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

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

#51

Post by zacqu » Fri, Jul 18, 2025, 4:32 PM UTC

Hi Mr. Roberts, Thank you for doing this.

I was adopted as a child by my uncle in my home country, where record-keeping is poor. As a result, all my official documents, including my birth certificate, list my uncle and aunt as my parents. I used this documentation when I obtained U.S. citizenship. I now want to petition for my biological parents to immigrate to the U.S. My uncle still lives in my home country and has never received any immigration benefits from me. Is it possible to petition for my biological parents under these circumstances, and how complex would the process be?

Also, could you recommend a reputable immigration attorney in Washington State or the West Coast?

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

#52

Post by dilyar85 » Fri, Jul 18, 2025, 4:33 PM UTC

Thanks for being here and taking the time to answer questions.

I’m currently on an L1B visa with company A. I have an approved H1B (consular processing, not yet activated) for company B. If I get an offer from company C, is it possible to switch directly from L1B to H1B with company C while staying in the U.S.? In other words, can company C file a change of status to activate the H1B?

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

#53

Post by proberts » Fri, Jul 18, 2025, 4:33 PM UTC

rsstack wrote: post #49

My time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer? Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my c…

Your impending marriage doesn't change the answer and the answer is that naturalization applications are very easy and don't require the assistance of a lawyer unless there's an issue, specifically, a criminal record, a history of immigration violations/non-compliance, or extended absences (more than 6 months) from the U.S. while a green card holder.

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

#54

Post by admissionsguy » Fri, Jul 18, 2025, 4:37 PM UTC

proberts wrote: post #31

piker wrote: post #21

Thanks so much Peter - how do non-US people typically work in SF during YC? I am a US citizen but have a few non-US citizen friends who might join if accepted.

A distinction must be drawn between working during a startup program, which requires a work visa, and attending the program and not working. For the latter, there are several options, including, most commonly, the B-1 visa/status.

Out of curiosity, what percentage of YC founders just go to the office hours and dinner and not work for the duration of the program? Is this encouraged?

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

#55

Post by turtle_samurai » Fri, Jul 18, 2025, 4:37 PM UTC

Hi Peter, when i went to Hacker news this morning and saw this post i thought, that's a bit unusual, an attorney??, so i think its cool that an immigration attorney visits channels like this. Anyways, me and my soon to be wife (we get married next Friday) have consulted an immigration lawyer regarding my status, i overstayed my tourist visa, so now im out of status, the lawyer mentioned that i have a pretty good chance to adjust my status since i came here legally and i don't have any felonies or anything bad on my record, however my concern is this, should we and my future wife wait a bit longer to apply for this change of status until we have more hard evidence? we live together and have a joint bank account, in which i deposit a certain amount each month so she can pay bills etc, thing is she is not regularly using the card, she just uses a big portion on the rent or she just transfers it to her personal, we will also get our phone and car insurance bills together, we have joint Costco membership too, what other evidence do you recommend we should work on or is there a resource online i can use as a guide to build an excellent case? thank you!!

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

#56

Post by proberts » Fri, Jul 18, 2025, 4:37 PM UTC

codybontecou wrote: post #48

Hey Mr. Roberts! I'm a US citizen and my wife has a green card. We like to travel extensively, but feel limited by the need to be in the US for at least 6 months out of the year. In an ideal world, we could get a digital nomad visa in Portugal and my wife and I could live and work there while we wait out some of the chaos that seems to be occurring in the US. But, we're not sure if we can live/work in Europe while si…

There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you decide to move to Portugal for a period of time, for example, you should consult an attorney but the solution to protect your green card status (for at least 5 years) is to get a document called a reentry permit, which is easy to get.

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

#57

Post by kjellsbells » Fri, Jul 18, 2025, 4:37 PM UTC

proberts wrote: post #30

unhappy_meaning wrote: post #26

Hello Mr. Roberts, Thank you for doing this, as you know we've probably have seen some crazy news articles and segments of ICE agents arresting people all over the U.S. with some for good and some for wrong reasons. What is your advice or best practice for someone who is "wrongfully" approached by ICE agents but has legal status to be in the U.S.? (whether work visa or green card) I've read that someone should carry…

The best defense so to speak is to carry evidence of your status whether that's a green card or foreign passport and I-94 admission record, to have the number of a local immigration attorney whom you can call if you need to, and to be aware of one's rights. The ACLU has a good discussion of these rights: https://www.aclu.org/know-your-rights/immigrants-rights .

What would you recommend for foreign born US citizens worried about being approached by ICE? What are the basic ground rules for interacting?

For example, some of us here look very much like we didnt grow up in an Iowa cornfield and have genuine concern that one negative interaction is going to result in being roughed up by untrained ICE agents at best and tossed into jail or worse.

Do we just get used to the idea of carrying our passport at all times? Is an ICE agent authorized to demand it and take it from us "for checking", say?

Bar two pieces of fragile paper - a passport and a naturalization certificate - it's not obvious that a citizen is a citizen.

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

#58

Post by admissionsguy » Fri, Jul 18, 2025, 4:38 PM UTC

ttul wrote: post #22

proberts wrote: post #5

Earlier quoted context omitted.

U.S. work authorization isn't required to work for a U.S. company if the worker will be working remotely outside the U.S. Regarding her work visa options, they are limited. The only option immediately available is the O-1 visa, which is for people of "extraordinary ability," a high standard but attainable by many talented professionals. The H-1B "professional worker" visa is much easier to qualify for but it's only a…

The O-1 can cost upwards of $100K to put together. It’s a very high bar.

I am assuming this includes manufacturing the evidence?

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

#59

Post by rsstack » Fri, Jul 18, 2025, 4:39 PM UTC

proberts wrote: post #53

rsstack wrote: post #49

My time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer? Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my c…

Your impending marriage doesn't change the answer and the answer is that naturalization applications are very easy and don't require the assistance of a lawyer unless there's an issue, specifically, a criminal record, a history of immigration violations/non-compliance, or extended absences (more than 6 months) from the U.S. while a green card holder.

Thank you! Luckily none of those issues apply :)

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

#60

Post by proberts » Fri, Jul 18, 2025, 4:39 PM UTC

zacqu wrote: post #51

Hi Mr. Roberts, Thank you for doing this. I was adopted as a child by my uncle in my home country, where record-keeping is poor. As a result, all my official documents, including my birth certificate, list my uncle and aunt as my parents. I used this documentation when I obtained U.S. citizenship. I now want to petition for my biological parents to immigrate to the U.S. My uncle still lives in my home country and has…

This is a very interesting question but too complex to answer in writing. Please email me and I can share the names of good immigration attorneys near you.