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

1 month ago 4

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?

Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht...

For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.

At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.

Thanks for doing the AMA!

I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport.

I don't have a certificate of citizenship, only a US passport. Given the way the US is going, I'm concerned that one day I'm going to apply renew my passport or otherwise have to prove my citizenship, and I'm not going to be able to sufficiently document it. Is this a real risk? Would you advise applying for a CoC in my circumstances? Am I even eligible to apply for one given that I live abroad? What other steps if any should I take to protect my status?

If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal?

What about existing visas?

Hi Peter, thanks for doing this AMA.

I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?

Not legal advice but I'm a US citizen and when I've refused to answer their intrusive questions the worst that has happened to me is they imprisoned me, stripped me naked and searched me, got a fraudulent warrant for an internal body search, and then sent me the bill after dumping me at the border when they found nothing.

Enjoy.

For me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm reviewing applications and responding to emails from staff and clients. It sounds pretty mundane but despite the stresses of the job and the challenges associated with the new administration, I still really enjoy what I do because I have a wonderful team and I get to interact with really smart people doing super interesting things and help them realize their dream of living and working in the U.S.

I’m sure each case is unique, but there must be a lot of similar situations and repeat issues.

How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.

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).

Thanks for this Peter!

I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan)

What are my options if I was laid off/company went under/perm cert rejected?

How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over a year, but I'm seeing some indications that this might improve.

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 am currently a durch citizen. I'm also a founder of a startup that has raised around 2.5 million USD. The company is delaware based.

What is the best option i have? Is E2 an option?

How common is it for pre-Series A startups to sponsor H1Bs? What's the process like for EB2 on the PERM route, and how difficult is it to be successful in that process?

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?

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?

Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager.

TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.

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.

Not yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearly all our filings are still getting approved.

Does being "busted" by Customs (i.e. carrying some items that should be declared, but going, and being pulled of from "Nothing to declare" lane) affects admission to the US at all?

I was let go with just a warning for my "offense", but still the customs officer took my passport and make some note in the system. Should I expect secondary inspection next time I cross the border?

Yes, you probably will be pulled into secondary again but you should be able to get this cleared up in connection with future travel by filing a "complaint" with DHSTRIP. But you should only submit a complaint if and when it happens again; you shouldn't submit one preemptively now.

Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(

hi Peter!

how long does 221(g) administrative processing take to complete in your experience? anything one can do besides waiting (Russian citizen working in tech, almost 1yr without adjustments)?

Expedites are available for all USCIS filings and while it's worth it to request it here, your reason isn't like to meet the expedite requirements, which are listed on the USCIS website.

If you were an immigrant with legal status who lives in the US, would you feel OK traveling? What precautions would you take, what information would you memorize?

Don’t you have to be guilty of a crime to be sent down there?

For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.

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.

You can get sent there by your affiliation. You don’t have to necessarily commit a crime. And all the administration has to do is make an accident and send you to the wrong place.

The vast majority are being sent to nearby countries as well.

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.

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