As an alien in the United States on a non-immigrant visa, Bieber is excludable at entry to the United States each time he seeks to enter for a particular musical engagement. Of note the O non-immigrant visa is for temporary visits of specific duration and specific purposes, such him giving a concert. It is not a visa that allows him to enter to live in the United States. As a Canadian though he does not need a visa to enter for general business purposes or tourism.
However, the standard for refusing Beiber entry is much lower than that of an LPR. In fact, Beiber's multiple arrests for drugs and other public information about his drug use makes his entry to the United States illegal. The Immigration and Nationality Act, as amended, section 212(a) spells out charges of inadmissibility, and one of those charges is 212(a)(1)(A)(iv) that precludes drug addicts or users from entering the United States.
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) Health-related grounds.-
(A) In general.-Any alien-
(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.
No conviction is necessary for this exclusion charge to be used the next time Beiber attempts to enter the United States. His previous public admissions, his confession to police in Florida, or other public information is sufficient.
However, U.S. Customs and Border Protection (CBP) recently, just today, inspected Justin Beiber and admitted him as a non-immigrant, either on his O visa or without a visa, as Canadians don't need a tourist visa.
CNN February 1, 2014 By Susan Candiotti, Shimon Prokupecz and Chelsea J. Carter
Teterboro, New Jersey (CNN) -- Pop star Justin Bieber was granted re-entry Friday into the United States following a search of his private airplane by federal officials who said they detected an odor of marijuana after it landed in New Jersey, a law enforcement official told CNN.
The plane carrying Bieber and others -- presumably his entourage -- was clearing customs after touching down at Teterboro Airport when U.S. Customs and Border Protection officers said they detected the odor, law enforcement sources said...
Bieber's interview was described by another law enforcement source as one that is carried out for anyone entering the United States, and that it can take 10 minutes or 10 hours. The interview is routinely conducted to ensure people entering the country are in compliance with U.S. law, the source said.
Bieber was interviewed for several hours before being cleared to enter the United States.
The plane sat on the airport tarmac for at least four hours, and CNN saw law enforcement officers getting off the plane.
Now the odor of marijuana should have been enough to refuse his entry. However, it is clear that the Obama Regime ordered that he not be refused. But given his series of arrests and drug use, he should have been refused given that he lacks the good moral character to be a visitor to the United States, and needs a waiver of the grounds of inadmissibility given his drug use. But enforcement of this provision of immigration law is unlikely from President Choom Gang.