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THANK YOU, U.S. EMBASSY AND INS, FOR LIFTING
REGINE'S LIFETIME BAN
by Michael J. Gurfinkel, 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.
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