It’s official: The US Embassy has lifted the lifetime ban imposed on Regine Velasquez middle of last year, thanks to the help of "visa expert," lawyer and STAR columnist Michael Gurfinkel, who made possible what seemed to be, well, impossible.
Yesterday afternoon, Regine was finally granted a US visa.
"I’ve learned my lesson," Regine heaved a big sigh of relief. "I made a stupid mistake and I suffered for it and paid dearly for it."
The B-1 visitor’s visa was actually issued last May 17 yet, clearing the way for Regine to once again enter the US, although by law, according to Gurfinkel, "Regine was subject to a possible lifetime ban for attempted alien smuggling in conjunction with the Immigration and Naturalization Service." Regine was granted a special waiver under Section 212(d)(3) of the Immigration and Nationality Act of the USA.
On June 10, Regine is flying to the US, possibly with Gurfinkel and his wife Millie, who came here purposely to assist Regine on the case.
"I’m going there to renew friendship," said Regine, "especially with the producers of my concerts which were cancelled last year because of the incident."
Regine was supposed to perform in Los Angeles, San Francisco, Chicago, Hawaii and Washington D.C. No, the cancelled shows won’t push through. If and when, the producers will have to sit down again with Regine for a new negotiation. "Pero priority sila siyempre," added Regine.
For a backgrounder on the case and the inside story on the lifting on Regine’s lifetime ban, I’ll turn you over to Gurfinkel to tell it as it is, verbatim, as he thanks the US Embassy for its decision:
There has been a lot of speculation, rumors and hearsay surrounding Regine’s visa problems. But what really happened? With Regine’s consent, I would like to set forth Regine’s position on this unfortunate matter.
Regine was scheduled to perform a series of concerts throughout the United States during the summer of 2000. The concert producers told Regine’s manager that they were including, as part of Regine’s entourage, a "wardrobe assistant," who was to come along with Regine for the concert and handle Regine’s wardrobe for the concert. Regine thought nothing of this, as it is normal in the industry that while entertainers select the band and back up singers, it is the producers who select the "backstage" staff, such as stagehands, wardrobe assistants, etc. Besides, Regine was more focused on promoting the concert, ticket sales, rehearsals, etc. and was not really concerned as to who would be her wardrobe assistant. It was not a major item to Regine.
As it turned out, the wardrobe assistant admitted to the Embassy that once she arrived in America, she intended to remain in the US and would "be proceeding to... California to work as Personal Secretary" for one of the producers.
When Regine went to the US Embassy on July 6, 2000, to apply for her entertainer’s visa for the concert tour, the Consul questioned Regine as to how long the wardrobe assistant had worked with her. Although Regine had only met that person for the first time on the same day that she applied for the visa, at a loss for words, Regine told the Consul "three years."
Because this person had not previously worked with Regine as a wardrobe assistant (and Regine had stated she did), Regine was thereupon refused her visa under Section 212(a)(6)(E) of the Immigration and Nationality Act, for knowingly assisting, aiding and abetting "any other alien to enter or to try to enter the United States in violation of law." In other words, by misrepresenting the length of her relationship to the wardrobe assistant, Regine engaged in "alien smuggling." Regine did not benefit materially by adding this person on to her entourage. (There were rumors and gossip that Regine had done this sort of thing before (adding entourage for producers) in previous concerts, and/or was paid extra by the producers to include the wardrobe assistant as a "favor" to them. Regine was not paid anything "extra" by the producers to include the wardrobe assistant, aside from her normal fees for the concert, and she had not done this sort of thing before.) Still, that one single act of misrepresenting the length of her working relationship with the wardrobe assistant was enough to constitute alien smuggling, which ordinarily carries a lifetime ban.
Many people had suggested that Regine fight the ban or file a lawsuit. However, there is no appeal from a Consul’s finding of ineligibility. In addition US courts have repeatedly declared that courts ordinarily have no jurisdiction over decisions by Consuls with respect to the refusal or denials of visas. In other words, Consuls’ decisions are final and are beyond the reach of US courts.
After her visa was denied, Regine initially went to an immigration consultant for assistance, who said he had "connections," which was not true. Even some well-connected politicians wanted to help Regine. But there are no such things as "connections." Either you qualify for the immigration benefit, or you don’t. After Regine got nowhere with the consultant and politician’s help, Regine came to me. (My office did not prepare or handle the initial entertainer visa petition, which had included the wardrobe assistant as part of Regine’s entourage. That was done by a different law office.)
Regine, following my advice, has not discussed her case with the press or media, while her waiver request was being considered by the Embassy. This is because it is up to the INS and Embassy, not public opinion, whether a person is entitled to a particular immigration benefit. To its credit, the press has respected Regine’s wishes (of not wanting to "try her case" in the press, and/or appealing her case to the court of public opinion).
In dealing with the US Embassy and INS over this matter, the Consuls and Immigration Officers (and their Staff) were extremely courteous and professional. By law, the Embassy could have banned Regine from entering the US for the rest of her life. But the Embassy and INS graciously agreed to a special non-immigrant waiver under Section 212(d)(3) of the Immigration and Nationality Act, enabling a person to enter the US on a non-immigrant visa, such as visitor’s or entertainers visa (This special waiver is not available for people applying for immigrant visas or green cards). This waiver requires the cooperation and approval of both the Embassy and the INS.
Regine and I are grateful to the Embassy and to the INS for granting this waiver. Many articles were written after Regine’s visa was denied, proclaiming that Regine’s career in the US was "dead," and she would never be able to perform again in America. This waiver could now clear the way for Regine to someday soon perform live in the US. The Embassy and INS have given Regine back her career in the US.
Although by law Regine still has the alien smuggling charge on her record, she is at least able to come to America. Regine also would like her misfortune to serve as a lesson or example to other people about the dangers and devastating consequences of alien smuggling. Regine has not attempted to deny responsibility or shift blame for her actions. She fully admits that what happened was wrong.
It does not take much to commit alien smuggling. (In Regine’s case, she misrepresented how long the "wardrobe assistant" had worked with her.) Alien smuggling could also include grandparents claiming a grandchild as their natural child for petitioning purposes; an aunt or an uncle claiming their niece or nephew as their natural child in order to be able to petition that child; a couple filing a birth certificate for a "given child" who is neither a legally adopted or biological child, so that they could later try to petition that child. Alien smuggling could also include an unmarried sibling vouching that their married brother or sister is also single, to help facilitate the married brother or sister get a visa as "single." In that case, even if the truly single sibling is entitled to a visa, the fact that they vouched for the married brother or sister (as also being single) constitutes assisting, aiding and abetting "any other alien to enter or to try to enter the United States in violation of law."
The bottom line is that if somebody is not eligible to come to America, and you participate in his attempt to enter the US, you could be charged with alien smuggling.