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

183 points proberts | 7 comments | 17 Oct 24 16:01 UTC | HN request time: 0.42s | source | bottom

I'll be here for the few hours and then again at around 1 pm PST for another few hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my answers. Thanks!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

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eapotapov ◴[17 Oct 24 17:16 UTC] No.41871569[source]▶
Many Russian citizens who have moved out of Russia are currently being denied B1/B2 visas, regardless of their prior history or any proof of ties to their current country of residence. The rejection rate is around 60%, and I am among those affected under 214(b), despite having held five B1/B2 visas before, with no visa overstays or other issues.

I don't plan to move to the US, but my startup operates in the US market, and it would be beneficial if I could meet customers and investors in person.

I plan to apply again next spring (a year after the denial), and if I’m unsuccessful, I’m considering applying for an O1 visa to be able to visit the US, although I have no intention of staying long-term. Do you think this is a good idea? I’m concerned that after the O1 visa expires, my only option to return might be to apply for another work visa or O1 visa.

replies(1): >>41871659 #
1. proberts ◴[17 Oct 24 17:26 UTC] No.41871659[source]▶
What you write is incorrect. Even worse, arguably, is that applications by Russian citizens sometimes just end up in a black hole and never get reviewed. Unfortunately, while applying for an O-1 visa can be a solution, this isn't always the case and O-1 visa applications also can end up in a black hole. In other words, there are no easy solutions for Russian citizens unless they are seeking to travel to the U.S. on government business or possibly seeking to travel to the U.S. to create jobs. But the background security check/security concerns can undermine just about any application unless the Executive branch/State Department is involved and is specifically supporting the visa application.
replies(3): >>41871846 #>>41871884 #>>41872680 #
2. eapotapov ◴[17 Oct 24 17:45 UTC] No.41871846[source]▶
Well, that's life. Thank you so much—at least now I know my chances.
3. alkh ◴[17 Oct 24 17:49 UTC] No.41871884[source]▶
Just to chime in, what's the situation with getting an H1B visa for a Russian Citizen? Are there similar issues or is it still possible to get one?
replies(1): >>41872299 #
4. proberts ◴[17 Oct 24 18:28 UTC] No.41872299[source]▶
Similar issues because the background check is the same regardless of the visa being applied for. Again, if you re already in the U.S. and seeking to change your status to H-1B or O-1, this isn't an issue.
5. maskerinze ◴[17 Oct 24 18:59 UTC] No.41872680[source]▶
My B1/B2 visa application has been in administrative processing (221g) for over 8 months. I assume the security checks are in place. Russian citizen, multiple US visits in 15 years. Last time it took 2 months to issue visa. If I seek to travel to the U.S. to create jobs (I own a US company), what visa option should I pursue to maximize my chances of getting approved?
replies(1): >>41874227 #
6. eapotapov ◴[17 Oct 24 21:57 UTC] No.41874227[source]▶
I don't know if it's good or bad news for you, but at least you're pretty lucky to have reached this stage—the majority just get rejected.

From what I know, some people have received their visas after 12-16 months of processing. It will most likely be valid for only one year, though. Eight months is pretty early to expect anything at this point.

Here’s a Serbian-Russian expats visa Telegram group where there’s a US section. You can ask people there about their processing times: https://t.me/serbia_visas_chat

Again, I’d say you’ve had some luck!

replies(1): >>41874702 #
7. maskerinze ◴[17 Oct 24 23:05 UTC] No.41874702{3}[source]▶
Thanks for the link!