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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

#411

Post by trollbridge »

refurb wrote: post #326
whats_a_quasar wrote: post #157

Earlier quoted context omitted.

Green cards cannot be yanked for constitutionally protected speech.

That is not true. My understanding is a US citizen could promote a terrorist organization like Al Queda and that would not be a crime (if no imminent threat) as it’s protected speech. They could be investigated, but if no crime is committed the won’t be consequences. If you’re a green card holder you most certainly could have your green card yanked for the same speech. Green card holders are still immigrants and liab…

Yep. I was acquainted with a green card holder from Serbia who got accused of a war crime. He eventually was stripped of his green card and sent to Croatia to face a trial there. The basis was that he didn’t tick the “I am a war criminal” box on his green card application. He submitted to a plea agreement to be incarcerated for not ticking the box for 2 years and then was deported. (This happened back in 2015 under the Obama administration.)

Croatia gave him a fair trial and found him not guilty. Despite that he can’t ever come back to the U.S.; this situation is analogous to what the protester from Columbia is facing. Basically, USCIS can decide you lied on an application about a crime they think you committed, without actually being convicted of that crime. (Or in the case of Slobodan Mutic, eventually being found not guilty.)

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

#412

Post by trollbridge »

aprilthird2021 wrote: post #362
blindriver wrote: post #304

Earlier quoted context omitted.

You need to educate yourself. This is 100% incorrect. It might be legal for a citizen but not a permanent resident. Endorsing terrorism is a question asked on every Green Card and naturalization application, and will get your deported. Until you are a citizen you will lose your green card for endorsing terrorism.

So if a green card holder said "I can see why people support Hamas" should he be expelled? When does just talking about a situation turn into "endorsement" or "support"?

That’s part of the problem here. The federal government can decide by fiat that you did a bad thing before you applied for a green card and then deport you based on that.

They can also say you did a bad thing after and revoke your green card, although it’s a bit more paperwork to do so and requires a higher up to sign off on it (in this recent case, the Secretary of State himself).

I’m not aware of any country that provides blanket free speech for noncitizens.

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

#413

Post by trollbridge »

Natsu wrote: post #227
dragonwriter wrote: post #24

Earlier quoted context omitted.

GC holders are permanent resident aliens, not naturalized citizens. Yes, thet went through a legal process, but citizenship is further down the road of that process.

Correct. One has to file an N-400 to get naturalized after obtaining LPR ("green card") status.

Which you can do 3 years after marriage (in the case of Khalifa), and it’s recommended to do so.

The main reason people don’t is because they don’t want to be filing U.S. tax returns the rest of their life if they plan to eventually move back to another country. I have relatives who have made such a decision.

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

#414

Post by tome »

aprilthird2021 wrote: post #409
tome wrote: post #400

Earlier quoted context omitted.

Israeli prisons are not run by the military. Holding people without formal charges is called "administrative detention" and also happens in Australia, Brazil, the UK and the US. Perhaps some abuses happen during that process. I wouldn't be surprised. But it's not the policy of Israel to abuse prisoners.

Okay maybe I can say it's an extremely common occurrence the government doesn't sanction

Are you saying it is not Israeli government policy to abuse detainees?

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

#415

Post by trollbridge »

lurker919 wrote: post #161
miketery wrote: post #84

Earlier quoted context omitted.

I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.

Curious what is the rationale for this rule. Not against or for it or anything, just interested in what historical precedent led to this logic.

Since an H1-B or O-1 visa is an employment visa, it has to be used as an employee to work for an employer.

Two founders can form a board and hire each other, creating an employee-employer relationship to the business. This has been done with great success for O-1s; I doubt it would be as easy for an H-1B.

There isn’t a visa that allows immigrant or nonimmigrant intent to come to the U.S. and be self employed. Therefore your business structure must not contain a whiff of self employment.

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

#416

Post by xpl »

77pt77 wrote: post #340

Someone has a green-card for 7 years. He's thinking of giving it up. Is there an exit tax for him? Is it only after 8 years? How much is it? Thank you?

Not everyone needs to pay exit tax, only if your net worth is over $2mln or your 5-year average annual tax paid is over $190k or something like that.

IANAL so do your own research. Google "covered expatriate".

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

#417

Post by mizzao »

A friend has hired an engineering leader from Ukraine, entering via the United for Ukraine program which authorizes work in the US. Their family, who moved with them, is now very stressed because of the threat of losing work authorization and deportation. What are their options?

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

#418

Post by berdario »

trollbridge wrote: post #406
berdario wrote: post #391

Earlier quoted context omitted.

It's pretty common around the world. EU citizens don't need a passport to travel across the EU (even outside the Schengen area, where you have to go through a border check), they just need an identity card. (most) EU citizens could also travel to Turkey with their identity card. EU citizens could travel to the UK with their identity card, for a few years after Brexit, as long as they got UK (pre-)settled status. Russ…

Circa 2018, I was travelling from Greece to Germany. For whatever reason, the Bundespolizie decided to check everyone’s passports. In particular everyone from Ireland was demanded to have a passport - their identity card wasn’t good enough.

They probably singled out Irish citizens because Ireland (just like the UK) doesn't provide ID cards...

But they have a "passport card"

https://www.citizensinformation.ie/en/travel-and-recreation/...

I don't see why Bundespolizie would have had to treat people differently, alas it's usually difficult to argue with a foreign country border police

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

#419

Post by xhkkffbf »

blast wrote: post #173
walrus01 wrote: post #41

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.

I got lots of questions going from the US to Canada. But we were just waved through going in the other direction.
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