Why Justin Bieber wasn’t deported ?
Lets take a look of my 2014 article posted on FB.
Will Justin Bieber be deported from the United States? Can his current U.S. visa, whether as a tourist or a performer, be revoked?
Justin Bieber, as a well-known performer, holds an O Visa, to live and work temporarily in the U.S.A., which is valid for 3 years and can be renewed by the U.S. Immigration Department (USCIS).
Justin was recently arrested on a well-known avenue in Miami for exceeding the speed limit, driving under the influence of alcohol and marijuana, and driving with an expired driver’s permit for the State of Georgia.
Previous to this incident, Justin was accused by one of his American neighbors of having caused damages to his property by throwing 20 eggs on the front-wall of his home. The neighbor is demanding that Justin pay him US $20,000 for the damages caused.
On the other hand, we must consider the fact that Justin is a famous Canadian pop singer who is barely 19 years old and who has recently been overwhelmed by wealth and fame. He has millions of fans and admirers, not only in North America, but around the world, and he never had a normal family life when he was a child.
In reaction to his obnoxious behavior in the United States, a group of U.S. citizens has been compiling a list of thousands of indignant citizens who are signing a petition to president Barak Obama to have Justin Bieber deported from the U.S.A.
The interesting question that arises, however, is: Can Justin Bieber be deported from de U.S.A?
It must be understood that Justin Bieber’s stay in the United States is temporary and perfectly legal. He is there as a famous performing artiste with a valid resident and work permit, which gives him the right to give shows and concerts, the right to hold a driver’s permit, and the obligation to pay taxes and Social Security contributions.
As a foreign resident in the United States, he also has the obligation to observe and respect the federal and state laws, just as any other U.S. citizen, and as such, he is subject to paying any fines and fulfilling any court rulings as a result of having violated any federal or state laws.
The vandalism he committed against his neighbor and the damage done to his home in Calabasas, requires him to submit himself to a court hearing for violating the state laws of California and to fulfill the verdict of the judge, who will most likely order him to refrain from such vandalism and to indemnify his neighbor for the damages caused.
Regarding his other offences, however, by exceeding the speed limit and driving under the influence of alcohol and drugs, he has also committed the well-known offence of DUI (Driving Under the Influence), which, according to Florida’s state laws, requires him to be arrested and taken before Judge who, after requesting the results of the intoxication tests, could decide that Justin be enrolled in a rehabilitation program, especially as his offence is compounded by the fact that he was driving with an expired driving license for the state of Georgia.
Throughout his legal processes, however, Bieber’s stay in the United States would still be considered to be perfectly legal, as he holds an O Visa, although he would have to attend the Advocate Program School 1 – DUI Education , as ordered by the judge.
Considering that his infractions are considered “minor offences”, and that he is legally living temporarily in the U.S., Justin will be able to continue his “work” in the country until his O Visa has expired. He will then have to request a renewal of his visa at a U.S. consulate in Canada if he wishes to continue living in the U.S.A.
On the other hand, if Justin had entered the U.S.A. with a simple tourist visa and an O visa approved simply as a Notification of Immigration on “Torch Paper”, but without having the visa stamped into his passport by the American Consulate in Canada, undoubtedly his stay in the U.S. would be illegal and he would certainly be subjected to a deportation process and his tourist visa would be revoked.
In any case, even in his present situation as a legal nonimmigrant visitor, Justin could have serious problems in trying to renew his O visa or his tourist visa. Even now, if he decides to leave the U.S.A. to visit Canada, his country of origin, for a few days, it is very probable that he will receive a call from the American consulate informing him that: 1.) his O visa/ tourist visa has been revoked, and 2.) that his visa has been submitted to an special Administrative Process, which could turn out to be his worst nightmare as he might never be able to return to the U.S.A.
These types of situations are very common among foreigners who visit the U.S. on a tourist visa and commit certain types of offences, such as shop-lifting, prostitution, petty theft, etc. Such offenses generally cause them severe problems when they decide to apply for the renewal of their tourist visas and receive the unpleasant news that their visas have been revoked or that their application for a resident visa has been rejected.
Glenn R. Morales