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

Hi Mr. Roberts, Thank you for doing this.

I was adopted as a child by my uncle in my home country, where record-keeping is poor. As a result, all my official documents, including my birth certificate, list my uncle and aunt as my parents. I used this documentation when I obtained U.S. citizenship. I now want to petition for my biological parents to immigrate to the U.S. My uncle still lives in my home country and has never received any immigration benefits from me. Is it possible to petition for my biological parents under these circumstances, and how complex would the process be?

Also, could you recommend a reputable immigration attorney in Washington State or the West Coast?

I'm graduating from my PhD and starting a FAANG research role. I'm Australian and about to start in F-1 OPT status.

I am interested in an EB-1 or EB-2 (possibly NIW) visa, but am concerned about a long period where I can't travel (aka re-enter).

What's the practical difference between E-3 and F-1 OPT (with STEM extension) in my case? Is it easy to switch from F-1 to E-3 at the same role?

What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field?

I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

Hi Peter! Thank you for doing this. Are you seeing any issues/concerns with Green Card holders traveling internationally and returning to the US in the past few months?

Hi Peter,

Thanks for hosting this AMA. I’ve an immigration issue related to status transition. So I came to the U.S on an F-1 visa about 6 years ago. However, during the course of my undergraduate study, I found out that I qualified for TPS. So I applied and received it. Afterwards, I decided to take a leave of abscence from school to work on a startup because TPS allows me to. I was also made to change my status from F1 to TPS. And my I-20 status period expired a few months after I took the leave at the beginning of 2024.

Owing to the recent TPS terminations of various countries, I’m afraid that my TPS will be terminated once it’s up for review in a few months. My question regards transistioning back to F1 status. I’m wondering if I can change status back from TPS to F1 without having to leave the country. This is because a visa ban is currently in place for the country for which I hold TPS. As such I can’t risk traveling outside the country as I won’t be able to get back in because of the visa ban. Btw the ban anpplies to all visa categories including F1 and O1.

Thanks!

Hi Peter, when i went to Hacker news this morning and saw this post i thought, that's a bit unusual, an attorney??, so i think its cool that an immigration attorney visits channels like this. Anyways, me and my soon to be wife (we get married next Friday) have consulted an immigration lawyer regarding my status, i overstayed my tourist visa, so now im out of status, the lawyer mentioned that i have a pretty good chance to adjust my status since i came here legally and i don't have any felonies or anything bad on my record, however my concern is this, should we and my future wife wait a bit longer to apply for this change of status until we have more hard evidence? we live together and have a joint bank account, in which i deposit a certain amount each month so she can pay bills etc, thing is she is not regularly using the card, she just uses a big portion on the rent or she just transfers it to her personal, we will also get our phone and car insurance bills together, we have joint Costco membership too, what other evidence do you recommend we should work on or is there a resource online i can use as a guide to build an excellent case? thank you!!

Hey Peter,

I'm still waiting for my family based GC to be approved. It was applied for in March 2023.

I've tried contacting my senators to see if it can be expedited but USCIS replied to say that it's still within "normal processing times" and that there is not yet an immigrant number available as my priority date is not earlier than the final action date.

I've been keeping a close eye on the USCIS Visa Bulletin final action dates and have noticed that they don't always move forward each month. I.e. there has been no change between July and August: https://travel.state.gov/content/travel/en/legal/visa-law0/v...

Is this normal? Or due to the current administration?

I will be taking a short break. Please keep the interesting questions and comments coming. Thanks.

Since it was coincidentally posted as a news thread today, it might be nice to clarify here when the new $250 nonimmigrant visa fee takes effect and who it applies to?

Thanks so much Peter - how do non-US people typically work in SF during YC?

I am a US citizen but have a few non-US citizen friends who might join if accepted.

I have a question for a friend who is looking to work at US-based companies either remotely and is open to relocating and moving there if required, but she is from the UK and a citizen there who just left her job as a software engineer at a startup in the UK recently.

She is looking to be able to legally work for some of these US based companies and is also interested in US startups but when applying she cannot answer the US authorization question in the application (If she said 'No' it will get her an immediate rejection). So my question(s) are:

What is the best visa for her to apply for as a UK citizen to work for a US company?

How long will it take for her to get the visa so she can apply for US jobs?

If you want to get a visitor visa to attend an incubator like YC, is it better to:

1) wait to be admitted into YC and get B1 visa for 3 months. Do you get some kind of invitation letter from YC that increases your chances of approval?

2) get a normal tourist visa now and specify you will go to the US for a week or two like a normal tourist and later use that to go to incubator training.

