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.
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When people ask what made me become an immigration attorney, it’s difficult to give one reason since I can usually think up a number of influences. But one of these influences was a trip I took as a teenager to The Tenement Museum in New York’s Lower East Side. It was an exceptionally hot August weekend when my mom, aunt, and I took the train to the City for the day. It wasn’t a day that I particularly wanted to be traipsing around tiny tenement apartments—but that’s just what made it so meaningful. We felt in some way how it really would have been one hundred years ago to live in such conditions. As my own ancestors came to the US during the end of the 19th century during the pogroms in Eastern Europe, I could better appreciate what their life may have been like upon arriving in America. I recently had the pleasure to re-visit the museum (on a much cooler day, I’m happy to say), and I can report that the experience is still very worthwhile.
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JACKI: As the two-time champ of the annual D&B Oscar Pool, it should come as no surprise that I have been asked to help write the first ever Oscar predictions blog post (sarcasm heavily implied). That said, I have no formal film training whatsoever--I’m just an avid filmgoer who intends to pull off the never-before-achieved D&B Oscar Pool three-peat.
JEN: I am a relative newbie to the shark-infested waters of the D&B Oscar Pool. Having studied film and television as an undergraduate, I have the makings of a winner, but my penchant for voting with my heart often ruins my chances at victory. I am determined to block Jacki’s “three-peat” (and stop all this office trash-talk) this year.
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Twice a year, in February and September, New York City hosts Fashion Week: an eight-day long fashion extravaganza. According to The New York Times, New York Fashion Week presents approximately 320 shows and hauls in over $860 million for the City (more than the US Open, the marathon, or Super Bowl). Fashion Week is the culmination of months of work for not only designers, but also for many other artists and contributors, including supremely talented producers, hairstylists, makeup artists, nail artists, fashion stylists, set designers, DJs, and models, all helping to make these shows works of art. We always love an invite to a show whether for our clients or designers we admire. For buyers and editors the shows mark the beginning of their work for the next season, but luckily for us we can sit back and enjoy the shows solely for their fashion and artistic merits.
I attended two shows: the Jill Stuart show, held in the Tents at Lincoln Center, and the Marc Jacobs show at the Armory. I also watched MADE Fashion Week at Milk Studios from afar (okay, from our offices across the street).
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Last week my colleague Matt Bray described the history of the Defense of Marriage Act (DOMA) and background to the Windsor decision overturning DOMA. As a followup to that post and also inspired by the helpful Q&A on the US Citizenship & Immigration Services (USCIS) website, this post aims to provide some practical answers to commonly asked immigration-related questions in the aftermath of the decision.
Given the previous record of treatment by the US government and USCIS, some same-sex couples are understandably cautious about moving forward. That said, the US government has made it clear that same-sex married couples can (and should) expect equal treatment under the law. Practically, though, what does that mean?
My partner and I have entered into a civil union. Is that the same as a marriage for immigration purposes?
No. Only legal marriages are considered for immigration purposes. For the marriage to be legal, the marriage must have taken place in a jurisdiction (i.e., a US state or foreign country) where same-sex marriage is legal.
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