I am married to an american but we are leaving abroad and we never started the process for me to get a green card as we didn't plan to move to the US yet. Is it true that when I apply and get the card I then have a limited amount of time to move in, and if I don't then I would have to start the whole process again?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
351–360 of 418 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#352Hey Peter! I wanted to thank you for doing this. I just got my green card last year, and it all kind of started with me asking you a question about H1B caps in a thread like this almost a decade ago. Super appreciate you doing this for people that are dreaming of a better future, dreaming of the American dream. Wish you the best!
Wow. That's so nice to hear. Thanks!
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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#353Earlier quoted context omitted.
Are you seriously suggesting that undocumented immigrants are immune from US jurisdiction in some respect? This sounds like a reverse version of the odd legal theories proffered by sovereign citizens as to why they should not be subject to judgements in US courts.
Yes, of course they are. Just one example is conscription.
They are required to pay taxes worldwide income [1] and register for selective service as the peer comment stated.
[1] https://calawyers.org/publications/taxation/ca-tax-lawyer-ma...
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#354I am married to an american but we are leaving abroad and we never started the process for me to get a green card as we didn't plan to move to the US yet. Is it true that when I apply and get the card I then have a limited amount of time to move in, and if I don't then I would have to start the whole process again?
Yes.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#355Earlier quoted context omitted.
I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in the U.S. So children born in the U.S. to diplomats aren't considered citizens at birth.
The same is true for people born into war zones not fully under US control. I still wouldn't write this off. All it takes is a compelling argument for a new interpretation of "and subject to the jurisdiction thereof". It's pretty easy to make a compelling argument. The 14th Amendment was intended to address the citizenship status of freed slaves and their descendants post-Civil War. It was not meant to apply to the c…
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Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#356Hi Peter! Thanks for doing this! I've been watching this thread and reading for so many times but now I have a question. If I come from Australia with an E3 visa, what is the pathway for me to get a greencard? On the US Gov website, the E3 visa is a non-immigrant visa. does this mean that I can't convert to H1B or greencard if I came with E3 visa? Thankyou
I came on E3, converted to H1B then applied for a greencard.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#357Earlier quoted context omitted.
Seriously? That's your take on a specific reference to hard numbers? Has Trump derangement syndrome simply made some people lose their capacity for reason? I don't believe Trump is specifically pro-immigration. I think he leans more to whatever the hell benefits his popularity with the people most likely to support him in any given moment and part of that revolves around harping about illegal immigrants, though the a…
Your links are broken. No one here can see your "hard numbers"
Google searches are free and it's very easy to find the annual deportation quotas by presidential term. Do a little research if you're going to emotionally invest in a politician's claims.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#358Earlier quoted context omitted.
Also, feel like specifying how its collaboration has been "eager" or how it in any relevant way is related to the plight of migrants, instead of just tossing out some accusatory virtue signalling?
Everyone can safely ignore all accusations of “virtue signaling” because it is 1) a manipulative play designed to make you feel like a schmuck for having principles and 2) it is hypocritical in that is does exactly what it suggests you are doing.
No, virtue signalling is a very real thing that's usually easy to see and define. Having principles isn't quite the same as smugly but cheaply signalling some moral stance. I have no idea what you mean with your second statement. Pointing out a case of virtue signalling isn't itself virtue signalling.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#359Hi Peter, I'm planning on doing a Master's in the US starting Fall 2025 - is it a completely bad idea?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#360I know someone who has got a O1 visa to do freelance work, via an employer that has turned out to be dodgy. This employer is giving her mixed messages, on the one hand claiming to have cancelled her visa because she wasn't available for work exactly when the employer needed, on the other saying they haven't really cancelled the visa and she can carry on working for them. She now wonders whether her O-1 entry was during the 60-day grace period after it had been cancelled and thereby unlawful. She doesn't know whether she can legally continue to work because she cannot trust this employer. Compounding this is the fact that she's been engaged to an American for a while and is pregnant. She's now worried about having unwittingly done an illegal entry, and about being seen to have worked illegally, and how that would affect her adjustment of status. I know little of this but I suggested 2 things - (1) collect evidence of the games this employer is playing with you, and ask them to say in writing they haven't cancelled your visa, as proof that you entered the US in good faith and are not knowingly working illegally, (2) possibly contact USCIS directly to check whether the visa is still valid. Any comment on her situation and what she might do?