I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#311

Post by bmelton » Sat, Jul 07, 2018, 4:37 AM UTC

fredophile wrote: post #302

jonhohle wrote: post #300

Earlier quoted context omitted.

> ... especially considering the new administration? Not to be rude, but it sounds like you are a lawful permanent resident. Do you have any evidence that suggests that lawful permanent residents are being treated any differently by the government now or in the future by the government? There’s a lot of FUD trying to conflate what’s happening to people entering the country by bypassing official immigration processes…

There have been plenty of news articles in the last two days about the current administration forming a task force to remove citizenship from naturalized citizens that they believe lied on their applications. That's citizens, not just permanent residents. The immigration process is long and complicated. It would be easy to make small mistakes here and there. Technically, some of those mistakes could get you deported.

Not to repeat myself, but this is similar to an action taken by the Obama administration.

https://www.cnn.com/2016/09/19/politics/us-citizens-deported...

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

#312

Post by jpmoral » Sat, Jul 07, 2018, 5:10 AM UTC

sumedh wrote: post #307

Townley wrote: post #29

In your opinion, are there other countries that have a significantly better process for handling skilled immigration applications. And, if so, what lessons from them would you like to see brought over to the US?

Australia has points based immigration which looks at your age, education, work ex etc. If you have the points you get the resident visa even if you are outside Australia, you dont even need a job offer.

Not exactly, having enough points means you may get invited to apply for a visa. Points don't guarantee receiving an invitation or being granted a visa.

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

#313

Post by jonhohle » Sat, Jul 07, 2018, 5:10 AM UTC

fredophile wrote: post #302

jonhohle wrote: post #300

Earlier quoted context omitted.

> ... especially considering the new administration? Not to be rude, but it sounds like you are a lawful permanent resident. Do you have any evidence that suggests that lawful permanent residents are being treated any differently by the government now or in the future by the government? There’s a lot of FUD trying to conflate what’s happening to people entering the country by bypassing official immigration processes…

There have been plenty of news articles in the last two days about the current administration forming a task force to remove citizenship from naturalized citizens that they believe lied on their applications. That's citizens, not just permanent residents. The immigration process is long and complicated. It would be easy to make small mistakes here and there. Technically, some of those mistakes could get you deported.

I have sponsored an immigrant (have you?) who is now a citizen. If they were at even minimal risk of losing their citizenship, it would be horrifying. Since the articles referenced involve fraud on immigration applications, I’m sure there is zero percent risk of deportation in my case.

Fraud requires intent. It’s not making a small mistake here and there on an application (been there, done that, fixed it, process goes on).

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

#314

Post by deanmoriarty » Sat, Jul 07, 2018, 5:21 AM UTC

jonhohle wrote: post #300

deanmoriarty wrote: post #111

Hi, first of all thank you for your time. I have been a green card holder for a bit more than 5 years now, and would like to move forward with the naturalization process. For better growth opportunities, I changed employer soon after my green card was obtained (about 2 months after). I have stayed with my former employer (big enterprise which sponsored my H1B and then GC petition) for 3+ years, and with my current on…

> ... especially considering the new administration? Not to be rude, but it sounds like you are a lawful permanent resident. Do you have any evidence that suggests that lawful permanent residents are being treated any differently by the government now or in the future by the government? There’s a lot of FUD trying to conflate what’s happening to people entering the country by bypassing official immigration processes…

Please read this, from another fellow HN user just a few months ago, and let me know what you think: https://news.ycombinator.com/item?id=15679062

This is an employee working with a company where things have been done "by the book", and yet USCIS found a silly reason to deport the candidate.

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

#315

Post by deanmoriarty » Sat, Jul 07, 2018, 5:36 AM UTC

jonhohle wrote: post #313

fredophile wrote: post #302

Earlier quoted context omitted.

There have been plenty of news articles in the last two days about the current administration forming a task force to remove citizenship from naturalized citizens that they believe lied on their applications. That's citizens, not just permanent residents. The immigration process is long and complicated. It would be easy to make small mistakes here and there. Technically, some of those mistakes could get you deported.

I have sponsored an immigrant (have you?) who is now a citizen. If they were at even minimal risk of losing their citizenship, it would be horrifying. Since the articles referenced involve fraud on immigration applications, I’m sure there is zero percent risk of deportation in my case. Fraud requires intent. It’s not making a small mistake here and there on an application (been there, done that, fixed it, process goe…

Once again, this is a quote where a small "mistake" (if you can call it that) caused a visa holder already in the country to be deported: https://news.ycombinator.com/item?id=15679062

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

#316

Post by sumedh » Sat, Jul 07, 2018, 6:06 AM UTC

jpmoral wrote: post #312

sumedh wrote: post #307

Earlier quoted context omitted.