I have a g-4 visa as a dependent and I'm afraid that many startups won't be seeing my EAD as a competitive candidate for employment.

What do you think about this kind of employment and is there a fast way to earn a green card in my situation?

Hi Peter, thank you for doing this on a regular basis!

In the event of a company-sponsored EB1A with an approved I140 but with an I485 pending for less than 180 days, is it possible for the company to rescind the approval? Or does the approval belong to me even though it is company-sponsored?

If the approval can be rescinded, could I lose my priority date and my I485 as well?

A bit "off topic" but this is called AMA, so why not:

To which degree do you see your own profession (law practice) changing with AI? As an outsider it looks like most of the legwork, research work or basically anything a non-senior attorney would spend their time on could soon be done by LLMs. How accurate is that impression? What future do you envision for law-related professions?

Hi Peter!

There's a lot of confusion and uncertainty around a June policy update regarding TN visa (some related links in https://www.reddit.com/r/tnvisa/comments/1lerikw/nonengineer...). At least one big tech (my personal anecdote that I don't feel comfortable sharing) temporarily paused new TN applications for software engineers with a CS degree, citing this change.

This seems to have always been a fuzzy area on paper, and some people in this category apparently still got their TN in the past month after this change. Is this a material change in your mind? If so, how are employers responding to it?

Is it legal to rehearse or practice how to interact with border guards?

I don’t need to explain why someone could be deeply anxious interacting with US border officials… it should be obvious to anyone with half a brain. And since looking anxious is a sign that you could be concealing things, thus drawing more attention from border officials… Coaching on how to handle an experience and avoid that anxious spiral and minimise the risk for such travellers… But I’m curious if this is legal. Or if it is legal, would it be construed as evidence of intent to deceive should a traveler do this and wind up being investigated in such a way that it turns up that they have undertaken such practice?

I’m British working in the US on an E2 visa (as an essential employee). How would you approach getting a green card? My employer is willing to support me in this.

It seems the lawyers suggested going for an EB2, but that looks set to take 3-4 years. Is there anything you’d recommend?

Thanks!

Hi Mr. Roberts,

How hard/slow is it for an American citizen to bring their non-American wife over these days? My friend is a dual citizen considering taking a job in the USA but he's a little concerned about whether his non-American wife and kid could join him. She has a B1/B2 visa already. Is there some strategy to it? I heard the process is super backed up.

As a Canadian on an L-1B visa, approaching the 3-year mark and an upcoming renewal, is it recommended to process it within the US or travel outside and re-enter for the processing at the border?

Thanks for helping community Peter!

How does USCIS look to someone who is applying O1 visa directly from F1 (no opt/cpt). I have raised some VC money and have number of extraordinary achivements in the past.

Hi Peter! Heard your name from a couple of friends who have gotten their visas from you! Nice to see you here.

What kind of travel restrictions apply for someone on an O-1 visa (potentially looking to file for EB-1A)? Is there a recommended minimum period of stay in the US?

The sex designation on my birth certificate has changed since the last time I got a work visa. Am I at risk for trying to enter the US on a new work visa as an engineer, or on personal travel?

https://www.erininthemorning.com/p/marco-rubio-may-have-just...

My time to apply for citizenship based on my EB green card is approaching (4 years and 9 months, right?). Is it still advised for employment-based cases without children to file the N-400 without a lawyer?

Additionally - I will be getting married, to a US citizen, after filing the N-400 but likely before it will be approved or before the oath ceremony. Does that change the answer? In theory, she's not benefiting my case and not benefiting from my case, but I'm not sure if USCIS has a different opinion.

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 simultaneously fulfilling the green card requirements. Do you know if there's an exception for cases like this?

Hi Peter, thanks for doing this.

For myself as a UK citizen, what are the most realistic options for obtaining a visa to work in the US? The H1B is the main one I'm familiar with, but with the lottery and the one year application cycle it doesn't seem an easy route. The other option I'm aware of is the L1, do you know how realistic it is to obtain one of those? I don't currently work for a multinational company but would look to move jobs if an L1 visa was a possibility.

Are there any other realistic routes available?

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?

Hi Peter, thanks for doing this. Wife and I are both Canadians. Wife is on a H1B and I'm on TN - separate employers. My 9089 is being reviewed, while she is on labor market test. What is the best path forward to getting GC for the both of us while working? Should we keep going forward with this setup and whoever can file for I-485, add the spouse to beneficiary?

Has YC rejected applicant because of possible visa issues due to country of origin because of travel bans? Should those still apply for YC?

I'm Australian and have always wondered about how easy it is to get an E-3 visa. What does it take from the sponsoring companies side to actually do it and get me over there?

