In one of the most publicised immigration arrests this year, Grammy–nominated rapper 21 Savage (real name She’yaa Bin Abraham-Joseph) has been arrested in Atlanta by US Immigration and Customs Enforcement (“ICE”).
It was alleged that the 26 year old had been living in the country illegally for most of his teenage and adult life. The arrest, quickly drew ire from many within the music industry and will likely preclude Savage from attending the Grammys this Sunday night. He collaborated on Post Malone’s hit “Rockstar,” which is nominated for record of the year, while his own successful second solo album, I Am > I Was, debuted at number 1 on the Billboard 200 album charts in December, 2018. Since arriving in the US, Abraham-Joseph has been living in the Atlanta area. The revelation that he is British has come as a surprise to many in the music industry, as well as to his fans.
Abraham-Joseph was born on October 22, 1992 in Newham, a borough of London, according to a birth certificate from a registry office in London. His attorneys say he entered the US legally in 2004 at the age of seven under an H-4 visa. He remained in the United States until June 2005, when he departed for approximately one month to visit the UK. He returned to the United States under a valid H-4 visa on July 22, 2005. ICE alleges that Abraham-Joseph has been living in the US illegally since that visa ran out in 2006.
It is believed that Abraham-Joseph may have ended up on ICE’s radar after he applied for a U visa in 2017. A U visa is a non-immigrant visa that’s reserved for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials. His application may be related to an incident in 2013 when he was shot six times on his 21st birthday. The Department of Homeland Security estimates that an immigrant can wait as long as three years or more before even being placed on the waiting list for a U visa. The United States Citizenship and Immigration Services (the “US Immigration Services”) can only accept a maximum of 10,000 U visa applications per year and it currently has a huge backlog. As of 2017, there were more than 190,000 cases pending.
Like many so-called “Dreamers”, the rapper’s lawyers argue that as Abraham-Joseph was a minor at the time he and his family traveled to the US and ultimately overstayed their visas, he should not be held liable for the fact that he was left without legal status through no fault of his own. The fact of the pending visa application may be also be used as evidence of an intention to correct the oversight and his desire to make things right.
The law is on the federal government’s side in that any immigrant convicted of a crime in the US can prima facie be deported, including any foreign national living and working in the US with a lapsed non-immigrant visa. Because Abraham-Joseph pled guilty to a felony while he was in the US, the federal government is of the opinion that he essentially forfeited his rights by violating the conditions of his visa and the law of the land. His other violation was, overstaying his visa in the first place. The lawyers also argue that ICE’s arrest was based upon incorrect information about Abraham-Joseph’s prior criminal charges. They have suggested that because his felony record had been expunged, it should not be used as evidence in the latest arrest. This is a murky area however as different states have differing meanings as to what it means to expunge a criminal record. Under immigration law, the evidence of a prior criminal conviction record, whether expunged or not, is not taken lightly.
His lawyers will likely seek a Cancellation of Removal from an immigration judge, which would mean Abraham-Joseph could potentially apply for a green card even as an undocumented immigrant. The criteria that needs to be met in this instance are quite stringent, particularly for someone with a criminal record. The rapper may seek to rely on his well-known charitable work to provide support for his application. Also helpful is the fact that he has strong ties in the US, including three children who were born there to a mother who is a lawful permanent resident.
Abraham-Joseph also has several other “qualifying” relatives already living in the US according to the terms of the U visa application. This could lead his attorneys to consider an I-601 waiver, which is designed specifically for anyone seeking an immigrant visa or an adjustment to their current immigrant status, even if that status is “inadmissible.”
Many celebrities also opt for the P1 work visa, which is available to anyone with “extraordinary ability.” While applicants for these visas are often in the arts, they don’t have to be: an athlete or even a scientist could apply for the P1 work visa, provided they are recognised for their acclaim worldwide.
Right now, Abraham-Joseph’s best chance is for the US government to consider granting him at least a temporary stay while his U visa application is reviewed. He may also want to show the court that his relatives would suffer extreme hardship if he were to be deported. Having proof of employment like a record contract could also work in his favour.
If approved, the US Immigration Services would grant him a new U visa for four years. He would also have the right to apply for Lawful Permanent Residence three years from the start date of this new visa. This application could lead to his becoming a lawful American citizen if he so chooses. Conversely, if Abraham-Joseph is deported, he could face a ten-year ban on returning to the US. Deportation could also make it a lot more challenging for Savage to apply for a new visa or permanent residency in the States in the future.
