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Thank you, U.S. embassy & INS, for Lifting
Regine's lifetime Ban
posted:May 27, 2001
Michael Gurfinkle Esq.
On May 17, 2001,
the U.S. Embassy issued a B-1 visitor’s visa to my client, Regine
Velasquez, clearing the way for Regine to once again enter the U.S.
Although, by law, Regine was subject to a possible lifetime ban for
attempted alien smuggling, the U.S. Embassy, in conjunction with the
Immigration and Naturalization Service, graciously granted a special
waiver to Regine under Section 212(d)(3) of the Immigration and
Nationality Act.
There has been a lot of speculation, rumors, and hearsay surrounding
Regine’s visa problems. But what really happened? With Regine’s
consent, I would like to set forth Regine’s position on this
unfortunate matter.
Regine was scheduled to perform a series of concerts throughout the
United States during the summer of 2000. The concert producers told
Regine’s manager that they were including, as part of Regine’s
entourage, a "wardrobe assistant", who was to come along with Regine
for the concert and handle Regine’s wardrobe for the concert. Regine
thought nothing of this, as it is normal in the industry that while
entertainers select the band and back up singers, it is the
producers who select the "backstage" staff, such as stagehands,
wardrobe assistants, etc. Besides, Regine was more focused on
promoting the concert, ticket sales, rehearsals, etc. and was not
really concerned as to who would be her wardrobe assistant. It was
not a major item to Regine.
As it turned out, the wardrobe assistant admitted to the Embassy
that once she arrived in America, she intended to remain in the U.S.
and would "be proceeding to . . . California to work as Personal
Secretary" for one of the producers.
When Regine went to the U.S. Embassy on July 6, 2000, to apply for
her entertainer’s visa for the concert tour, the Consul questioned
Regine as to how long the wardrobe assistant had worked with her.
Although Regine had only met that person for the first time on the
same day that she applied for the visa, at a loss for words, Regine
told the Consul "three years".
Because this person had not previously worked with Regine as a
wardrobe assistant (and Regine had stated she did), Regine was
thereupon refused her visa under Section 212(a)(6)(E) of the
Immigration and Nationality Act, for knowingly assisting, aiding and
abetting "any other alien to enter or to try to enter the United
States in violation of law". In other words, by misrepresenting the
length of her relationship to the wardrobe assistant, Regine engaged
in "alien smuggling". Regine did not benefit materially by adding
this person on to her entourage. (There were rumors and gossip that
Regine had done this sort of thing before (adding entourage for
producers) in previous concerts, and\or was paid extra by the
producers to include the wardrobe assistant as a "favor" to them.
Regine was not paid anything "extra" by the producers to include the
wardrobe assistant, aside from her normal fees for the concert, and
she had not done this sort of thing before.) Still, that one single
act of misrepresenting the length of her working relationship with
the wardrobe assistant was enough to constitute alien smuggling,
which ordinarily carries a lifetime ban.
Many people had suggested that Regine fight the ban or file a
lawsuit. However, there is no appeal from a Consul’s finding of
ineligibility. In addition U.S. courts have repeatedly declared that
courts ordinarily have no jurisdiction over decisions by Consuls
with respect to the refusal or denials of visas. In other words,
Consuls’ decisions are final and are beyond the reach of U.S.
courts.
After her visa was denied, Regine initially went to an immigration
consultant for assistance, who said he had "connections", which was
not true. Even some well-connected politicians wanted to help
Regine. But there are no such things as "connections". Either you
qualify for the immigration benefit, or you don’t. After Regine got
nowhere with the consultant and politician’s help, Regine came to
me. (My office did not prepare or handle the initial entertainer
visa petition, which had included the wardrobe assistant as part of
Regine’s entourage. That was done by a different law office)
Regine, following my advice, has not discussed her case with the
press or media, while her waiver request was being considered by the
Embassy. This is because it is up to the INS and Embassy, not public
opinion, whether a person is entitled to a particular immigration
benefit. To its credit, the press has respected Regine’s wishes (of
not wanting to "try her case" in the press, and/or appealing her
case to the court of public opinion).
In dealing with the U.S. Embassy and INS over this matter, the
Consuls and Immigration Officers (and their Staff) were extremely
courteous and professional. By law, the Embassy could have banned
Regine from entering the U.S. for the rest of her life. But the
Embassy and INS graciously agreed to a special non-immigrant waiver
under Section 212(d)(3) of the Immigration and Nationality Act,
enabling a person to enter the U.S. on a non-immigrant visa, such as
visitor’s or entertainers visa. (This special waiver is not
available for people applying for immigrant visas or green cards).
This waiver requires the cooperation and approval of both the
Embassy and the INS.
Regine and I are grateful to the Embassy and to the INS for granting
this waiver. Many articles were written after Regine’s visa was
denied, proclaiming that Regine’s career in the U.S. was "dead", and
she would never be able to perform again in America. This waiver
could now clear the way for Regine to someday soon perform live in
the U.S. The Embassy and INS have given Regine back her career in
the U.S.
Although by law Regine still has the alien smuggling charge on her
record, she is at least able to come to America. Regine also would
like her misfortune to serve as a lesson or example to other people
about the dangers and devastating consequences of alien smuggling.
Regine has not attempted to deny responsibility or shift blame for
her actions. She fully admits that what happened was wrong.
It does not take much to commit alien smuggling. (In Regine’s case,
she misrepresented how long the "wardrobe assistant" had worked with
her) Alien smuggling could also include grandparents claiming a
grandchild as their natural child for petitioning purposes; an aunt
or uncle claiming their niece or nephew as their natural child in
order to be able to petition that child; a couple filing a birth
certificate for a "given child" who is neither a legally adopted or
biological child, so that they could later try to petition that
child. Alien smuggling could also include an unmarried sibling
vouching that their married brother or sister is also single, to
help facilitate the married brother or sister get a visa as
"single". In that case, even if the truly single sibling is entitled
to a visa, the fact that they vouched for the married brother or
sister (as also being single) constitutes assisting, aiding and
abetting "any other alien to enter or to try to enter the United
States in violation of law".
The bottom line is that if somebody is not eligible to come to
America, and you participate in his attempt to enter the U.S., you
could be charged with alien smuggling.