I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
45 proberts 51 5/16/2025, 3:05:32 PM
I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.
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.
One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.
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?
What about existing visas?
I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.
Hence I am wondering if switching jobs could potentially help here.
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?
Enjoy.
Short FAQ:
https://www.aclu.org/know-your-rights/what-do-when-encounter...
Dedicated article:
https://www.aclu.org/news/privacy-technology/can-border-agen...
Wipe and dump burners before flight home.
Edit: Typo
How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.
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)?
qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay?
I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.
* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards.
* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.
* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF.
* The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.
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?
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.
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What is the best option i have? Is E2 an option?
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?
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)?
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On average, min and max - how many H1Bs do a Seed/Series A,B startups have?
From your experience.
Thank you for your time, Naren