It’s been quite a year and we closing it out by answering listener questions from 2022. In addition to revisiting episodes focusing on Coming to America, The Proposal, and 007:Goldfinger, Shai and Roderick discuss holiday shopping, their takes on Season 2 of The White Lotus, and much, much more! Plus, what’s on the agenda for 2023 episodes?
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SHOW NOTES
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
In this episode, Shai and Roderick break into song and dance as they discuss the 1978 cinematic musical sensation, Grease, starring John Travolta and Australian actress Olivia Newton-John. In particular, they try to figure out what type of U.S. visa status Newton John’s character, Sandy, an innocent Australian high school student, might have had.
The Immigration concepts they will explore include dependent visa status and permitted dependent visa status activities. Plus, Shai and Roderick talk all time big screen musicals and special guest Joanna DiBenedetto makes her return to weigh in on the cultural impact of the film.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
In today’s pre-Thanksgiving episode, Shai and Rod discuss a renowned 1978 musical featuring John Travolta (Danny) and Olivia Newton-John (Sandy): Grease! Grease is set in the 1950s, and follows the summer romance of Danny and Sandy, their unexpected opportunity to spend senior year together at the same high school, and the tumult of their relationship in the context of Danny’s greaser image and Sandy’s “good girl” nature.
After considering interesting facts about the movie, Shai and Rod turn their attention to Sandy, a foreign national character originally from Australia whose American summer break turned into a longer stretch of living (and studying) in the US with a visa. While a student exchange visa may at first seem a strong option, the movie suggests that Sandy’s whole family was living in the US.
Because of this, it is more likely that Sandy held a dependent visa corresponding to her parents’ work visas. There is a corresponding dependent visa for all primary visa holders, applying to spouses and children under the age of 21.
The best fit for Sandy’s parents would have been the E-3 Specialty Occupation Visa for Australians, which would have allowed Sandy to obtain an E-3D visa. After a discussion of favorite musicals, Shai and Rod run through a hypothetical consultation with Sandy about her options after high school graduation. She could hold her E-3D status through part of a college education, though Shai and Rod would recommend a transition to the independent F-1 Student Visa for her full college career. This would allow her more options and, after college, even permit her to apply for F-1 work authorization. When F-1 was no longer an option, Sandy would need an E-3 (or H-1) visa…unless, of course, she decided to marry Danny and get a Green Card through him!
The episode concludes with Grease hot takes with Gibney Client Services Manager and resident office pop culture aficionado Joanna DiBenedetto, as well as final comments on the negative side of Grease and an upcoming mailbag episode!
In this episode, Shai and Roderick sow their podcasting oats by celebrating Coming to America, starring Eddie Murphy as Prince Akeem. From palace life in Zamunda to tenement living in Queens, New York, our co-hosts figure out how the heir to the throne of a wealthy African nation ended up pursuing the daughter of a fast food restaurant owner, with some very questionable business practices.
The Immigration concepts they will explore include Diplomatic visas, tourist visas, and unlawful employment. Plus, Shai and Roderick consult with a special guest to discuss trademark infringement in the fast-food industry.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
Today, Shai and Roderick talk about a movie that helped inspire them to launch their podcast: Coming to America! This 1988 comedy features Eddie Murphy as Prince Akeem, a 21-year-old royal heir who is granted forty days to go to the United States, gain some life experience, and find love. The movie follows Akeem’s journey from the privilege of the palace to the “normal” life of Queens, NY, where he finds an apartment and job and takes an interest in a young woman named Lisa.
Shai and Rod discuss interesting facts about the movie and why they love it before turning to Akeem as the foreign national character of focus for the day! As a foreign dignitary spending forty days in the US, Akeem would have required a visa in order to live in the US legally.
Shai and Rod discuss the A-1 and A-2 visas for diplomats and other foreign government officials, ultimately concluding that Akeem would not have qualified for an A visa as he was not a head of state and his business in the US was non-governmental. If Akeem was a student, as he claimed, he could have qualified for an F-1 visa. But since he was not actually a student, the only option left for him would be a B-2 Tourist Visa.
While the B-2 visa works best for Akeem, it also raises a problem: B-2 status does not provide work authorization, but Akeem worked as a cleaner for fast-food restaurant McDowell’s.
