Desi is a former client who consulted me about the potential immigration of his adult son, Federico Reyes. Desi is a native and citizen of Argentina, and he obtained final lawful permanent residence status in May 2016 based upon his December 2012 marriage to a United States citizen, Lucy. Federico (“Rico”) is Desi’s son from Desi’s first marriage. Rico was born November 20, 1995, and is a native and citizen of Argentina. Desi doesn’t have any other children, and Rico has no siblings. Desi and Lucy were divorced in 2018; their marriage was genuine and not for immigration purposes.
Desi was a well-known entertainer in Argentina. He now owns a dance studio in Los Angeles, Desi’s Dance, and earns his living by offering popular dance lessons and renting the studio to others for rehearsal space. He teaches tango, mambo, salsa and other Latinx- (Latin American-) influenced dance; he says that this type of dancing is currently very popular in the United States. He employs one other teacher who teaches traditional ballroom dancing for non-professionals. Due to the overwhelming demand for more Latin dance classes, he recently advertised for another teacher. He received three resumes that seemed promising, but he hasn’t followed up yet.
Rico is 25 years old and a famous tango dancer in Argentina. His tango performances are very popular and always sell out. He is best known for his modern interpretations of the tango, which the Argentinian critics always praise as exciting and innovative. He has also performed as a dancer in several Argentinian films. He has never performed outside of Argentina, and the films were only released in Argentina. Rico graduated from the Argentinian equivalent of high school, and he didn’t attend university. He has attended master dance classes with well-known Argentinian dancers and began to earn his living as a performer right after high school.
Rico thinks that he may want to immigrate to the United States and work with his father while trying to establish a dance career here. Please answer the following questions, fully explaining the legal issues involved, including the necessary evidence to prove the claims, timing concerns, and any arguments that may be raised by the government in opposition to the relief sought.
1. Evaluate whether Rico may acquire lawful permanent residence under any family-based preference. Do not discuss any preference that is clearly irrelevant (i.e., potential marriage for Rico and sibling preference).
2. Evaluate whether Rico may acquire lawful permanent residence under the second or third employment-based preference. Here are relevant job descriptions: https://www.onetonline.org/link/summary/25-3021.00 and https://www.onetonline.org/link/summary/27-2031.00.