QUESTION

Can someone with a deferred action be on TV?

Asked on Jan 03rd, 2013 on Immigration - California
More details to this question:
I am in small a Capella group. We are five boys, everyone in the team are look forward to auditioning for a reality T.V. show called the X Factor. All of them are US citizens except me. I have deferred action though, but I wanted to know if I would be able to be in a program like that. I read their terms and it says that only US citizens or legal residents are available. But now this year with the new defer action is it possible for me to join the T.V. program?
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10 ANSWERS

Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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From an immigration law standpoint, it's ok. You'll have to speak with the show about whether deferred action equals legal residency in their view.
Answered on Jan 24th, 2013 at 7:13 PM

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It is impossible to give you a sure answer. On the one hand, it is likely that the program wants only those participants who can legally work in the U.S. and not worry about getting visas, extensions of status, etc. That is, likely, what they meant when they drafted the terms. If you show them your Employment Authorization card valid for 2 years, it might just close the issue. On the other hand, the program can insist on strict compliance with its terms and deny your group participation because of your status. If that happens, there will be little anyone could do. The network can set any terms it wants, and, if you cant or don't want to comply with them, its your problem. If it won't let you in on the show, you will not be able to complain of discrimination and ask a court to enforce your rights, because there is no enforceable right in this case. So, there is a simple way to find out: you, or your group's manager or promoter, or your attorney can call the network, explain the problem, and ask if you can perform on the show. Make sure that the network knows that you have an EAD for 2 years (that will be extended for 2 more years, and then extended again, and again). You might want to postpone this discussion until later if your group makes it through the audition, and the network really likes you, the chances that they would be "flexible" with your problem are much greater than before the audition.
Answered on Jan 11th, 2013 at 2:28 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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You may want to hire an attorney to read everything over to see if you can somehow qualify. It may be worth the investment if it will help you.
Answered on Jan 10th, 2013 at 7:42 PM

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You need to ask the show people. If you have to be a citizen or permanent resident, then you may not qualified.
Answered on Jan 10th, 2013 at 8:00 AM

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Rebecca T White
You will need to contact the producer of the program directly and inform him or her of your immigration status.
Answered on Jan 07th, 2013 at 5:49 PM

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Adebola O. Asekun
Deferred action is not legal resident status nor is it US citizenship. So, lacking either status of a US citizen or lawful residence, the X factor organizers disqualify you from their show. However, since your DACA status not only grants you status to live and work in United States, explain to the X factor organizers that your presence in US is known to DHS and authorized by CIS. If you have already received your DACA work permit, you can present that to them. Whatever you do, do not claim either in writing or otherwise that you are a US citizen
Answered on Jan 07th, 2013 at 5:48 PM

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Bruce A. Coane
I would have to see the exact terms of the contract, but it would seem that you are a resident and through DACA, you are not illegally here.
Answered on Jan 07th, 2013 at 5:48 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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They are a private entity and have chosen their own terms. A deferred action does not make you a legal resident, so it sounds like you do not fit the X Factor's terms. You could try and contact them to see if they will change their policy, but they probably won't.
Answered on Jan 07th, 2013 at 5:47 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Yes that is fine you are not in status but you are legal to be here.
Answered on Jan 07th, 2013 at 5:47 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Maybe, maybe not. It will depend on how the producers of the show want to treat people with deferred action. Although, with deferred action, you have legal status and will not be deported, you are neither a U.S. citizen, nor a permanent resident. The producers can decide that you are ineligible for the show.
Answered on Jan 07th, 2013 at 5:47 PM

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