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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

#51
post #49

Earlier quoted context omitted.

CBP actually made me give them my facebook password when entering on a J1 visa in 2017, so I'm surprised to hear so much talk about this. Is it more that the practice of checking social media is more widespread now?

I think the only bit that surprises me is they don't have a back door into Facebook.

Why waste the backdoor on routine screening?

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

#52

Hi Peter, thanks for the AMA! I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.

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

#54

A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, up…

Yes, if the activity occurs while you are outside U.S., then you can get paid for it without having to have U.S. work authorization to do it. So, yes, recording an album while outside is fine but it becomes a little more complicated if you are now getting paid for downloads while you are in the U.S.

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

#55

Hi Peter, thanks for the AMA! I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.

[flagged]

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

#56

Someone studied in the US under a F1 visa and a scholarship. No other substantial income other than that. This person while in the U.S. had to file tax forms, although there was no tax to be paid because this person had no income outside the scholarships. The student finished the studies in, say, October last year and then left the country for his home country. The student graduated and does not intend to return to t…

Yes, unresolved tax issues can cause U.S. immigration problems.

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

#58

Hi Peter, thanks as always. It seems that i-131 Reentry Permit processing times are greater than 12 months these days. If an i-131 is pending, would you advise that person to return briefly to USA before their 1 year date of exit (ensuring that they are never out of USA for greater than 1 year prior to approved i-131)? Or does a reentry permit allow them to remain out of country for longer than that even if pending (…

If the RP application ultimately gets approved, then it would "protect" that absence of one year that occurred before the issuance of the RP (although the RP validity period will start when it's approved not when it was filed). The reason to still reenter before you are outside for one year has to do with qualifying for naturalization rather than maintaining green card status.

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

#59

Suppose you could wave a magic wand and change US immigration law in any way you like. What changes would you make?

Good question. There's so much I would change. I'll give this some thought and respond later today.

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

#60

A question about TN status for a Canadian living in the US. There are some income-generating things I'd like to do outside of my work visa (play a music gig, upload music to Spotify, act in a movie). My understanding is that I can't do these things in the US. Am I able to do these things if I do them outside of the country, or is there any way to make them work? For example, if I went to Canada, recorded an album, up…

I think a related but separate question would be "Can I do these things if the proceeds are going directly to charity instead of to me?"

I suspect it would be important that any funds never reached you, so you couldn't simply receive money then donate that amount. Playing a charity gig where the receipts go directly to the charity would likely be fine, streaming/Spotify revenue I don't know, acting in a movie might be out of the question if it's being professionally shot because the producer might have insurance or other requirements that only paid performers and crew can be on set, etc.

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