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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

#401

Earlier quoted context omitted.

Is a reentry permit a document that can be obtained by filing the I-131 form, or how can one obtain such a permit? Could you spell out what "2 years at a stretch and generally up to 5 total without issue" means for non-native speakers?

That's right, the application is submitted using Form I-131. At a stretch here means a 2 year absence from the U.S. (without traveling back to the U.S.) and 5 year total means you could live abroad for 5 years without losing your green card (by getting reentry permits which can be issued for a total of 5 years).

Great, thank you

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

#402
I don't see many questions here about the employer and their role in hiring candidates that may need some kind of visa. What kind of resources would a startup need in order to hire somebody.

Also, what would the potential cost be if we found a candidate that needed an H-1B visa and we wanted to hire.

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

#403
post #393
post #220

Earlier quoted context omitted.

> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency.' If you're actually living in the US and just taking occasional vacations abroad this is extremely unlikely. Where people get caught out is when they're trying to basically snowbird between two countries while still on a green card. In that case it's better to first serve your 6 years in the US to earn citizenship. Th…

That will mean paying taxes and these snowbirds want to skip that.

Green card holders already have to pay taxes overseas, same as citizens.

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

#404

Earlier quoted context omitted.

Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when…

Thanks for the quick response, I agree if it would be that easy, sadly I’ve had friends that were turned away by customs for that exact reasons (staying months while they visited last time) and got recommended against even trying to enter by an attorney since the I130 in flight might be used by US customs against me. I don’t think you or anyone can assure me that if I am currently trying to enter the country for a vi…

> To come highlight again, this has been a huge surprise to my wife’s family who resides on both sides of the political aisle.

> They assumed it would be bad, but not quite how bad.

I have seen this play out many times. Everyone goes "We aren't against immigration, just the illegal crossings. Get in line like everyone else!" until they or someone close to them finally comes across the actually legal process.

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

#405
post #183

Earlier quoted context omitted.

since something that might be more palatable to some parts of the Republican party, Quite unlikely. The line would be "California will just let everybody in and send 'em to our state!"

I suppose Congress could create a concept of state-level permanent residence, but even then, if those permanent residents are allowed to become U.S. citizens, then they would be able to freely move to a red state, which the GOP again might find unpalatable. One finer point on this is that if state immigration policies are structured around a skills-based points-ranking, the prospective immigrants would all likely be…

Pretty sure that woukd be unconstitutional, freedom of movement between states is there, so that concept is just bad.

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

#407

What restrictions/things to know or consider are there for Canadian founders who are on a mix of TN/H1-B visas?

Those already in H-1B and TN status with their company or looking to obtain H-1B or TN status with their company?

Apologies -- this would be already in H1B OR TN status (at their existing company) and looking to start a company

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

#408
post #78

Dual Irish/US Passport holder here -- if I wish to emigrate to the US do I have to do anything other than buy a plane ticket?

They cannot deny access to US citizens, which you are. But... I hope you have been filing yearly taxes in the US...

I don't think I earn enough to be filing taxes in the US and there is an earned income threshold around $100k which I'm well below.

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

#409
post #311

Can I grant myself a visa with my own LLC? I co-own and run it remotely, it's making 600k profit from 4mil revenue. It's based in the US, I'm from Ireland, living in the UK. It hasn't taken investment but we reinvest a lot of revenue in growth.

How did you base it in the US? Stripe Atlas, or something more custom?
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