Paraguayan attorney María Fernanda Melgarejo Ainsworth, founder of the Melga Law firm and a specialist in immigration and business in the United States, warned about the limitations of the U.S. tourist visa and the consequences of violating its rules, following the case of singer Marilina, who had her document revoked before traveling.
In an interview with Radio 1000 in Miami, she explained that there are more than 100 visa categories and that the B1/B2 visa is intended primarily for tourism, although it also permits certain limited commercial activities, such as participation in exhibitions, festivals, conferences, or seminars. Some cultural activities may be authorized, provided they do not involve financial compensation, but authorization is not automatic for any type of performance or event.
Regarding the case of singer Marilina, Melgarejo stated that she is not familiar with the specific details, but based on publicly available information, she understands that the artist obtained the visa and subsequently had the document revoked before boarding. U.S. immigration control does not end with the issuance of the visa and remains in effect throughout its validity.
If a person engages in activities for which they receive payment or generate some economic benefit, authorities may consider that they need a visa that expressly authorizes that type of work. In the case of artists, the specialist mentioned categories such as the O-1 visa, intended for individuals with extraordinary abilities, or the P-3 visa, for artists connected to cultural expressions.
The attorney noted that, in the past, it was more common for artists to perform without receiving direct payments using tourist visas, but current controls are much stricter, especially when it comes to figures with an established professional track record and high popularity. "If the event is paid and the artist has a consolidated professional activity, it becomes harder to justify that such a performance could be done on a tourist visa," she stated.
Melgarejo also emphasized that the tourist visa is not designed to seek employment in the United States or to carry out work activities. Furthermore, she warned about prolonged stays in U.S. territory: although the visa may be valid for up to 10 years and authorize stays of up to six months per entry, remaining for the entire period may raise questions from immigration authorities. "Everything must make sense and be consistent with the stated purpose of the trip," she said.
Finally, the specialist highlighted that the U.S. government has strengthened control mechanisms through the use of artificial intelligence, data cross-referencing, and social media monitoring, and recommended that travelers act consistently with the visa category obtained to avoid immigration problems.