| AN
ADVISORY NOTICE FROM A LEGAL EXPERT
Performing on a visitor's
visa could lead to lifetime ban

by Atty. Michael J.
Gurfinkel
Filipino Express
MANY entertainers are under
the mistaken belief that its OK to enter the U.S. (or Guam)
and perform on a visitors visa. That is not the case. In fact, the
Foreign Affairs Manual (which is the Bible of the Embassy on
immigration laws) specifically states: B visa status is not appropriate
for a member of the entertainment profession (professional entertainer) who
seeks to enter the United States temporarily to perform services.
If you are coming to the
U.S. to perform, you must get an entertainer (O or P)
visa. If you perform on a visitors visa, you are violating your
visitors status. If you represent to the Immigration Officer at the
airport that you are only visiting, but you are actually intending
to perform, you are committing fraud, which could possibly result in your
visitor visa being cancelled, and your being barred for life from the U.S.
Many entertainers are approached
or recruited by small-time U.S. producers, who simply do not want to go through
the trouble or expense of obtaining entertainer visas. Indeed, obtaining
an entertainer visa is time-consuming, and can cost thousands of dollars
in filing fees alone. So, these producers, looking to cut corners and save
money, assure the performers that it is OK to perform on a
visitors visa.
Other unscrupulous small-time
producers may tell the entertainer to enter the U.S. on a visitors
visa and bring along a minus-one, (a CD with music only, similar
to a karaoke soundtrack). The entertainer would then come to the producers
nightclub, restaurant, or other business establishment and sit in the audience.
The producer will then acknowledge the performer, and ask for them to just
come on stage and sing a few songs to please their adoring fans. The star
is supposed to pretend that he or she is surprised, and reluctantly goes
on stage, singing to their minus-one soundtrack.
In other situations, the
entertainer may already have an entertainer visa with one producer for a
specific event. However, a different producer approaches the entertainer,
offering them money to come to the other producers nightclub or restaurant
and perform on the side, or freelance. In the meantime,
the second producer (who never petitioned the entertainer) is putting out
newspaper ads and flyers promoting the performance, and selling tickets for
the event.
Rest assured, the Embassy
and Department of Homeland Security will find out, either from the
producers jealous competitors, or from word of mouth. So, when you
arrive in the US and tell the Immigration Officer youre just
visiting, Immigration may already have a flyer of your concert at the
inspection booth. Your visa will be cancelled and you will be sent right
back to the Philippines. If not caught on this trip, it may be the next time
you travel to the U.S. or when applying for another visa.
Remember, if you, as an
entertainer, are caught by the Embassy or Department of Homeland Security,
it is you who will suffer the consequences, not necessarily the producer.
The producer may simply abandon you and look for the next talent to book.
You are then left with a cancelled visitors visa, blacklisted, and
perhaps forever barred from coming to the U.S.
Simply put, if a producer
does not want to obtain an entertainer visa for you, you are taking a big
chance with your own career and future, if you use your visitors visa
to perform. Is it really worth it for the small talent fee being offered?
Michael J. Gurfinkel has
been an attorney for over 25 years, and is an active member of the State
Bar of California and New York, as well as the American Immigration Lawyers
Association and the Immigration Section of the Los Angeles County Bar
Association. He has always excelled in school:Valedictorian in High School;
Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law
School, which is one of the top law schools in California.
WEBSITE:
http://www.gurfinkel.com/
This is for informational
purposes only, and reflects the firms opinions and views on general
issues. Each case is different and results may depend on the facts of a
particular case. All immigration services are provided by an active member
of the State Bar of California and/or by a person under the supervision of
an active member of the State Bar. No prediction, warranty or guarantee can
be made about the results of any case. Should you need or want legal advice,
you should consult with and retain counsel of your own choice.) |