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

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341–350 of 527 posts

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

#341

Earlier quoted context omitted.

Green cards cannot be yanked for constitutionally protected speech.

That is true. What recently happened is that the Supreme court has determined that speech which benefits a foreign terrorist organization constitutes "material support" to that organization, and providing material support to a terrorist organization is a crime which can get a green card revoked. Now, I don't think it makes any sense that speech is "material" support, but I also think it doesn't make any sense that sp…

Not a lawyer, but reading from the 2010 decision that I think your citing the first line is.

"Material support" is logically defined as more than mere statements of support, and supporters of these groups may advocate for or participate in these organizations.

Specifically it's seems as though an organization was working with terrorist groups to provide training on how to seek non violent solutions with global humanitarian bodies.

Seems like for this to be similar it would require the government to show they individual engaged in direct actions to provide aid to Hamas greater than statements/speech to meet the current definition of "material support".

For statements of support of a terrorist organization to be considered "material support" I think it would require a new ruling from SCOTUS

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

#344
post #275

Earlier quoted context omitted.

The linked articles have no information in them, except a sob story told through one perspective. For all we know, the US was coordinating extradition or release into their home country. A person attempting to illegally crossing the border (such as the two in the article) have committed a crime and could be held on that alone - yet they were released back to their home country. Seems like a pretty good ending for the…

What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa? If you think that is a proportional response you are a nasty, nasty person.

One that has individuals in government with a history advocating for private prisons where most undocumented immigrants are housed. 6 weeks probably leads to some solid profits for the bottom line.

Solitary is probably a bonus charge.

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

#345
post #299

Earlier quoted context omitted.

I thought you only need a passport if you're crossing international borders?

If you're near a port of entry, you actually can be stopped at any time to be asked for proof of citizenship/visa/etc. See also https://www.aclu.org/know-your-rights/border-zone There are plenty of border patrol stops along highways that never cross a border where you'll be routinely stopped. In practice, that means "near the border with Mexico" where there are border patrol stations along highways well inside the US…

Slight correction: "enhanced" driver licenses are citizen-only, and this is actually checked during issue, so they can also serve as proof of citizenship.

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

#346
post #296

Earlier quoted context omitted.

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

It is as bad as it has ever been……… But border patrol has always been a bunch of small dick assholes, all the way back to Obama. My wife and I adopted a child from another country. He was 18 months of age at the time. We flew into LAX. We were exhausted from a long flight. We got to customs. Agents approached us and said that they had a few questions and said that I (the father) needed to collect our bags and they wo…

Did the adoption agency warn you about crossing borders?

Many families with recent adoptees have terrible experiences. It’s sad, but it’s important to prepare for it.

Adoption and human trafficking can look very similar. And border guards are often assholes.

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

#347
post #89

Earlier quoted context omitted.

Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing denaturalization efforts. The first Trump administration tried this but it was largely unsuccessful but it's a different administration and a different Supreme Court so I don't think…

To be clear, the statutory standards for denaturalization are quite expansive: https://www.uscis.gov/policy-manual/volume-12-part-l-chapter... . 8 USC 1451(a): > a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the j…

This is why the ask what seems like an absurd question - “Are you a Nazi?” - on the US citizenship application.

Not because they expect people to say “yes”, but because if they find out later you hide information about your involvement in WW2, they deport you for lying.

No need to prove you were an actual Nazi. You withheld information which is enough grounds for revoking citizenship.

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

#348

Earlier quoted context omitted.

> Okay, you can go but you should carry your passport Funny, since half of U.S. citizens don't have a passport.

I thought you only need a passport if you're crossing international borders?

It’s the most “powerful” of all the US identity documents. It’s a good idea to have one even if you don’t intend to travel.

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

#349
post #173

Earlier quoted context omitted.

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

It cuts both ways. Many American friends have told me that they were treated aggressively at the Canadian border as well.

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

#350

Earlier quoted context omitted.

So this is not legal advice and I'm not an immigration lawyer. And I'm not explaining how the law is likely to be applied. Instead, I'm explaining how an aggressive government prosecutor could plausibly seek to apply it. The wording of 8 USC 1451(a) is not limited to particular questions on visa or green-card applications. The statute refers to how the "order and certificate of naturalization were ... procured" which…

Great points. The whole doc is vague and filled with trap doors. Best to get a citizenship asap

GP is talking about denaturalization, which is exactly stripping citizenship.
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