Shai and Rod invite special guest Maja Szumarska, a Gibney partner focused on brand protection and enforcement, to discuss the restaurant’s IP and trademark issues with McDonald’s. They then run through a hypothetical consultation with McDowell’s owner Cleo about hiring Akeem, focusing on the importance of an accurate and complete form I-9 for legal hiring. The episode ends with Shay and Rod’s overall takeaways from the movie, and a look ahead to next month’s discussion of Sandy from Grease!
In this episode, Shai and Roderick conclude the Hasta La Visa, Baby Rom-Com Fraudulent Marriage Extravaganza Series by discussing The Proposal staring Sandra Bullock and Ryan Reynolds. Most importantly, they dive deep into what happens when a boss forces her subordinate colleague to marry her solely for the purpose of attaining a U.S. Green Card. They also bring in a special guest to talk about labor and employment law considerations of such behavior in the corporate workplace.
The Immigration concepts they will explore include the marriage based Green Card sponsorship process and the H-1B visa. Plus, did Betty White save this movie?
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Show Notes
Welcome to this episode of Hasta La Visa, Baby – a podcast that takes a deep dive into US immigration law and its relation to fictitious characters in television and film! Host Shai Dion is an immigration attorney with Gibney Anthony & Flaherty, and he is based in Los Angeles, CA. He is joined for this episode – as for all other episodes! – by his New York-based friend and colleague, Gibney Anthony & Flaherty immigration attorney Roderick Potts. Together, Shay and Roderick demystify immigration law by focusing each episode on a particular work featuring a foreign national living in the US. They discuss the show or movie, zeroing in on this character to speculate on his/her visa status and possible problems associated with living in the US, and to summarize a hypothetical law consultation with the character. The only rule? Each episode assumes the character lives in a modern-day US!
Today, Shai and Roderick discuss The Proposal, a 2009 romantic comedy starring Sandra Bullock and Ryan Reynolds. Margaret, the main character and Canadian national, lives and works in New York but has been told that her visa application was denied and she would be deported. In order to stay in the U.S., she lies to her bosses and to the immigration office about being engaged to her American colleague Andrew. Eventually, the two actually fall in love and decide to get married for real, implying that Margaret will be allowed to remain in the country.
We know that Margaret is in the U.S. working as an editor in chief of a publishing company and pursuing a visa, but we don’t know what kind of visa she could have actually had. Some visas for professional working people include the TN visa classification, O1 visa, L1 visa and H1B specialty occupation visa. The H1B visa is the most likely one for her situation and it is also one of the most popular and talked about visas in the country.
The H1B visa is filed by an employer for a candidate they want to hire. A person can qualify for the visa if they are coming to work in the U.S. for a specialty occupation. It requires at least a Bachelor’s Degree, and the specific work field has to be directly related to the candidate’s area of study. The initial visa is valid for 3 years, then the employer can file an extension petition requesting an additional 3 years. It would be reasonable to assume that Margaret’s high up position would require her to hold at least a Bachelor’s degree in something like English or communications.
Next, Robert Tracy, Labor and Employment Partner at Gibney, joins the podcast for a special crossover segment to discuss the potential blackmailing initiated by Margaret towards Andrew. Then, Roderick and Shai unpack the accuracy of the immigration issues presented in the movie. The episode wraps up with final takeaways about the movie
In this episode, Shai and Roderick analyze the Academy Award nominated and Golden Globe winning Romantic Comedy, Green Card, staring French sensation Gerard Depardieu and early 90’s darling Andie MacDowell. In addition to talking the shenanigans that the protagonist couple went through for real estate and Immigration benefits, our co-hosts wonder if this movie should be re-categorized into a new genre called Immigrom-Com.
The Immigration concepts they will explore include the marriage based Green Card sponsorship process and the possible consequences of a sham marriage for Immigration purposes. Plus, our co-hosts discuss all-time Rom-Com classics.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
After the positive response to their two-part Cultural Heritage Series, Shai and Rod decide that today’s episode will kick off another series: the Rom-Com Fraudulent Marriage Extravaganza Series!
The movie they select to start the series has perhaps the most on-the-nose name for an immigration-related film to date; the movie is the 1990 rom-com Green Card, which follows the story of Bronte, a woman seeking her dream NYC apartment, and Georges, a French tourist who has overstayed his visa.
Bronte and Georges enter into a sham marriage with the aim of helping Bronte with her real estate aspirations and enabling Georges to get a Green Card. However, when subjected to separate immigration interviews, Georges is found out and says he will concede to deportation if Bronte does not face legal trouble.
