I've been refused by immigration yesterday. I was in transit in Detroit, on my way to Los Angeles where i was suppose to have a week holidays with my wife at some friend's place. I am a professionnal musician, internationnaly famous in my genre of music, and i accepted to play for free at a party in L.A, which is, apparently, not legal with my ESTA visa because the party was not free...so I can agree with that, and accept that i made a mistake...but how can I go and perform again in the US ? If i follow EXACTLY the procedure next time, will i enter the USA for sure or might i lose, again, the money of the flight ticket ? And last question, when i m travelling now to other countries and fill their form, must i tick the "have u been refused by any immigration" for such a little mistake ? How bad is it to have the deny stamp on my passport as i travel every week and everywhere ?
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.
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