If you or your artist has overstayed on a P-1, P-2 or P-3 visa,the artist could be a subject to the inadmissibility bar. The rule of thumb is to never stay in the US beyond the date stated in the I-94. If the visa is overstayed there are several consequences.
First, an artist is not employment authorized after the I-94 or visa expiration date. It means that the artists can no longer perform in the US.
Second, a P visa artist may be subject to the inadmissibility bar. If an artist or an entire band has overstayed for over 6 months, they will not be able to return to the US for 3 years! This is serious consequence. Please note that even if an experienced entertainment visa attorney filed a proper visa with USCIS and it gets approved, the artist will no be able to get a visa at a local embassy or consulate.
Third, if a performer continues to stay in the US, he may be deported.
Any of the scenarios mentioned before will dramatically lower the overstayed artists’ chances to return to the US. Moreover, the overstay will negatively affect the reputation of the petition, i.e. the entertainment company that has sponsored such a performer. Next time, when the company applies for a different group/band/musician, the Department of State (a consulate officer) will seriously question the artists intent to return home.
How To Get a P visa to perform in the US (TIPS for Artists, Musicians, P-1, P-2, P-3 visas)
We advise our clients to strictly adhere to the P visa regulations. There are many options to avoid legal ramifications:
P visa Amendement
P visa Extensions
Both petitions discussed here.
Just simply file an amendment or an extension timely to comply with the US Laws.
There is a common misconception that if a company later applies for a green card, the artist may stay in the US. This is not true. A great hurdle of the inadmissibility bar is that any other employment based petition will not cure the P visa overstay violation. The artist who did not return back home on time will not be able to receive a green card.
For questions and consultations, please contact us here.