After considering interesting facts about the movie, Shai and Rod shift attention to Georges as the episode’s foreign national character of focus. They work through the actual steps of getting a Green Card through marriage to a US citizen, including entering into a legal marriage, having each spouse file necessary paperwork, providing supporting documents/evidence, and going through the process of interview and review.
The steps are depicted somewhat differently in the movie, and Shai and Rod talk through the ways in which the movie veers from reality. They share favorite rom-coms before shifting to a consultation with Georges and Bronte as a couple.
The consultation will begin with Shai and Rod trying to ascertain the legitimacy of the marriage; if they are comfortable with the marriage, Shai and Rod can move on to helping with paperwork. If not, they won’t take on Georges and Bronte as clients, but will warn of the consequences for fraud.
The episode ends with hot takes and takeaways, along with a teaser for next month’s episode on The Proposal!
In this episode, Shai and Roderick continue with part 2 of the Hasta La Visa, Baby co-host cultural heritage series. This time, they discuss all things Israel and the Middle East by analyzing the 2008 Adam Sandler comedy, You Don’t Mess With The Zohan. Yes, even Hasta La Visa, Baby has to analyze a very bad movie from time to time.
The Immigration concepts they will explore include U.S. employer I-9 obligations and foreign nationals who enter the U.S. without inspection. Plus, our co-hosts contemplate the worst movie they’ve ever seen.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
Today, Shai and Roderick discuss You Don’t Mess With The Zohan, a 2008 comedy in which Adam Sandler plays Zohan, an Israeli soldier and counter-terrorist. He is somewhat famous for the amount of terrorists he has stopped. Tired of military life, Zohan’s dream is to move to New York and work as a hairstylist. He fakes his death, sneaks into the U.S., advances his way to becoming a full-time hairstylist and marries.
Although this movie is quite inappropriate and not very entertaining, it does boast many great immigration principles. First, let’s discuss Zohan’s immigration background. We know he entered the U.S. by sneaking into JFK through the cargo bay of a plane. He then bypassed customs by hiding in a dog crate. This is what we call entry without inspection, which can have severe consequences. Based on what we see in the movie, then, Zohan could not have been legally employed in the U.S. Employers who violate the law by employing unauthorized foreign nationals could face severe violations. We are reminded that employers are responsible for ensuring their employees are authorized.
After speaking about their least favorite movies, our hosts imagine a hypothetical consultation with Zohan. In this meeting, Zohan wants to learn about his options for legalizing his U.S. residency. Sadly and unfortunately, because he snuck into the U.S. and was not inspected, there are no laws in place that would allow him to legalize his status here. He would be advised that he can no longer work in the salon and that he runs the risk of being inspected, detained and placed under court proceedings to be removed from the U.S. If that were to happen, he could be barred from ever applying for legal status in the future. He needs to voluntarily depart the U.S. ASAP, without the guarantee that he will ever be allowed to return. The episode ends with a few final (unfavorable) takeaways from the movie.
In this episode, Shai and Roderick are back in Miami to discuss historical events and U.S. Immigration principals that would have enabled cult character Tony Montana, from the Scarface, to achieve Green Card status in the U.S.
The immigration principles they will explore include the Cuban Adjustment Act of 1966 and political events that led to the Mariel Boatlift of 1980. Plus, our co-hosts debate which Al Pacino character was the most successful gangster of all time: Tony Montana or Michael Corleone?
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Show Notes
Welcome to this episode of Hasta La Visa, Baby – a podcast that takes a deep dive into US immigration law and its relation to fictitious characters in television and film! Host Shai Dion is an immigration attorney with Gibney Anthony & Flaherty, and he is based in Los Angeles, CA. He is joined for this episode – as for all other episodes! – by his New York-based friend and colleague, Gibney Anthony & Flaherty immigration attorney Roderick Potts. Together, Shai and Roderick demystify immigration law by focusing each episode on a particular work featuring a foreign national living in the US. They discuss the show or movie, zeroing in on this character to speculate on his/her visa status and possible problems associated with living in the US, and to summarize a hypothetical law consultation with the character. The only rule? Each episode assumes the character lives in a modern-day US!
