Tuesday, June 8, 2010

Consular Processing Procedures

Artwork by Jaime Vasquez. - http://www.jaimevq.com/

Now that you’ve gotten your artist visa approved by Immigration, it’s time for  processing at a U.S. Consulate!

First word of advice: Use the U.S. Consulate in the country where you actually live. This would be where your last apartment or home is located.

There is also a provision in the law permitting you to go to any U.S. Consulate -- that will have you.

Whatever you do, consult with your attorney before you go to be sure you have the 2 required forms filled out correctly, two passport photos, a full copy of your file and whatever the U.S. Consulate requests.

After a Consular approval,  the Consulate places a stamp in your passport. You show this to enter the U.S.  Without it you can't enter.

So you were refused...If it’s because of ineligibility (overstay of visa, criminal record, contagious disease, etc.), you may file a form called “Waiver of Ineligibility.”

BUT: If the Consular Officer believes (and he/she has all the discretion in the world) that you’ll never be able to explain away your “Ground of Ineligibility”, your passport will be stamped “Application Received”, along with the date of refusal.

This is not a good thing…

At that point, try another Consulate. Still, you'll have to do a lot of explaining...

BTW: At the end of it all, if you are denied, you may not appeal this decision. Try to go back and attempt to overcome whatever the Consul claimed your problem was…

Monday, June 7, 2010

Can't Call it 'Culturally Unique'?

Artwork by Jaime Vasquez. - http://www.jaimevq.com/

Let me tell you about a recent problem encountered by a client.

A very reputable U.S. venue booked an Argentine band that fuses Jewish Klezmer music with tango. We thought the case was a slam dunk for the “Fiesta Hanukkah” concert.

But that was before immigration checked out the petition and came up with its own new definition of “culturally unique”.

Immigration claimed: “The evidence suggests the group performs a hybrid or fusion style of music... which cannot be considered culturally unique to one particular country, nation, society, class, religion, tribe or other group of persons.”

The owner of the venue was livid. “How more culturally specific can you get than Jewish music of Latin America”?

NEXT WEEK:  "Consular Processing Procedures"