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

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0s | source

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!
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timtamboy63 ◴[14 Mar 25 16:30 UTC] No.43364232[source]▶
Hi Peter - thanks for doing this.

I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions:

* The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's not an issue as long as I wait 90 days after getting the E3 to apply for the green card. Does that sound right / any concerns?

* How long are you seeing current wait times for the marriage based green card end to end after applying? I'm mostly concerned about not being able to leave the country for 1-2 years (even with filing advanced parole)

* I'm also going for the employment based green card and we've filed my PERM (3 months ago). That doesn't really seem like it;s going to work out in time for it to matter. Does that sound right?

replies(1): >>43366720 #
1. proberts ◴[14 Mar 25 20:09 UTC] No.43366720[source]▶
My responses in order: 1. The safest advice is to wait at least 90 days after entering the U.S. before applying for a green card; however, applying for an E-3 visa after getting married to a U.S. citizen involves some risk. If you are in the U.S. and just changing your status to E-3 from H-1B (and not applying for an E-3 visa), then you really don't have to wait the 90 days. 2. Until January 20th, less than 6 months typically although there was variation depending on place of residence. It appears, however, that USCIS is bringing back the in-person interview as part of the marriage-based green card application process and this will slow the process down considerably to what it was before, which was one to two years. 3. Absolutely; the marriage-based route should be much faster.