Today, Shai and Roderick discuss the 1983 movie Scarface, a classic dive into the world of organized crime. Scarface focuses on Cuban immigrants, most notably Tony Montana, who came to Miami during the Mariel boatlift. It follows Tony’s rise to the top of the crime world and building of a drug empire, a journey that involves assassination, double-crossing, Tony’s own excessive drug use, and eventually Tony’s death. Even with the illustrious Al Pacino, the brash character of Tony and his saga received divided responses from critics.
One thing no one can debate, though, is that Tony was a Cuban citizen who would have needed a Green Card to live and work in the US! Shai and Rod consider whether or not Tony could have qualified for a Green Card under the Cuban Adjustment Act of 1966. Among the several requirements of this act, Tony would have had to warrant the favorable exercise of discretion; in other words, if the immigration officer on his case smelled anything fishy, Tony would likely have been denied.
Because of the holes Rod and Shai can spot in his story to immigration officials, the evidence of his criminal background, and his all-around unpleasant personality, Shai and Rod doubt Tony could have qualified for a Green Card in this way. Fortunately for him, though, his political connections got him through the immigration process, and Tony was free to move on with life as a would-be mob boss.
Rather than hosting a hypothetical consultation with Tony, Rod and Shai spend the rest of the episode deciding whether Tony or Michael Corleone was the better crime boss, sharing facts and fictions about the Mariel boatlift of 1980, and offering takeaways on everything from language and accents to questions of chemistry and overdosing!
In this episode, Shai and Roderick check out what’s going on in South Beach, Miami. Apart from the clubs, beaches, sports cars, and Mojitos, they discuss what kind of U.S. Immigration regulations could have enabled the loveable character known as Agador, from the 1996 comedy The Birdcage, to achieve legal status in the U.S.
The immigration principles they will explore include key provisions of The Immigration Reform and Control Act of 1986. Plus, our co-hosts reminisce about their own drag club experiences and bring in a special guest for some rapid fire hot takes and to break down the awful and selfish behavior of the characters known as Val and Barbara.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
Today, Shai and Roderick discuss The Birdcage, a 1996 comedy featuring an ensemble cast. The film follows an openly gay couple, Armand and Albert, living in Miami, who attempt to hide their sexuality in order to impress their future conservative in-laws. After sharing interesting facts about the movie, Shai and Roderick shift their focus to the character Agador, a 20-something gay houseworker employed by Armand and Albert. Agador is originally from Guatemala, though his parents immigrated with him to New Jersey so he could have a better life and a career.
We can infer that Agador was brought to the U.S. in the 1970s or 80s due to his age. But, before discussing Agador’s potential visa issues, Shai and Roderick discuss political events in Central America during this time period.
From the 1960’s through the 1990’s, there were numerous civil wars in Central America. In particular, in 1960 Guatemala, a 36-year civil war began as left wing guerrilla groups began battling government military forces. These civil wars were marked by abductions, executions, disappearances and unspeakable violence waged against innocent civilians. Many Guatemalens escaped the country by traveling to Mexico, then crossing the border into the United States. The Immigration Reform and Control Act (IRCA) of 1986, was signed by President Reagan and granted citizenship to 2.7 million undocumented immigrants. If Agador and his parents migrated to the U.S. prior to January 1st, 1986, they could have been eligible for legalization through IRCA.
In a hypothetical meeting with Agador’s parents, Shai and Roderick would give them the rundown on everything they would need in order to apply for IRCA and hopefully become green card holders and then U.S. citizens.
The episode wraps up as Shai and Roderick are joined by Gibney Case Manager, Adam Menninga for final takeaways and hot takes
In this episode, Shai and Roderick figure out what type of U.S. visa one of the most famous henchman in the James Bond franchise would have needed to act as Servant, Chauffeur, Caddy, and Body Guard to all-time great Bond Villain, Auric Goldfinger.
The visa principles they will explore include the B-1 Domestic Service Worker Visa. Plus, our co-hosts count down the best Bond movies ever made, give their recommendations for the next actor to play James Bond, and talk James Bond watches and cars.
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Show Notes
Welcome to The Hasta La Visa, Baby podcast, a deep-dive into the relationship between U.S. immigration law and fictitious characters from some of your favorite television shows and movies. Hosted by Gibney Immigration group attorneys Shai Dayan and Roderick Potts, each episode focuses on a particular character from a well-known show or film and guides listeners through an in-depth and entertaining exploration into the possible U.S. visa status that the featured character may have held while in the U.S. Listeners will learn about key immigration considerations through the prism of the fun and fictitious worlds presented in television and film.
