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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

#61

Post by somanyphotons »

kjellsbells wrote: post #57
proberts wrote: post #30

Earlier quoted context omitted.

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…

(I'm not Peter)

I'd suggest also applying for a Passport Card, you can keep it in your wallet.

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

#62

Post by proberts »

dilyar85 wrote: post #52

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?

Yes, this is possible but it the petition has to be prepared the right way to avoid USCIS responding with a request for evidence saying that company C needs to go through the H-1B lottery before it can employ you.

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

#63

Post by smsm42 »

bc569a80a344f9c wrote: post #41
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…

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004). To be more specific: >> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). An…

Many don't do this because they don't feel the need. I've spent about a decade in the US as a green card holder, and the only cases I ever been asked for it is either crossing the border or being hired. And I never heard about anyone being fined (let alone going to prison) for failure to carry the green card on them. Yes, the law says that, but I don't think anybody paid much attention to that, at least until now.

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

#64

Post by testfrequency »

proberts wrote: post #56
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…

I’ll spare a new thread and just ask here as we are in the same situation (sorry OP!).

My understanding is we at least need to be in the US once every six months in order for my partner to maintain their green card status while we live abroad.

We were not aware of the reentry permit, does this avoid the requirements of needing to enter the country periodically? We are of course concerned about losing their green card status.

Lastly, how realistic is the timing in obtaining the permit? We have our move planned for next month.

Thanks you as always for these threads!

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

#65

Post by oldpersonintx2 »

hansvm wrote: post #50

Thank so much Mr. Roberts. The status quo looks dangerous in the US even for born-and-raised citizens. With ICE targeting people based on skin color, what should a citizen do to protect themselves?

[dead]

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

#67

Post by dalyons »

bc569a80a344f9c wrote: post #41
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…

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004). To be more specific: >> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). An…

Personally I don’t carry my GC, because I’m far more likely to lose it than for anyone to ever ask for it. And it’s kind of a nightmare to replace, takes awhile and you can’t travel.

To put it another way, the $100 fine is less expensive to me than the consequences of losing it.

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

#68

Post by proberts »

hansvm wrote: post #50

Thank so much Mr. Roberts. The status quo looks dangerous in the US even for born-and-raised citizens. With ICE targeting people based on skin color, what should a citizen do to protect themselves?

These are unprecedented times where green card status and even citizenship can be taken away. I think that all that one can do is to know one's rights and have the name and number of a lawyer handy who can be contacted in the event the worst happens. The ACLU has some very clear guidance regarding the rights of U.S. citizens and non-U.S. citizens when questioned or detained by ICE (or another immigration agency).

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

#69

Post by whoamii »

kwar13 wrote: post #38

Can you convince YC to have programs outside the US by any chance? It's not exactly easy getting into the USA these days and by no means a smooth experience either.

After you convince Europe to make it easier to have such programs.

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

#70

Post by KK7NIL »

vFunct wrote: post #28

Are non-US citizens banned from working on <2nm GAA technologies? What are the ITAR limits on non-US citizens from working on these tech? Can we incorporate in another country to allow hiring on non-US citizens to work on <2nm GAA technologies?

No, at Intel Foundry we have plenty of non-citizens working on sub 2 nm technology (me included).

I haven't seen any ITAR restrictions on logic nodes, only on 70+ GHz RF and adjacent work that obviously has a direct application to radar.

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