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

300 points proberts | 7 comments | 14 Mar 25 14:39 UTC | HN request time: 0.838s | source | bottom

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing 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 responses. Thank you!
1. abaymado ◴[14 Mar 25 16:28 UTC] No.43364209[source]▶
If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel?

Edit Additional Question - Some of us like myself, came to the U.S. as children, following our parents after being forcibly removed from our home countries by authoritarian leaders who targeted us because of our "tribe". Despite this, the current climate often unfairly associates undocumented immigrants with criminal activity. How can someone in this situation avoid being wrongfully labeled as a “criminal immigrant,” especially in the event of an ICE raid?

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2. darksaints ◴[14 Mar 25 16:55 UTC] No.43364542[source]▶
I am neither OP nor a lawyer at all, but I do have experience watching authoritarian regimes destroy a country in real-time. One of the most terrifying things to me is the breakdown in the rule of law, because you no longer have any expectations to plan against, and anything can happen.

I would never counsel against getting legal advice, because competent legal advice is going to be one of your best assets for planning every possible future outcome. But I would caution you that in this environment, you also need to plan for what to do when the legal advice can no longer predict or inform outcomes.

3. proberts ◴[14 Mar 25 19:55 UTC] No.43366575[source]▶
Sometimes there are employment-based green card paths that can help for those seeking asylum but whether going down this path would allow you to travel would depend in part on your immigration history - what your status was when you came to the U.S., when you/your parents applied for asylum, etc. If you haven't already, you should speak with an immigration attorney to look at all options, including those based on employment.
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4. nartho ◴[14 Mar 25 20:27 UTC] No.43366923[source]▶
That would be an employment visa, not green card. It can lead to a green card in some cases but it's complicated (depending on the country of origin it can take an extremely long time)
5. attentive ◴[15 Mar 25 04:49 UTC] No.43370068[source]▶
Historically, bona fide marriage with US citizen allowed the best way to legalize. I don't know if that changed recently.
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6. lazyasciiart ◴[15 Mar 25 06:05 UTC] No.43370357[source]▶
It’s unreliable and recently ICE has deported people who are attempting to legalize their status. https://www.nolo.com/legal-encyclopedia/free-books/fiance-ma...

https://www.cbsnews.com/miami/news/south-florida-ice-hsi-mig...

7. rburhum ◴[15 Mar 25 20:02 UTC] No.43374838[source]▶
were you a son of an asylee that then aged out? If so, you may want to look at the asylum “nunc pro tunc” process