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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#221

Can a US citizen with a foreign spouse bring the spouse to the US on a tourist VISA and adjust status? What if they already filed the i-130 with consular processing?

That could be viewed as fraud at the time of entry under both scenarios. I recommend that you speak with an immigration to come up with a workable plan. Note that if your spouse applies for his or her green card visa (known as an immigrant visa) at a U.S. Consulate, he or she can visit you on a tourist visa for extended periods of time while waiting for the interview at the U.S. Consulate.

Thanks for the info. Tricky situation because we have a kid who has dual citizenship, and we are not in the US, but want to move back.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#222
Hi and thanks for doing this.

I went through CBP twice in the span of 20 hours. I was granted entry once and denied the second time. The second time, I had to sign some electronic pad and later a form (I-275) was given to me. Did I have the option not to sign? And is this contradictory decision in span of 20 hours legally OK?

Below are some more details:

At Toronto Pearson (Terminal 3) on December 1-2, 2025, I went through CBP twice and the first time I was granted entry and second time denied. I am a dual Canadian-Iranian citizen. On day one I was given a detailed biographical form, questioned repeatedly about my purpose of travel (Conference), employment, etc and especially about any Iranian military service. I provided old passports and a university transcript showing that I have not been in Iran since 2019 and prior to that I was studying in the university. They also explicitly questioned me about a prior incident in which Canadian police claimed an explosive trace ("Tetryl") on me, which I disputed as an error. CBP took my belongings (backpack, watch, wallet, phone), conducted a body inspection in another room (through search, hands inside my pants followed by groin search) took my fingerprints multiple times and took my phone after requiring the pass code and it was out of my possession for about an hour. After several hours they told me I was "negative" but by then my flight had departed. I was given only a piece of paper with CBP stamp. Since there was no flight for my airline for the rest of the day, I was brought back to the Canadian side. The day after, I went through CBP again and when I showed them their paper with stamp I was told "we are not going to take your word for it" and the full process happened again (although no body check or phone check this time). A different officer then stated that my documents were not sufficient to prove I had not done military service in Iran and that I now needed an official exemption letter or something similar from Iranian authorities. He added that I should have been "advised differently" the night before. Finally, my picture was taken and I was asked to sign on a pad twice. Only afterward did they print and hand me a form (I-275) showing a withdrawal of my application. I was escorted back to the Canadian side. Did I have the option not to sign? If in future I decide to visit US is this going to be held against me? I can provide more details or the form if necessary.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#223

Earlier quoted context omitted.

Based on news, it seems like if you like Donald Trump you may get in. If you don't like him you don't. You may also be jailed for two months for not liking Trump - that's happened a few times and that's why tourism fell off a cliff.

> You may also be jailed for two months for not liking Trump - that's happened a few times Do you have a concrete example story that illustrates this?

Rumeysa Ozturk

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#224
Hi Peter, thank you for doing this AMA.

How can an European Senior SWE land a job, let’s say, SF and have some kind of guarantee regarding the visa before flying into the US.

The 100K cost for the H-1B is so absurd that it crushes any hope of me ever participating in Silicon Valley or any other tech hub in the US. Is the tech alive or are companies just relocating to EU/others?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#225

Have you handled cases/seen outcomes of self employed founders' H1B applications under the new rule?

Yes. The forms only require disclosure of ownership if it is above 50% so this has made it much easier for international founders (with cofounders) to obtain H-1B status. The challenge comes when ownership exceeds 50%.

Yes im referring to cases when the founder has >50% or in fact 100%.

Curious how the statistics/success rates are looking?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#226

Earlier quoted context omitted.

They are not legally entitled to deny you entry. That doesn't mean they can't deny you entry. It means you might win a court case some day. ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission. "Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do…

> ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission. Where are you getting that statistic (honest question)?

I overstated, but it's murky.

https://www.dhs.gov/news/2025/12/05/despite-medias-claims-ic...

Why would ICE leave the number as low as "70%" if they could be higher? Every illegal alien is a criminal as far as the law is concerned. Every illegal alien arrested is "charged with a crime". Otherwise ICE is openly stating to its supporters that they arrest illegal aliens and then release them, something their supporters are vocally against, and the administration believes and claims to be a serious problem.

Meanwhile, the Cato Institute a libertarian think tank, claims they have been leaked far worse data https://www.cato.org/blog/5-ice-detainees-have-violent-convi...

A direct reading of ICE's claims (that seem to be contrary to information obtained through FOIA?) is that 70% of the people they arrest are criminals, which by their own definitions, would imply 30% of the people they arrest are not illegally here, but that's reading between the lines and it's hard to lend any credence to anything said by an administration that treats public statements as a fun gaslighting game.

But essentially, if ICE COULD claim everyone they arrest is an illegal alien (and literally a criminal they are legally allowed to arrest and deport), why wouldn't they?

Flag my claim if appropriate.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#227
dear Peter Roberts, your responses have been super helpful. I'm a unlucky position of losing esta for smoking weed once in New York. looking into waiver of inadmissible as you recommended should I get I writing from a therapist before or after o1 application?

should it be d3 or i601?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#228
post #46

Just a high level question. My youngest son was adopted. He isn't white. He is naturalized. Should we go ahead and renew his passport so he can carry around a passport card at this point(we never got one in the past because they seemed like a waste). It seems crazy but with people being grabbed off the street for being brown, it seems prudent have a quick way to prove citizenship.

[flagged]

I've never been murdered either. Good to know that doesn't happen at all.
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