Brutus, MI Immigration Law Firms & Lawyers

It appears clear that an entertainer cannot play even for free before a paying audience under the visa waiver program or B-1 visa. The difficulty is that the ESTA application asks whether you have ever been denied a U. S. visa or entry. An affirmative answer would likely lead to refusal. Also the fact that you were refused created a record, further complicating any future attempts at entry without a visa. Most entertainers coming to the U. S. need to use the O or P visa to perform in the States. Some who are coming to perform at cultural events may apply for a Q visa. Those coming as part of a cultural program sponsored by his or her government before a non-paying audience where all expenses including per diem are to be paid by the home government may be eligible for a B-1 visa. That is also applicable to a professional entertainer participating in a competition for which there is no remuneration other than a prize and expenses. Insofar as your last question is concerned, while I am not in the position to tell you how to fill out visa forms for other countries or the consequences of filling out the forms properly for those countries, the best policy is usually to be truthful. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Since you are no longer considered an immediate relative of your U.S. citizen parent, you cannot apply for adjustment of status unless you remain in valid immigration status. Instead, you will be required to return to the U.K. for your immigrant visa interview at the U.S. consulate, which will subject you to the 10-year bar because you have accumulated more than 1 year of unlawful presence in the U.S. However, you are eligible for adjustment of status if you have a U.S. citizen spouse or child over the age 20 who can petition for you.

  It would be helpful to have an attorney assist you with the process because they know what they are doing. Many times when people file on their own, they may make a mistake and this can slow down the process. I would hire an attorney.