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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

#421

Post by Slava_Propanei »

jml78 wrote: post #296
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 is as bad as it has ever been……… But border patrol has always been a bunch of small dick assholes, all the way back to Obama. My wife and I adopted a child from another country. He was 18 months of age at the time. We flew into LAX. We were exhausted from a long flight. We got to customs. Agents approached us and said that they had a few questions and said that I (the father) needed to collect our bags and they wo…

[dead]

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

#422

Post by calmbell »

rayiner wrote: post #247
grahamgooch wrote: post #213

Earlier quoted context omitted.

Isn’t the green card risk based on a couple of items in the green card process The visa process and the person’s assertions to those visa questions For example - did you every x? And the required answer is No Let’s assume the person did commit X but answers No Years go by and the person gets a green card. The underlying assertion was a lie - therefore the whole stream of events later becomes questionable. The second…

So this is not legal advice and I'm not an immigration lawyer. And I'm not explaining how the law is likely to be applied. Instead, I'm explaining how an aggressive government prosecutor could plausibly seek to apply it. The wording of 8 USC 1451(a) is not limited to particular questions on visa or green-card applications. The statute refers to how the "order and certificate of naturalization were ... procured" which…

I am also not an immigration lawyer. In Maslenjak v. United States (https://www.supremecourt.gov/opinions/16pdf/16-309_h31i.pdf), eight justices disagreed with the expansive interpretation of the statute you describe. From the majority opinion, "The statute Congress passed, most naturally read, strips a person of citizenship not when she committed any illegal act during the naturalization process, but only when that act played some role in her naturalization." and "Suppose that an applicant for citizenship fills out the paperwork in a government office with a knife tucked away in her handbag. She has violated the law against possessing a weapon in a federal building, and she has done so in the course of procuring citizenship, but nobody would say she has “procure[d]” her citizenship “contrary to law.” That is because the violation of law and the acquisition of citizenship in that example are merely coincidental: The one has no causal relation to the other."

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

#423

Post by darksaints »

blindriver wrote: post #304
darksaints wrote: post #193

Earlier quoted context omitted.

Promoting a terrorist organization is legal and well within the boundaries of free speech. It's just not cool, not a good look, and should be shamed into submission. Providing material support to a terrorist organization is where it crosses into criminal territory.

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.

Conditions for admissibility are one thing, and you can be denied entry for any thought crime that the government wants to impose.

Once you are in, you have the same rights to free speech as any citizen, and the same rights to due process as well. In fact, the only thing they can do to curb your free speech is prove in court that you lied on your application. Which is likely how this case will play out after judges rule on how illegal their attempted action is, but as of yet the government has not provided any evidence of him lying on his application.

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

#424

Post by tmpz22 »

Gunnerhead wrote: post #369
asveikau wrote: post #358

Earlier quoted context omitted.

> all the way back to Obama. I, a natural born US citizen, was a student in the Bush years and I'd drive up to Canada. Coming back, the US guys were always aggro and weird. I had one guy smelling my laundry. At the time I figured it was some post 9/11 BS.

Hope it wasn’t the underwear specifically.

Sexual harassment and assault, such as illegal strip searches and the conditions at women's detention facilities, is a common form of Immigration abuse. This comment is an important reminder of just one form of that.

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

#425

Post by mmustapic »

tome wrote: post #410
mmustapic wrote: post #405

Earlier quoted context omitted.

It's either not occupied, it's part of Israel and Israel subjugates the Palestinians to an apartheid rule (with a big part of their lives controlled by Israel, included where they can move, work, live, and different laws applied to them), and harassed by colonists. Or it's Palestine and Israel is occupying it. In any case the UN and the ICJ think it's occupied territory, and the colonies are a war crime.

Israel is in administrative control over that part of the land. It's not clear to me exactly how much it owes the people who reside there, who used to be Jordanian citizens and who had their citizenship stripped by Jordan. That part of the world has never been part of a modern state. Jordan doesn't want it. The Ottoman Empire doesn't exist. There is and has never been a state of Palestine. Abu Mazen turned down an fr…

People live in the West Bank. If you take control of the area for 58 years you need to give them some rights and either make them citizens or give them independence. Neither thing happened, and the reality is that they live in an apartheid system, with different laws than other Israelis living in the same area. Israel might be a democracy but Palestinians are not citizens of Israel.

Germans expelled from parts of Europe was also bad, so?

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

#426

Post by throwaway9099 »

proberts wrote: post #137
throwaway9099 wrote: post #90

Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards s…

8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?

Yes, this is our first reentry permit, and it has a 2 year validity.

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

#427

Post by asdf_snar »

Hi Peter. As always, thanks for doing this.

I am a Canadian currently on an H1B visa, valid until November 2026. I can probably recapture time until early 2027. I just got an EB2-NIW approved, but my priority date is in August 2024, and currently we are serving people in Apr. 2023. It will take at least until next year until I can file my I-485 and get my GC.

I am wondering what my options are in case I need to find a new job. My understanding is that the EB2 doesn't help me much unless I can truly demonstrate that the new job continues to advance the national interest in the same way, and that any deviation from what I wrote in my application is grounds to deny the I-485.

In case I can't find a new job that fits the exact description I have on my EB2-NIW, and I have to move out of the US, can I still file my I-485 once my priority date becomes current (and therefore get a GC)?

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

#428

Post by darksaints »

gunian wrote: post #343
darksaints wrote: post #17

Earlier quoted context omitted.

Green card holders have a right to free speech.

[flagged]

> forget what the law says if push came to shove you would be killed no questions which is fair if you think about it

Under no circumstances would any thinking person consider that fair.

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

#429

Post by brutus1213 »

Hi .. wondering what the situation is for a senior Canadian scientist wanting to raise funds/do a start up in the US? Had H1B many years ago (and possibly have a year of time left on it .. not sure that matters). Lots of papers so can go the EB1 route if needed. Want something simple and straightforward. Is transferring via existing employer beneficial (with delaying future plans)?

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

#430

Post by tome »

mmustapic wrote: post #425
tome wrote: post #410

Earlier quoted context omitted.

Israel is in administrative control over that part of the land. It's not clear to me exactly how much it owes the people who reside there, who used to be Jordanian citizens and who had their citizenship stripped by Jordan. That part of the world has never been part of a modern state. Jordan doesn't want it. The Ottoman Empire doesn't exist. There is and has never been a state of Palestine. Abu Mazen turned down an fr…

People live in the West Bank. If you take control of the area for 58 years you need to give them some rights and either make them citizens or give them independence. Neither thing happened, and the reality is that they live in an apartheid system, with different laws than other Israelis living in the same area. Israel might be a democracy but Palestinians are not citizens of Israel. Germans expelled from parts of Eur…

Why should they be given independence? They're formerly Jordanian citizens and formerly Ottoman subjects. It's not as though some country or civil polity has been eliminated and needs to be restored. There never was any. They were offered a country by the Peel Report in 1937 and then the UN Resolution 181 in 1947, but they rejected it. They were offered a country by Barak in 2000 and Olmert in 2008, but they rejected it. They were given de facto control over Gaza, but they used the opportunity to launch rockets at Israel for 15 years and then to commit Oct 7th.

Germans expelled from parts of Europe was good! It was the natural consequence of Germany trying to take over all of Europe and failing. Germany has now lived in peace with its neighbours for 80 years. The people in the West Bank and Gaza Strip have not demonstrated they can live in peace with Israel.

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