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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

#361

Post by proberts »

pcl wrote: post #163

A friend is an ESTA holder. At a point of entry, an immigration officer verbally told her that she needs to leave the US within 1 month, even though her ESTA status allowed for a 3-month stay. (She had a return ticket 2 months from the date of entry.) The immigration officer did not write any date (at all) on the stamp in her passport. The ESTA website lists her required departure as 2 months out. Are there any other…

Unless the I-94 admission period is limited to less than 90 days, then an applicant for admission under ESTA can stay the full 90 days (assuming the activities stay within the B-1/B-2 lines) regardless of what the admitting CBP officer says or even writes down. In other words, if a CBP officer believes that an applicant for admission should be admitted for less than 90 days, then the officer must limit the I-94 admission period.

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

#362

Post by YZF »

proberts wrote: post #357
YZF wrote: post #267

Earlier quoted context omitted.

Same here, also got a TN because the questioning becomes very uncomfortable as both sides of the conversation usually are not stupid. Some friends in a similar situation were turned around at the border which can also lead to getting barred from ever entering the US again.

To be clear, an H-1B visa is petition based so unless the CBP officer has reason to believe that something is amiss, the officer is not authorized to ask to see a copy of the petition; that clearly crosses a line. The TN is not petition based so every time a TN worker seeks admission, the CBP officer is authorized to re-adjudicate the TN application.

It's technically true that a TN may be reviewed at every entry true but I have personally crossed the border dozens of times with TN status and I know of many others that may live in Canada but have a day job in the US. It's a much easier entry vs. tourist/business visas. An H1B may or may not be petition based depending on your citizenship (e.g. for Canadians it's not) and either way any specific trip is either for business or leisure and certainly the immigration officer has authority to deny entry. EDIT: Sorry I misread that as a B1 or B2. H1B is different. Also much harder to get vs. a TN (which is just easy process at the border).

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

#363

Post by proberts »

abaymado wrote: post #165

Hi Peter, Thanks for taking question. I am currently seeking Asylum in the US, came here when I was 13 in 2011, I have yet to receive a court date. What are some option for me in terms of acquiring green card, if I was to withdraw my asylum and to apply to YC?

That's a complicated questions. With limited exceptions, you would need to leave the U.S. to complete the processing of your green card application and almost certainly need to obtain a waiver of inadmissibility. Again with limited exceptions, you also would need to leave if you wanted a temporary work visa status, such as an O-1, although the required waiver would be easier to get.

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

#364

Post by proberts »

sparrow98 wrote: post #198

It's regarding my recent I-485 filing and my spouse's green card eligibility. Due to unforeseen family circumstances, my spouse and I are considering divorcing, but I want to ensure that my spouse's green card application is not jeopardized in the process. As the primary applicant, I am committed to supporting my spouse through the green card process before finalizing our divorce. To navigate this complex situation e…

This is extremely nuanced and delicate; you absolutely should consult with an attorney before taking any green card steps.

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

#365

Post by YZF »

usr1106 wrote: post #316
YZF wrote: post #266

Earlier quoted context omitted.

It's literally anything that doesn't fit the narrow description in the business visa. A random example is if you own a house in the US, and you do any maintenance work on your own house, that is work. From the US web site participating in business activities of a commercial or professional nature in the United States, including, but not limited to: Consulting with business associates Traveling for a scientific, educa…

Interesting. I used to work for a big international corporation and visited the US twice for work. A six week customer support gig and a one week field testing trip. The first trip was still under older visa waiver rules for Europeans, the second one under ESTA. In none of those cases there weren't any kind of tricky questions asked at the border, I am sure I would have given the wrong answer. But I have been to more…

It really depends on how much such travel happens in said corporation. I've worked for companies that handled this well and others where they were generally clueless. Most large companies will have immigration lawyers that work with them but usually the trivial business trip doesn't go through a lawyer.

How much and what types of questions you're asked can depend on many factors. Whether the officer had a fight with his wife, your profile, how his day has been going etc. Sometimes it's "have a nice day" and sometimes it's a longer interrogation including secondary inspections.

This is a common misconception that work means having a contract with a US employer. As another example you're not allowed to work remotely for a non-US employer while physically being in the US.

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

#366

Post by proberts »

icangothroughit wrote: post #359

Hello. I'm struggling with my immigration status and my friend recommended my to ask on this website. I hope I can get some legal advice well! My current immigration status : I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J…

You need to speak with an immigration lawyer who specializes in VAWA. If you email me, I can refer some to you.

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

#367

Post by YZF »

lolinder wrote: post #338
data_maan wrote: post #315

Earlier quoted context omitted.

Can someone confirm/deny this?

What this person says is already contradicted by the immigration attorney who started this AMA. I'm amused and perplexed at all of the "I'm not a lawyer, but..." comments when this is literally an AMA with a lawyer.

I commented as a "not lawyer" since it wasn't clear if the lawyer would answer and I have extensive experience, research, and have discussed this with lawyers. Just trying to be helpful.

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

#368

Post by proberts »

hoerzu wrote: post #170

Dear Peter, really appreciate your AMAs. I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level). I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me. What visa should I approach? H1B lottery didn't work for the second time.

Depending on a number of factors, the likely visa options are the E-1 and the O-1 but because of the incident, you likely will need a waiver when you apply for a visa and the waiver process can take anywhere from 3 to 6+ months.

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

#369

Post by proberts »

Manouchehri wrote: post #296
epa wrote: post #203

Earlier quoted context omitted.

No you cannot. TN requires you to have specialized degree. You can only be sponsored for H1-B by an employer (hired and move same time).

The Computer Systems Analyst category only requires a post-secondary diploma and 3 years of experience, or a full bachelor's degree. When I interviewed with Google and Facebook a few years ago, neither of them were concerned that I don't have a bachelor's degree (I have a 2 year post-secondary diploma). I can't remember which one it was, but one of them thought they'd be able to get me an O-1 visa as a backup plan if…

That's right, there are a few TN occupations that don't require a bachelor's degree including Computer Systems Analyst, Management Consultant, and Scientific Technician/Technologist.

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

#370

Post by proberts »

e63f67dd-065b wrote: post #193

I've seen a few variants of this question, but not answered in a helpful way: What is, in your experience, the minimum that gets you a decent shot at a NIW/O1? You previously mentioned that published papers are helpful but not mandatory, but for PhD students/graduates, if publications are not the determining factor, what is? Looking through the Dhanasar's three prongs, it does seem like papers are the easiest and mos…

The third prong is vague and the attack depends on whether the applicant is a founder or an employee and whether the applicant's endeavor is technical or not. Almost always there's a basis for those with PhDs to qualify for an NIW.
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