I will be the first to tell you that immigration law is complex and changing and requires vigilance and care in preparing applications, but there is no requirement that foreign nationals, their employers, or family members use a lawyer. It is also true that under the Trump administration, foreign nationals (and even immigration practitioners) have become more cautious and even hesitant about filing petitions given the increased scrutiny of their applications by immigration officials and consular officers; nevertheless, there are certain applications that should still be straightforward enough to file without legal assistance. Cases filed by individuals without legal representation are subject to the same review and adjudication process as others filed by attorneys. We’ve previously discussed why an experienced immigration attorney can be valuable and in some cases absolutely recommended, but in this post we’ll more closely examine the types of applications and petitions that foreign nationals in most situations can prepare and file on their own.
Read moreSpecial Considerations for Film and Television Visas
As awards season wraps up, the glitz and glamour of the film and TV industry will once again be replaced by the daily grind of producers, directors, editors, costumers, writers, set designers, and the countless other crew members working behind-the-scenes of the on-air talent to bring the productions that entertain us to life. As such, there is perhaps no better time to discuss certain considerations to keep in mind when planning a shoot with foreign talent or foreign production crew members in the United States. While these issues are not unique to film and TV immigration cases, they do present themselves more acutely in this context. Given the tight turnaround times and often last minute nature of the film and TV production industry, it is important to plan ahead as much as possible and pay special attention to certain issues that may come up during the process when filing petitions with US Citizenship and Immigration Services (USCIS) and when applying for visa stamps at a US Embassy or Consulate abroad.
Documentaries or News Shoots
As we also discussed in a previous post (with a helpful chart even), the I visa is a non-immigrant visa for representatives of a foreign media organization who are temporarily traveling to the US to engage in their profession. Generally, only those whose activities are associated with journalism, the news-gathering process, or informational documentaries may qualify for I visa classification. The I visa should not be used for commercial or entertainment programming, including reality entertainment shows, scripted programs, the filming of staged or recreated events, or documentary dramas.