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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

#81
post #22

Do L1B visa holders have reasonable chance of getting compelling circumstances EAD if their visa date isn't current for EB-3? I'm wondering if I should suggest that option for HR when they file the I-140 (or after if it's approved, whatever the process is).

USCIS rarely issues I-140 EADs based on compelling circumstances unless there are government/national interests at stake or significant humanitarian issues.

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

#83
Hi Peter, thank you for this AMA. I've been a green card holder for 1 year as the result of working for big tech in the US, originally via getting a L1-B 3.5 years ago. I'm planning on moving back to my home country in Europe permanently. Is there any way I can keep my green card or at least keep it for longer in case I start a startup in Europe and want to also have a US presence? I'm a Portuguese citizen.

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

#84

As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.

The standard for employment-based permanent residency (green card) is extraordinarily high. As in, would likely place you in the top 1-5% of the most successful people in the country. That, or you have to invest $800k and create 10 jobs. No other country in the world requires foreigners to be significantly more qualified than its own population. You can move to France with a regular paying job no problem or just a fe…

classic case of supply and demand

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

#85

Thanks for the AMA. Recent change to H1B allow organizations that conduct research "as a fundamental activity" to be eligible for cap exemption status. Can you kindly share your opinion on this? Do the startups you work with fit this criteria?

I don't think this has really expanded the organizations that qualify legally for cap exempt status (we essentially argued this before) but rather signifies a greater openness/flexibility on the part of USCIS to approve organizations as cap exempt organizations. Query, however, whether this openness/flexibility will continue.

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

#86
post #51

Earlier quoted context omitted.

If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.

If we discard rule of law and due process for anyone, it is threatened for everyone . They're defying courts, they're not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.

If you you are illegally in just about any country, being there without authorization is basis for deportation. No one is being denied due process. Moreover, you can be denied entry at ports of entry to any country for any reason by customs officials -even with a valid visa. They do not need to offer "due process."

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

#87

Hi Peter! Thank you for this!! A while back, ~10 months, I was rejected from a B1 visa in the US. However, I have now secured admission from Stanford and would need to apply for an F1 visa. What can I do to make my case strong and ensure that the previous visa application does not affect my current F1 process?

Unless there was a finding of fraud or misrepresentation, the previous denial shouldn't impact your F-1 visa application; the requirements/standards are different. That being said, because so much is at stake for you, I would recommend that you get an attorney involved. It should just involve one or two consultations so the cost shouldn't be much.

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

#88
post #10

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

There's no question that it's tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians are unique because they are visa exempt and CBP feels particularly emboldened to reassess their admissibility every time they enter. The keys are to avoid bad pre-clearance offices and land…

I was thinking just for folks going down regularly on a B1, do you think it's worth having a copy of your lease or rental agreement in Canada or something similar? It seems most of the stuff I was seeing is about Canadians establishing roots using a B1.

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

#89
post #12

Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?

Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs.

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

#90
post #71
post #40

Earlier quoted context omitted.

And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.

One was a Venezuelan soccer player (Jerce Reyes Barrios) who was accused of being a a gang member because he had a tattoo ... inspired by his favorite soccer team.

Yeah, Venezuela, his own country didn't want to take him back.
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