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Immigration Q&A - July 26, 2009 Q1: P3 Visa DenialI am the leader of a small band from the Dominican Republic that sings Perico ripiao. We applied for a P3 visa so we could perform at several locations in the US. Our case was denied by INS because they said our performances were not culturally unique. We received a notice that we could appeal but I don’t know if we should. Can you get this case approved for us? Unfortunately, these types of decisions are becoming more and more common. There are certain visa classifications such as the P3 visa which USCIS, and some Service Centers in particular, feels are often abused. Although, I have not yet seen your denial notice, I am quite certain that this decision was made by the California Service Center. Merengue tipico or Perico ripiao is certainly a culturally unique singing style which is common in the Dominican Republic. This type of case can easily be won on appeal. However, appealing this type of case is often more expensive than refiling, as appeals are generally more complicated than filing the first time and the processing times are generally longer. You may consider refiling but it is ultimately your decision. Q2: Is an O1 Visa or P1 Visa More Appropriate for a Rock Band?Hi, we have a well known band in the UK and are looking to tour the US. I’ve spoken to several different lawyers and they are all giving me different advice. Can you tell me if we should be looking to get an O visa or P visa? While it is technically possible for the lead in the band to procure an O1 visa and the rest to procure O2 visas, the simple rule is that the O is for individuals and the P is for groups. You would be much better off applying for the P visa. |
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The Messersmith Law Firm, P.C. |
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