In the end the group as a whole did not tour the States. However the one with 50,000 followers was invited to join someone else’s tour, a plane ticket was bought, paperwork of some kind was done and still he was rejected at the border and not allowed in. Apparently even if you’re not being paid, if you’re performing in a context where people are paying to see the show (eg a bar with a cover, certainly a concert) you need some serious paperwork, and you can’t put it together yourself it has to be put together by the people inviting you.
So absolutely DO NOT listen to the CBP advice I was given on the phone and just show up at the border asking for an O or a P. And if you’re only semi professional, assume you will not be able to get the visa you want until someone cares enough to do a lot of paperwork on your behalf.
Update: the one who was rejected has since had two successful US tours. (He’s up to 120,000 followers now.) The key was an organization called FMA that helps musicians get visas. I suppose some organizer must have told him about it. I found a page that explains how it works. This is totally they way to go if you’re in this situation.
First off: IANAL
I called the CBP and they confidently assured me that an O or a P status — I would suggest that all questions like this be directed at an immigration attorney specializing in these sort of visas.
Having said that.
I’ve just been through the information gathering session for the friends of ours who are skaters for a P Visa and there are several criteria that one absolutely has to match:
Now this is for P visa. The O visa from what I have been told by the same lawyer you will need to be a Justin Bieber or Celine Dion if we’re talking about the musicians, or a winner of World Cup/Olympic Games if we are talking about athletes.
And one last thing. I don’t think the rules are different for Canadian citizens but for everyone else the border control cannot issue O or P visas this can only be done by a consular worker with information from USCIS.
Credit:stackoverflow.com‘
5 Mar, 2024
4 Mar, 2024
5 Mar, 2024