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

226 points proberts | 5 comments | 05 Dec 25 16:04 UTC | HN request time: 0.438s | 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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lackstein ◴[05 Dec 25 19:59 UTC] No.46166494[source]▶
Hi Peter, thanks for the AMA!

I'm currently living in the US on TN status and am married to an American. Have you heard of anyone on TN status having difficulty applying for a green card? And do you have any sense of what the wait times currently are, particularly how long until you can get a travel authorization?

replies(2): >>46167310 #>>46167830 #
kdazzle ◴[05 Dec 25 21:47 UTC] No.46167830[source]▶
There was just an article in the NYT where ICE is arresting people at the end of their green card interviews for essentially no reason.

https://www.nytimes.com/2025/11/26/us/trump-green-card-inter...

replies(2): >>46167964 #>>46167969 #
rayiner ◴[05 Dec 25 22:02 UTC] No.46167969[source]▶
That’s misinformation. They’re being arrested because they were in the country illegally, usually overstaying a visa: https://www.newsnationnow.com/us-news/immigration/green-card...

They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.

replies(2): >>46170378 #>>46170896 #
1. kdazzle ◴[06 Dec 25 03:29 UTC] No.46170378[source]▶
I havent been through the US process in a while, but usually that is allowed if your application is processing. You just can’t leave the country.
replies(1): >>46170911 #
2. rayiner ◴[06 Dec 25 05:10 UTC] No.46170911[source]▶
No, if your visa expires you need to maintain your legal status while a PERM application is pending: https://www.alllaw.com/articles/nolo/us-immigration/maintain... (“This is especially important if and when you are waiting to apply for lawful permanent residence, commonly called a ‘green card.’ If you are in the United States without any immigration status, you are considered to be here illegally, and U.S. Citizenship and Immigration Services (USCIS) may deny your green card application for that reason alone.”).

What’s happening here is that these people were here on tourist visas or completely illegally. Then at some point they married a U.S. citizen and filed a PERM application. But that filing doesn’t protect them from deportation for their original illegal status.

replies(2): >>46171012 #>>46174543 #
3. USMCAThrowAway ◴[06 Dec 25 05:37 UTC] No.46171012[source]▶
> What’s happening here is that these people were here on tourist visas or completely illegally. Then at some point they married a U.S. citizen and filed a PERM application.

There's no PERM process in family based adjustment of status. You're confusing FB AOS with EB AOS.

4. yesb ◴[06 Dec 25 16:29 UTC] No.46174543[source]▶
PERM is for employment based green cards, not relevant here. Pending AOS for a spouse grants them legal status, including a work permit if they apply. The underlying visa doesn't matter unless the PR application is denied. You'd then be out of status if you didn't maintain a "backup" visa.
replies(1): >>46182020 #
5. rayiner ◴[07 Dec 25 14:45 UTC] No.46182020{3}[source]▶
In general, the Attorney General is prohibited from granting an AOS if you have violated the underlying visa (8 USC 1255(c)): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim... (“subsection (a) [allowing AOS] shall not be applicable to… (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa.”).

Subsection (d) allows the attorney general to grant an AOS notwithstanding subsection (c) where an immigrant enters j to a bona fide marriage during proceedings regarding their immigration status. But under subsection (a) the AOS is entirely at the “discretion” of the Attorney General.

Indeed, section 1255 doesn’t grant anyone legal status. It contains various provisions where an AOS must be denied. Then, it allows but does not require the Attorney General to grant an AOS under other circumstances.