Today’s episode takes on a classic, all-time great movie: Goldfinger! Goldfinger (1964) is the third movie in the James Bond series, the first movie in which Bond requests his signature martini “shaken, not stirred,” and the template for what we consider the quintessential 007 film to be. The movie focuses on the conflict between Bond and Goldfinger, a gold smuggler. From a woman killed and painted gold to a Fort Knox showdown and the threat of radiation, the movie follows the twists and turns of Bond’s work to defeat Goldfinger. While both Bond and Goldfinger would have needed visas to be in the US for the events that transpired there, Shai and Roderick choose to focus their attention as immigration detectives on another character: Goldfinger’s “manservant” and arguably the most famous Bond movie henchman, Oddjob.
Shai and Roderick think that the most likely visa for Oddjob is the B-1 Domestic Service Visa. This visa is appropriate for a variety of service roles, including Oddjob’s butler-type job.
To qualify for the B-1 visa, an applicant needs a sponsor and a contract outlining acceptable stipulations for work. If working for another foreign national, the B-1 recipient can only stay in the US as long as the employer does, and otherwise the visa term can be up to a year at first and extended for 6-12 months at a time after that.
In their hypothetical consultation with Oddjob, Shai and Roderick talk him through his options to stay in the US for the longer term, and explain how Oddjob’s criminal activities endanger his immigration status. They leave listeners with their top three 007 movies, Goldfinger takeaways, and a hint of next month’s episode on The Birdcage!
It’s time to check the pulse of Hasta La Visa, Baby fans by answering listener questions. In addition to revisiting episodes centering on The Sopranos, The White Lotus, Friends, Austin Powers, and The Karate Kid, Shai and Roderick share their insights regarding a variety of visa categories. Plus, do cats and dogs need visas to get to the U.S.?
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Show Notes
Welcome to this episode of Hasta La Visa, Baby – a podcast that takes a deep dive into US immigration law and its relation to fictitious characters in television and film! Host Shai Dyan is an immigration attorney with Gibney Anthony & Flaherty, and he is based in Los Angeles, CA. He is joined for this episode – as for all other episodes! – by his New York-based friend and colleague, Gibney Anthony & Flaherty immigration attorney Roderick Potts. Together, Shai and Roderick demystify immigration law by focusing each episode on a particular work featuring a foreign national living in the US. They discuss the show or movie, zeroing in on this character to speculate on his/her visa status and possible problems associated with living in the US, and to summarize a hypothetical law consultation with the character. The only rule? Each episode assumes the character lives in a modern-day US!
For their first episode of 2022, Shai and Roderick answer questions from listeners in this special mailbag episode! To begin, Carl from Brooklyn wonders about the immigration rules regarding bringing pets into the U.S. from overseas. As mentioned in a previous episode, Dr. Evil from the Austin Powers trilogy brought his beloved cat Mr. Bigglesworth. Pet migration is actually not regulated by immigration services, but rather by the CDC. Pets are required to be healthy and dogs to be vaccinated against rabies before arriving in the U.S., but there are not really any other restrictions.
Next, Tina from New Jersey wonders if Paolo from Friends could have kept his green card if he married Rachel, but divorced her later. If he could prove the marriage was legitimate at the time it was entered into, his green card should be safe. Then, Suzanne from Chicago wonders: After somebody with a visa passes away, does anyone have to notify the U.S immigration authorities?
As per Shai’s knowledge, the regulations for this are unclear, though it would be courteous of the person’s former employer to let them know. Adina from Vancouver asks if Furio from The Sopranos could have changed his status after his H-3 training program ended. If he had found other employment and a company to sponsor him, Roderick explains, he probably could have changed his status.
Shai and Roderick then identify the one thing they would most like to change about U.S. immigration law given the chance. In short, they both want more equality in the system. Chad from Kentucky asks our hosts to share a few of their well rounded hobbies outside f immigration law and movies. For the last question of this mailbag episode, Jenny from Omaha wonders which character previously discussed on the show Shai and Roderick would most like to hang out with.
As the episode wraps up, Shai and Roderick again urge listeners to contact them or submit questions for a future mailbag episode at hastalavisa@gibney.com. Finally, they ask which character from James Bond listeners would most like to hear discussed in the next episode!
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