Thank you for doing this Peter!

I am Australian, working in tech using an E-3 visa in the Bay Area.

My wife is considering moving forward with an EB-2 NIW application, she is currently in F1 OPT. She doesn't have a very strong profile currently, but is willing to work on it.

I am concerned that this might complicate me being able to renew the E-3 in the future. My understanding is that an approved or even denied I-140 from a spouse potentially signals immigrant intent for both, and it is at the discretion of the CBP agent to make this assessment.

More generally my understanding is that even if her I-140 was approved, and we stayed in the US until the I-485 was filed, that would permanently make me not eligible for any future E-3.

Is this accurate?

I previously was thinking of following the E-3 -> EB-3 -> GC route myself, but I don't see how I can do this if I'm sacrificing the E-3 if anything goes wrong.

Hi there, love your little series. Are you seeing any clients face deportation while possessing greencards? If so, can you share some context as to why and what recourse they have?

Hi Peter,

Asking for someone else: is the NIW category still backlogged? If the goal is to get a green card within the STEM-OPT extension timeline of 2 years, for someone who has very high achievements that fit either NIW or EB1A categories, which of these is likely a better option? I'm hearing some rumors that NIW can happen faster these days.

Thanks!

Hi there, I'm working in the UK on a work visa. I previously applied for a US position at Fermilab and NASA ADS. Although, I didn't get the position I was told the H-1B visa process for these positions was much simpler (not through lottery) as they fall under a special category.

Can you advise other what other sectors offer these privileges? Also, if I get the H-1B through this process, am I allowed to switch to a different employer in the future?

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?

I’m a midlife career changer about to start law school at 45 after 20 years in tech, and right now I am trying to figure out if criminal defense or immigration is the field I want to pursue since I have relatively equal passion for each but neither keeps me up at night so to speak. What would you say I should be thinking about to reach answers that I am more likely to be happy with in terms of the choices that will determine the major contours of my career as an attorney? Or am I asking the wrong question and should instead be asking something else entirely?

Hi Peter, I wanted to know what all options are available other than H1B after F1 OPT visa expires to continue working in United States?

I'm on a L1B and my labor market test just failed for the PERM process.

I found my job ad on LinkedIn and it had over 300 applications within a few days of going live.

I have a suspicion that due to the ATS we use for our company it showed the job application on many different channels unnecessarily.

What do you suggest I do next?

Thank you for the great questions and comments. I will be taking a brief break and will return shortly.

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 their green card with them or if they have some sort of REAL ID mark on their drivers license it may help.

Thank you again for doing this!

Hello! I may not be as knowledgeable about immigration as previous speakers, but could you provide me with a bullet-point list of the latest legal requirements? I’d like some guidance as someone currently outside the U.S. who wants to work in your country. Thanks.

Hi Peter, My H-1B status is set to expire in November of this year, marking the end of my 6-year limit. My NIW (EB-2) petition is currently under review. In the event that my NIW is approved after my H-1B has expired, would my employer still be able to file for an H-1B extension on my behalf?

Hi Peter, I'm from Europe and currently in the US on a B2 visa (I’ve traveled frequently between the US and Europe over the past year, so we chose B2 over ESTA to be safe). I’m preparing my O-1 case to legally work on my startup here. I would love to participate in an accelerator here. This would also strengthen my application for the membership/awards criteria but I am not sure if I am even legally allowed to participate in these programs (e.g. YC) on a B2 before officially having the O-1? Thank you!

Hello, a friend of mine is a strong systems programmer from Poland but has not graduated from college. Is he basically unable to get a work visa for the US?

Would licensed lawyers' monopoly on the right to give legal advice in the US survive a First Amendment challenge if it ever reached the Supreme Court?

Hi Peter - do you have any specific thoughts for people posting about immigration scenarios here, to help keep themselves safe? Given that it was recently revealed that ICE is monitoring these comments.[0][1]

[0] https://www.404media.co/the-200-sites-an-ice-surveillance-co...

[1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...

If someone is coming from China or India and is equally interested in working in Canada or the US, which way would you point them?

Hi Peter, Thank you for taking your time to do this.

I currently hold J-1 research scholar visa. I would like to better understand what visa options I have after my J-1 ends. I am considering applying for O-1 but I need a professional advice on that. Can you recommend any immigration lawyers that can help me with that?

What's the fastest timeline to get green card under EB-3? What things does the employer company does that could speed things up like batch process, generic existing applicable job posting?

Have O1 visa approvals slowed under the current administration, and what steps can individuals take to address this?