Australia has points based immigration which looks at your age, education, work ex etc. If you have the points you get the resident visa even if you are outside Australia, you dont even need a job offer.

Not exactly, having enough points means you may get invited to apply for a visa. Points don't guarantee receiving an invitation or being granted a visa.

You missed the bigger point of countries having a significantly better process for handling skilled immigration applications.

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

#317

Post by dragonwriter » Sat, Jul 07, 2018, 6:18 AM UTC

bmelton wrote: post #310

dragonwriter wrote: post #305

Earlier quoted context omitted.

Both LPRs and even naturalized citizens are being targeted; notably, for the first time since this was done during the second Red Scare, the Administration is actively seeking out naturalized citizens to denaturalize. https://www.npr.org/2018/07/04/625980910/white-house-launche...

> for the first time since this was done during the second Red Scare The Obama administration also sought out citizens for potential denaturalization when it was revealed that some of the fingerprint records they were naturalized under may have been faulty, or incorrectly held. https://www.cnn.com/2016/09/19/politics/us-citizens-deported...

The article you cite does not say the Obama Administration actively sought to find denaturalizable citizens, it says that an error which would have made citizens denaturalizable was discovered late in the Obama Administration, and a recommendation was made to identify all the effected persons and decide what course of action to take.

Yes, every Administration has reacted to discovery of information which would have made citizens denaturalizable, sometimes by pursuing denaturalization. Since the second Red Scare, however, the government has actively and specifically sought to find bases for denaturalization as a policy goal.

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

#318

Post by jonhohle » Sat, Jul 07, 2018, 6:32 AM UTC

deanmoriarty wrote: post #315

jonhohle wrote: post #313

Earlier quoted context omitted.

I have sponsored an immigrant (have you?) who is now a citizen. If they were at even minimal risk of losing their citizenship, it would be horrifying. Since the articles referenced involve fraud on immigration applications, I’m sure there is zero percent risk of deportation in my case. Fraud requires intent. It’s not making a small mistake here and there on an application (been there, done that, fixed it, process goe…

Once again, this is a quote where a small "mistake" (if you can call it that) caused a visa holder already in the country to be deported: https://news.ycombinator.com/item?id=15679062

First of all, an H-1B does not give someone not a lawful permanent residence. Second of all, it seems like his/her employer screwed up. The poster was vague on the timing, but if accurate, the employer was supposed to notify USCIS about the change prior to it taking affect (hence the response that they were not notified on time).

    “If you do not file an amended petition for these employees…,
    you will be out of compliance with USCIS regulation and 
    policy and thus subject to adverse action. Similarly, 
    your H-1B employees would not be maintaining their 
    nonimmigrant status and would also be subject to
    adverse action.

This is from a decision made in 2015. By changing locations prior to notification, they didn’t maintain their status. No ill will or targeting. USCIS did exactly what they said they would do.

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

#319

Post by hycaria » Sat, Jul 07, 2018, 6:46 AM UTC

proberts wrote: post #221

exabrial wrote: post #192

Earlier quoted context omitted.

:( I think it'd be a useful conversation to have. Contrary to what the news media says, I think vast majority people are pro-immigrant, including the red states. Showing the policy is blocking investment over the perceived safety would be valuable, especially to people who love that kind of thing.

I agree. I know clients of mine have made decisions to set up shop and invest elsewhere because of the difficult in getting visas for themselves and employees.

Is that so bad? Globally I don't think it's such a great idea to have the US draining most tech businesses as it currently is.

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

#320

Post by throwaway566870 » Sat, Jul 07, 2018, 7:02 AM UTC

proberts wrote: post #273

I am going to sign off now. As always, it was a pleasure and honor to correspond with everyone. If I missed your question or if you have a question not asked, either post here - I'll be checking in over the weekend - or send me an email (my email address is in my profile). Have a great weekend.

Thank you for answering all of our questions, Peter!

I am currently on an L-1B and in the process of obtaining the GC (EB-2). My I-140 just got approved, and my lawyers said that my case should take 12 more months.

I have been with my employer since mid-2015 (1.5y in an European office, since beginning of 2017 in SF office).

How long would you recommend that I wait before I switch employers after I receive the GC? I hear conflicting advice, so I would really value your opinion!

I won't be applying for citizenship later but don't want to risk losing the GC.