Highland, 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.

Unfortunately Pres. Trump has implemented a policy of tough immigration enforcement, and the Department of Homeland Security officers are energized to enforce the laws against the undocumented. Traveling by air may now become more dangerous, especially where the entry is made from outside the mainland, e.g. Puerto Rico, Hawaii, or to and from places close to the borders of this country.  Also airports are places of high security, and so there may be more risk of encounter with DHS there than in many other places. 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.    

Your girlfriend was inspected and admitted upon entry into the U.S. If you are a U.S. citizen, once you two get married, your wife will be able to adjust her status to the legal permanent resident provided, of course, that she has no criminal history and is otherwise eligible to adjust status, and provided that you can show sufficient financial support (or have a joint sponsor). As to timing, you two should decide on that, but please note that, since she overstayed her welcome, she could potentially be subject to detention and removal proceedings because she no longer has any legal status in this country. Just because you are planning to get married does not mean that she has some sort of protection from her now-undocumented status in this country.