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

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491–500 of 527 posts

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

#491

Earlier quoted context omitted.

No you do not have the same rights as any citizen. You are wrong. You cannot endorse terrorism. If you come into the US on a visa and say "Death to America!" then you will be deported. This has been the case for decades upon decades and in my opinion it is correct. It's called biting the hand that feeds you and that person is taking a spot from someone else who would be grateful for being in the US.

Your opinion doesn’t matter dude. Decades of jurisprudence and Supreme Court precedent has already conclusively determined that green card holders have the same rights to free speech as citizens. It would take overturning the existing Supreme Court precedent, and destroying the 1st amendment along with it, for that to go away.

You are completely wrong. Supreme Court found that aliens do not have full first amendment protection, especially around terrorism.

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

#492
post #275

Earlier quoted context omitted.

The linked articles have no information in them, except a sob story told through one perspective. For all we know, the US was coordinating extradition or release into their home country. A person attempting to illegally crossing the border (such as the two in the article) have committed a crime and could be held on that alone - yet they were released back to their home country. Seems like a pretty good ending for the…

What sort of fucking shithole backwards country locks people up for weeks (including over a week in solitary!) for arriving with an invalid visa? If you think that is a proportional response you are a nasty, nasty person.

Needs to be some reciprocation on American “digital nomads” on tourist visa.

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

#493

Earlier quoted context omitted.

LOL, how the hell are these accounts "far right"? And how do the accounts invalidate the video evidence and screenshots published on the posts?

One of them is Andy Ngo, and you're asking how they're "far right?"

These sorts of people are never honest.

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

#495

Earlier quoted context omitted.

It is insane to travel without a passport. How is it even possible! Americans are living in some weird timeline.

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…

To add to that: in virtually every country in South America their citizens can visit the other countries in South America with only an ID card, no passport necessary.

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

#496
post #273
post #269

Earlier quoted context omitted.

If you believe that's the entire story - walked across the border was arrested - then I have a bridge to sell you...

If you were right, they could easily clear the record by actually charging her. In several of the cases, they held people for extended periods rather than letting them leave the country which they really shouldn’t be doing if they don’t have enough evidence for at least one charge.

Immigration proceedings are usually administrative, this is why people often proclaim that visa violations are as same as parking violations. So there is no need to charge as there is no trial and there is administrative detention among the punishments. On the same note, "immigration judge" is not a member of the Judiciary but an officer of the Executive branch and "immigration court" is an Executive office as same as DMV.

There are criminal charges possible but are not necessary to indefinitely detain and/or deport any non-citizen who appeared on the border.

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

#497

Earlier quoted context omitted.

IANAL but I don't think there's a need for O-1 evidence to be from a specific country. The evidence just needs to credibly show that you're extraordinary. You can try https://o1pathways.com/ to evaluate your profile.

That's right, there's no need for the O-1 achievements to be from a specific country; the achievements just must meet the O-1 criteria and be documented wherever they occurred.

Thank you!

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

#498

Earlier quoted context omitted.

Your opinion doesn’t matter dude. Decades of jurisprudence and Supreme Court precedent has already conclusively determined that green card holders have the same rights to free speech as citizens. It would take overturning the existing Supreme Court precedent, and destroying the 1st amendment along with it, for that to go away.

You are completely wrong. Supreme Court found that aliens do not have full first amendment protection, especially around terrorism.

s/Supreme Court found/Subservient Council declared/g

Our Constitution and Bill of Rights is framed in terms of recognizing independent-existing natural inalienable rights. Citizenship is a complete red herring. The SC has been writing justifications for blatant infringement of natural rights for decades, even before the current neofascist takeover. Take the Bill of Rights as a list of test cases, run down them, and try to find one that is actually passing.

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

#499
post #487

Earlier quoted context omitted.

So are Palestinians immigrants in Israel, without a visa? Even immigrants have freedom of movement and are subject to the same laws as nationals. They are of course not illegals immigrants, because they were already there. So what are they? When it’s convenient, they are a nation that doesn’t want peace. When it’s convenient, Palestine was never a country. So what is it?

Not all of them were already there. Many immigrated there from Jordan (and to the Gaza Strip from Egypt) post 1948. In the West Bank they are former Jordanian citizens who had their citizenship revoked post 1967. Egypt never offered residents of Gaza citizenship, so I suppose they are former Ottoman Empire subjects without any new state to become citizens of. Remember that they rejected the creation of an Arab state…

Israel owes them something because they control the territory where they live. If you are fine with countries anexing territories and then discriminating people based on ethnicity, then no, they don’t owe them anything.

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

#500
post #416
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".

Apparently so.

Also the 8 year thing seems to be real, but it's 8 tax years, which means that as far as that is concerned he needs to pay.

He doesn't have nor made that much money, so he should be good.

Given how things are progressing I think he would just leave either way and don't pay anything.

The chances of that following him or extradition seem very unlikely with the bridges that the US is currently burning.

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