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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 hippich »

yeputons wrote: post #367
argo_cve wrote: post #225

Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years. We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS). My employer tried writing to the Cong…

Not a lawyer here. My advice would be to relax, enjoy Armenia, and assume you are not entering the U.S. in the next couple of years, for any reason. Administrative processing (I assume you actually mean 221(g) refusal) can easily take 1-2 years. The most extreme case I've heard of took 4 years. In 2016-2020 writing to a congressmen could actually help: https://daniel.haxx.se/blog/2020/11/09/a-us-visa-in-937-days... ,…

Just I quick note - writing to congressman may actually help and worth trying. My mom's greencard was stuck in 2023 due to some bs with documents in consulate with officer there non responding. After the letter by my senator I got a call from the officer over there and the issue resolved within a day. This is of course different from op's issue, but just wanted to note that it is worth trying in any case.

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

#412

Post by I_am_tiberius »

proberts wrote: post #146
AndrzejNowak wrote: post #47

If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal? What about existing visas?

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

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

#413

Post by ahoef »

I_am_tiberius wrote: post #412
proberts wrote: post #146

Earlier quoted context omitted.

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

No need to be needlessly antagonizing or blaming.

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

#415

Post by literallyroy »

I_am_tiberius wrote: post #412
proberts wrote: post #146

Earlier quoted context omitted.

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

I’m not the person you’re replying to, but I’m interested in your response to your own question if you’re up for sharing.

My uninformed opinion if you want it: No, it’s not normal for someone to speak to an attorney before traveling. That question is a tad rigged though since I do find it normal to talk to an attorney if you’re doing something abnormal[0] to a legal document, especially to a legal document used to (ideally) rigorously confirm your identity.

[0] uncommon is likely a better choice of words, but I hope the added indirection isn’t necessary in this format of discussion

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

#416

Post by erehweb »

joshdavham wrote: post #342
proberts wrote: post #147

Earlier quoted context omitted.

Legally, the correct answers are No and Yes.

Thanks Peter for your answer. I’ll be sure to apply this advice going forward. With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.

Peter already replied to this elsewhere in the thread. To a question

"Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks 'Are you legally entitled to work in the US?'. Am I meant to answer yes or no to that?"

Peter replies:

"Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs."

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

#417

Post by chongli »

I_am_tiberius wrote: post #412
proberts wrote: post #146

Earlier quoted context omitted.

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

It's not normal. The vast majority of people travelling to other countries do not consult with an attorney before doing so. By recommending that someone consult an attorney Mr. Roberts has effectively cautioned this person against travelling to the US without politicizing the discussion.

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

#418

Post by csomar »

ty6853 wrote: post #111
Exoristos wrote: post #39

Earlier quoted context omitted.

Can you explain what fraud was used to obtain the warrant?

Yes. They claimed a dog alerted on me. An anonymous dog, handled by an unnamed officer in the affidavit, which was used as 3rd party inter-species hearsay via a HSI officer to the assistant attorney and judge. A dog did not alert on me. In fact it is against CBP policy to use dogs on a person, they are to be used on your articles.

I think you posted from a new account for privacy and then mistakenly posted from your original account?

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

#419

Post by nashashmi »

maeil wrote: post #392
nashashmi wrote: post #387

Earlier quoted context omitted.

He won’t answer the question from a strategic perspective. He will answer only from a legal standpoint. That’s the only perspective he is an expert in.

GP nowhere indicated to be looking for a strategic perespective answer, they're saying they want to know the legal reasoning.

Ok. I thought the other replies he was referring to were of strategic nature.

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

#420

Post by proberts »

Plasmoid wrote: post #228
proberts wrote: post #147

Earlier quoted context omitted.

Legally, the correct answers are No and Yes.

That's really interesting. Can you expand on why those are the correct answers?

"Sponsorship" is not a legal term but like an H-1B, it requires a job offer so it is not just an individual filing. Broadly, there are two ways to get a TN, one by applying with U.S. Customs and Border Protection with a letter from an employer and the other is for that employer to file a TN petition with USCIS. When the latter approach is taken, the employer must complete, sign, and submit forms as the petitioning (read, "sponsoring") employer and these forms are many of the same forms that an H-1B petitioning employer must submit. So, "sponsorship" by an employer is required for those seeking to work in TN status.
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