As the old legal adage goes, "no man is above the law." This holds true for all of us: it holds true for me, for you, for the President of the United States - it even holds true for some of the world's most prominent authors and activists. The New York Times recently reported that Yassmin Abdel-Magied, a prominent Australian author and social advocate, was denied entry to the United States and sent on a return flight to London, her current home.
The NYT piece reports that Ms. Abdel-Magied had traveled to the United States under a seemingly-valid B-1/B-2 Visitor Visa, in order to speak at the Pen World Voices Festival in New York. Generally, the B-1/B-2 Business/Tourism Visitor Visa may be utilized for an event like this: to attend a conference, settle an estate, consult with business associates (B-1); or for vacation, sightseeing, medical treatment, to visit relatives (B-2). However, Ms. Abdel-Magied did not solely seek to enter the United States to attend the Pen World Voices Festival, she sought to enter as a paid speaker and participant – which is not a permitted activity under the B-1/B-2 visa.
The B-1/B-2 Visitor Visa does not grant work authorization to the recipient, and accepting unauthorized employment, or in Ms. Abdel-Magied's case, planning to speak at a major conference for compensation, is an improper use of this visa. Ms. Abdel-Magied certainly could have entered and participated in the conference, and even spoke, but receiving compensation under a B-1/B-2 visa is not permitted, resulting in her denial of entry. It is important to note that United States Customs and Border Protection acknowledged that she is eligible to return to the United States, as long as the proper visa classification is utilized. Denied entry may not preclude you from visiting the United States again in the future.
Now, more than ever, it is important to understand and follow the limits of non-immigrant and immigrant visa classifications. Let this be a cautionary tale for any prospective visitor to the United States – if you are not sure, seek assistance! Everyone, including those of the highest profile, are required to meet legal requirements to enter the United States. Visiting, and immigrating to, the United States can be a complex and time-consuming process. Don't go it alone, Attorneys at Green and Spiegel are standing by and ready to help. Please contact us for assistance with your immigration needs.
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