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

226 points proberts | 1 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration 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 do the same in my answers!

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

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clumsydude ◴[05 Dec 25 17:07 UTC] No.46164089[source]▶
In October, the state department introduced a new policy:

> Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence

> Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.

What sort of proof is required to demonstrate residence? What about cases where an applicant legally has residency in a particular country (e.g. PR card or work visa) but in practice lives in the US as an H-1B/TN/L-1/O-1/etc. worker or H-4/TD/L-2/O-3/etc. dependant? Especially for the dual intent visas?

replies(1): >>46166275 #
1. proberts ◴[05 Dec 25 19:41 UTC] No.46166275[source]▶
There's a lot of uncertainty here and the outcome will depend in part on the interpretation by the particular Consulate but my general understanding is that applying in a country where you hold permanent status but where you are not currently living would be risky.