"Never Say Never"... to Justin Bieber's deportation?

Celebrities such as Lindsay Lohan, Nicolas Cage, and Paris Hilton often make the news when they get on the wrong side of the law. But the recent arrest of Justin Bieber, on allegations of drag racing and driving under the influence of alcohol, marijuana, and prescription drugs, could lead to more serious consequences than just a fine or jail time.

... Except the Miami Beach PD, that is.
Photo used under Creative Commons license from @jiposhy on Flickr.

Bieber is Canadian, and does not hold U.S. citizenship. He is currently in the U.S. on a temporary visa, based on his extraordinary musical abilities. However, because Justin hasn't been formally charged yet, it is unclear whether the offenses would impact his immigration status. Non-citizens in the U.S., such as Bieber, may face deportation or become ineligible for certain types of immigration relief after being convicted of certain crimes. These crimes are formally named "aggravated felonies" or "crimes of moral turpitude" in the law. Although those titles sound serious, some relatively commonplace acts can result in criminal convictions under those categories.

For more news about Justin Bieber's arrest, read this CNN article.

If you are interested in applying for immigration status based on extraordinary ability in the sciences, arts, education, business, or athletics (an O visa), Glickman Turley may be able to help you. Even if you aren't a musical sensation, if you are an immigrant facing criminal charges, or if you are an immigrant who already has a criminal record, then it is important for you to talk to an attorney about your immigration status. Contact us today to see how we may be able to help.

Bruins Goalie Tuukka Rask Has “Extraordinary Skills"

The Bruins dominated Game 3 of the Stanley Cup Finals last night!  Goalie Tuukka Rask had an amazing game, stopping all 28 shots for his third shutout of the postseason.

 

My admiration of the Bruins goalie got me thinking about his immigration status (pretty geeky, I admit).  Tuukka Rask hails from Finland, a far off Nordic country that is cold and dark in the winter and light all day long in the summer.  According to his Wikipedia page, he started playing in a youth league in his home town of Savonlinna, Finland.  He then progressed to Ilves, Jr., a Finnish Junior League.  In 2005, he was drafted by the Tronto Maple Leafs, then traded to the Bruins.  Tuukka spent most of his time with the Providence Bruins, quietly making a name for himself.  Rask’s big break came when he was named as the starting goalie for the Bruins before the 2012-2013 season lockout, replacing Tim Thomas. 

When a foreign player is drafted under contract with an NHL franchise, the player applies for a P-1A visa, which is a temporary work visa.  P-1A visa may be issued for up to 5 years initially and permits NHL players to be traded between NHL teams generally without interrupting the player’s ability to play.  It also allows the professional hockey player to travel in and out of the country with the team as required.

P-1 visas are generally dependent upon the player being actively on the ice.  So if the player is no longer playing, the P-1A visa will be invalidated, meaning the player falls “out of status,” and would normally have to leave the United States.  In order to prevent this from happening, many NHL players and franchises initiate the Permanent Residence (aka “Green Card”) process for players on the active roster who wish to make the United States their permanent home after their playing days are over.  For most foreign-born professional athletes, this means obtaining a green card through the employment-based preference category called EB-1, which is a category set aside by the United States Citizenship and Immigration Services (“USCIS”) for “extraordinary ability” workers in the sciences, arts, education, business or…you guessed it…athletics.

To qualify, the athlete must be able to prove that during his career, he has been able to demonstrate sustained national or international acclaim and achievements that are recognized in the field.  Simply playing in the NHL does not satisfy the USCIS regulatory requirement for “extraordinary ability.”  Instead, the player must prove that he is “elite” in comparison to his peers in professional hockey.  The most obvious way for the player to do this is to receive a major internationally recognized award, such as being named an NHL All-Star, winning an Olympic medal, or being on the Stanley Cup-winning Team. 

So, while winning the Stanley Cup finals would be a tremendous career high for Tuukka, it would also increase his chances of getting permanent residence in the U.S.  Something to think about that when you’re cheering for the Bruins during the finals.