533  Visas for Dancers

Date: Fri, 26 Apr 2002 13:08:32 EDT
From: "Lisa E. Battan" <Battanle@AOL.COM>
Subject: Visas for Dancers

Hi All,

I will try and make a short reply to Linda's post. I don't intend to advise
or educate everyone on all the ins and outs of visa processing for tango
dancers and teachers. But because this issue effects workshop organizers and
professionals who teach and dance in the U.S., I will make a few short
comments. These comments are general only and do not apply to any one
specific case. If you have a case, you need advise about the specifics of
your case before you proceed. (These comments have nothing to do with ANY
specific workshop cancellation.)

The situation at the U.S. consulate in Buenos Aires is terrible. It has
gotten steadily worse of the last few months and really bad this week. I did
have two clients (tango dancers) obtain work visas there last week after a
lot of wrestling on my part. In the next two weeks 13 of my tango dancing
clients will obtain their work visas elsewhere in order to avoid the hassles
of Buenos Aires.

This takes time and planning and knowledgeable advice.

A few brave souls are still trying to travel and work on tourist visas. This
is visa fraud and constitutes a violation of status. There is liability for
organizers should the INS or the Department of Labor catch on. But, people
need to decide on their own how to proceed. However, I really don't
understand the continued reliance on tourist visas when people can pay for
the cost of a year long work visa with a single group class. The psychology
of the situation involves more than just money. It probably has some roots
in culture and some roots in how business has been done in the past (or
perhaps in how seriously people take the work.)

Lately I have had several dancers contact me after the consulate denied their
application for a tourist visa. It can be extremely difficult to overcome
this denial even if the INS subsequently approves an application for a work
visa. (The consulate can still decline to issue the work visa even if INS
has approved the application. Often a consulate denial means that you can't
apply for any visa for six months.) People are causing a lot of harm to
their careers by not proceeding with the correct visa in the first place.

Many dancers and sponsors contact me to say that they need a visa right away.
You need to plan ahead. This process normally takes three months or more.
You can apply for a visa up to six months before you need it.

Many workshops have been canceled in the U.S. because dancers were planning
to travel on tourist visas. There is major misinformation out there on some
on at least one U.S. communities tango website regarding visas.

Last Friday the INS published a proposed rule which will limit all stays in
tourist status to 30 days unless the applicant can show a "good reason" for a
longer stay. We don't yet know what will be a "good reason". This will
probably go into effect in a month or two. Tourist applicants are going to
undergo greater scrutiny at the port of entry.

Yesterday, the U.S. House of Representatives voted to divide the INS into two
separate agencies -- one for enforcement and one for benefits. These two
agencies would not even share common leadership. The White House now
supports the legislation. The Senate will take up the legislation up soon.
We are entering an era of a lot of changes. There will be lots of confusion.

In the end I can only say get yourself good advice. This is not a plug for
my services - see whomever you want. I see a real need for this. This does
effect dancers and organizers (and ultimately students).

Saludos,

Lisa


In a message dated 4/25/02 12:40:51 PM Mountain Daylight Time,
lindavalentino@PRODIGY.NET writes:

> This
> just emphasizes that all tango organizers in the U.S. MUST make sure that
> the teachers for whom they organize have their work visas approved and
> issued well ahead of the dates on which they are expecting to enter the
> country. The days of teachers just breezing in like tourists without any
> visa are OVER, folks. They are going to have to apply for work visas,
> declare their income, pay taxes, etc. Even getting a tourist visa is
> becoming very difficult, as one has to prove that they have sufficient
> motivation to return to Argentina when the visa is up and not overstay
> illegally. That means proving sufficient family ties, employment, property
> interests (like owning a house), bank accounts, credit cards, etc. On the
> plus side, this will help stop the proliferation of "world-renowned"
> unknowns who in fact have never taught in Buenos Aires but are coming here
> claiming to be "tango teachers from Buenos Aires" because they can't get
> any
> other work down there. Everyone applying for a work visa has to prove that
> they have a track record as a tango professional, with documentation of
> past
> teaching, performing, etc., and recommendations. The intrepid and wonderful
> Lisa Battan (aka "the immigration attorney to the tango stars") has
> elaborated on this before and can do so with much more detail and knowledge
> than I can. I urge everyone to be in contact with her (sorry, Lisa--I know
> you're swamped already!) or another well informed immigration attorney
> before committing to organize for anybody.
> Regards,
> Linda Valentino
>
>

Lisa E. Battan
Lisa E. Battan, P.C.
2235 Broadway
Boulder, CO 80302
phone: (303) 444-8668
fax: (303) 449-2656
www.lawyers.com/battan