Canadians in NYC?

April 22, 2007 1:15 PM

Do you know artists who moved to NYC illegally and now live there legally?

A friend of mine is a talented actor and writer. She talks a lot of her love for NYC and how she should be living there. I love NYC too, but last night I'd heard enough and said I was sick about her talking about it all the time and that she should stop talking about it, and set forth a plan to move there. She says she can't, agents there won't sign on an illegal Canadian, etc. I told her she was creating a false barrier for herself and that if she really wanted it, she could make it happen, and she should just move there, and that she can more easily make it happen there, and as far as I know there are many many illegal Canadians living and working in that city, and that it was possible, and that if they want you bad enough when you are there you can get the proper papers to work. She said "like who?" I said I would find out if I was just talking off the top of my head. She said go for it. Then we went to see Regina Spektor. Do you know actors / writers who are Canadian or immigrants that moved there illegally and have made a legal go of it now in NYC? Bonus points for citing examples

posted by miles1972 to media & arts (15 comments total)

Speaking as a (legal) alien resident of another country, I would neeeeever recommend that someone try to work, and especially start a career, illegally in another country. It took me 6 weeks just to open a bank account when I moved, and that was on a legal student visa. Also, if things go wrong, that's that avenue completely closed in the future.
posted by ukdanae at 1:42 PM on April 22, 2007

I'm confused why she wouldn't try for a temporary work visa or some such? I would also think that there is a big disincentive to hire people who don't have the proper documentation, especially nowadays. Create a stable portfolio showcasing your/her talent in a bigger city, then shop it around New York legally, if they hire her I'm sure she can get entrance papers. I don't think she's going to go very far without a legal basis. Try to emigrate.
posted by edgeways at 1:44 PM on April 22, 2007

if they want you bad enough when you are there you can get the proper papers to work.

There were 130,000 applicants for the 65,000 H1B work visas available for 2007. So the above is not something I'd count on.
posted by oneirodynia at 2:24 PM on April 22, 2007

Hmmm. Sounds like I'm going to have to eat some crow and offer to marry my friend. (I have US citizenship although I live up here.)
posted by miles1972 at 2:31 PM on April 22, 2007

Sounds like I'm going to have to eat some crow and offer to marry my friend.

If you're marrying her solely to get her into the country, she will likely get deported when that's discovered.
posted by oaf at 2:47 PM on April 22, 2007

I am a legal resident alien in the U.S., and I really really really advise against coming here illegally and trying to legalize one's situation. As ukdanae points out, if your friend gets found out while here illegally, she will be deported and permanently barred from entering the U.S.

If your friend has the funds and inclination, one possibility is to apply to and be admitted to a university in NYC and enter the country with a student visa. She then becomes eligible for "Optional Practical Training" which allows her to work during school breaks or work for a year after completion of the degree. This might then provide an "in" for her to get a work visa or even have an employer start the green card application process for her right away.
posted by needled at 2:57 PM on April 22, 2007

I am a Canadian artist living and working in the US- currently on a Practical Training visa, in the process of applying for an O-1 artist visa. The advice I've been given by immigration lawyers and the like is to do everything as by-the-book as possible at this stage because, in the likely event that I eventually apply for a Green Card, the USCIS will look over my history with a fine tooth comb to try and find a reason to weed out another "dangerous illegal Canadian artist". I'm in the midst of this process right now- if your friend needs advice, my email's in my profile.
posted by purplefiber at 3:35 PM on April 22, 2007

"If you're marrying her solely to get her into the country, she will likely get deported when that's discovered."

eh. i had a painting professor in college who'd successfully married three women so that they could get US citizenship. and he's gay. i'm not sure how he went about pulling it off, but it's apparently a workable course of action, in some cases.

not that i would encourage it.
posted by wreckingball at 7:01 PM on April 22, 2007

i'm not sure how he went about pulling it off, but it's apparently a workable course of action, in some cases.

As someone who (very recently) almost got his anus checked via his mouth by Dept. of Homeland Security while importing his wife, I'd like to ask when this occurred. The DHS is not the most friendly bunch of people to piss off, and would rather you do just about anything but lie to them.

So, I'm going to advise against the getting married just for show suggestion as well.
posted by plaidrabbit at 7:09 PM on April 22, 2007

Thanks everyone, I know all about the dangers of fake marriage, and illegally trying to live and work in the States already. Thank you all for your concern and comments so far, but can anyone actually answer my original question?
posted by miles1972 at 7:33 PM on April 22, 2007

Becoming legal after having been here illegally is not very easy and not always possible, no matter what country a person is from. There are many kinds of visas available; your friend should talk to an immigration lawyer to see what her options are. There may very well be avenues already open to her to become a US resident legally.

Additionally, this plan isn't really an effective one: prospective employers are going to expect her to have a valid Social Security Number so that they can pay her; or she might want a driver's license or a bank account or to travel home for a visit every once in awhile. All of these things are going to be made very complicated by her illegal status.

There's a difference between gumption and recklessness; immigrating illegally definitely falls into the latter category. The benefits just do not outweigh the risks.

I have limited experience with US immigration, but IANAL.
posted by AV at 8:06 PM on April 22, 2007

can anyone actually answer my original question?

Sorry, just saw this.

Maybe I can help explain why people aren't answering your original question: becoming legal after having been here illegally necessarily involves coming forward to the authorities and admitting you've been here illegally, at which point they have every right and motivation to deport you and slap you with an entry ban, which, it is my understanding, is exactly what they do. If someone does have a success story, chances are they either have incredibly unique circumstances that would not apply to your friend, and a very good lawyer (which would almost assuredly be much more hassle than having immigrated legally in the first place).

In other words, the premise of your argument is that illegal immigrants from Canada legalize themselves in the US successfully so often that your friend can rely on their experience to expect that she will be able to do the same. The responses here are saying that no, this is not common, and therefore any successes that are reported (if there are any, which there might not be) will not be sufficient for your friend to rely on. So, it's not the answer you were looking for, but still an answer.

Hope that helps. If your friend wants to talk to a lawyer, she can probably get a referral through her provincial Law Society.
posted by AV at 8:31 PM on April 22, 2007

AV hit it right on the head as to why I responded the way I did.

I mean, yes, you can probably find a list of artists - but they'll probably not be a majority of illegal immigrants. Those that did get around the circumstances will have probably (like AV said) amassed a large amount of money and aquired a good immigration attorney. No amount of exceptions are going to make this idea a viable option that you should seriously encourage someone to take.

However, not even that may save you. One only has to think of Slick Rick to see that the INS can bust you some 20+ years after the fact, even if you're well-heeled.
posted by plaidrabbit at 4:01 AM on April 23, 2007

Another reason why the information may not be helpful even if you find a list of artists is that immigration regulations have changed over time, often in the direction of closing off venues for illegal immigrants to legalize their situation. Essentially, saying that many artists managed to legalize their status in, say, the 1980's, only says it was possible to do so under immigration regulations at the time. Regulations have become much stricter post-2001.
posted by needled at 5:11 AM on April 23, 2007

Thanks all. Just what I needed. I will continue to listen to my friend tell me her dreams of NYC and from now on I will nod sympathetically.
posted by miles1972 at 2:33 PM on April 23, 2007