I would say your wife was a bit too talkative. Always one only answers questions asked and does not offer additional information unless it is to show documentation.
I'm sorry I cannot accommodate your needs.
I have a law practice with clients booked weeks in advance so I have to keep those commitments.
I do not know if you took with you a print out of the FAM as per my reference to request a supervisor to review the FAM section in direct response to the consular officer stating lack of strong ties and no intent to return.
Deed to home residence, copy of bank financials and evidence of husband's employment and he is remaining in home country.
The FAM clearly indicates it is meant for the ability to stay long term with the household family member.
In addition the Customs and Border Patrol Inspector's Field Manual does allow entry for up to one year in circumstances where the B2 alien is accompanying a minor student entering on an F1. The example given is of a dependent parent or domestic partner not entitled to the dependent visa classification and would apply equally to parent of a minor student. So contrary to the consular officer's statement about denied entry, if your wife showed a copy of the child's I-94 entry would not be denied as per their Field Manaul.
Obviously this consular officer was inexperienced and did not know the FAM or CBP inspector's field manual.
See page 50
(2) Classification: B-2 Visitor for pleasure. Documents required: Passport valid for a minimum of 6 months beyond the period of admission, unless otherwise provided for or waived. Nonimmigrant visa (B-2) unless waived. Qualifications: Has a residence in a foreign country which the alien does not intend to abandon. Subject to all nonimmigrant grounds of inadmissibility. Intends to enter the U.S. for a temporary visit. Will engage in legitimate activities relating to pleasure. Has made financial arrangements to carry out the purpose of the visit to, and departure from, the United States. Terms of admission: Maximum admission is 1 year. If admissible, a B-2 is generally admitted for 6 months. Notations on I-94: B-2, (date to which admitted). Special notes: (A) Minimum admission period. Unless specifically authorized by a supervisory inspector, the admission period shall be no less than 6 months. (B) Determining eligibility. If otherwise admissible, admit the following as B-2: (1) An alien coming for purposes of tourism or to make social visits to relatives or friends; (2) An alien coming for health purposes; 50 CBP Inspector’s Field Manual (3) An alien coming to participate in conventions, conferences, or convocations of fraternal, social or service organizations; (4) An alien coming primarily for tourism who also incidentally will engage in a short course of study; (5) An amateur coming to engage in an amateur entertainment or athletic activity, even if the incidental expenses associated with the visit are reimbursed; (6) A dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned to duty in the United States; (7) A dependent of a category “D” visa crewman who is coming to the U.S. solely for the purpose of accompanying the principal alien; (8) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien, if the purpose of the visit is to accompany or follow to join the spouse or parent for a temporary visit; (9) A dependent of a nonimmigrant who is not entitled to derivative status, such as in the case of an elderly parent of an E-1 alien, or a domestic partner (Revised by CBP 3-04); (10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage; (11) An alien coming to meet the alien’s fiancé(e)’s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse); (12) A spouse married by proxy to an alien in the U.S. in a nonimmigrant status who will apply for a change of status after consummation of the marriage; (13) An alien who is entitled to the benefits of section 329 of the Act (Naturalization) and who seeks to take advantage of such benefits irrespective of the foreign residence abroad requirement of section 101(a)(15)(B); (14) A dependent of an alien member of the U.S. Armed Forces who qualifies for naturalization under section 328 of the Act and whose primary intent is to accompany the spouse or parent on the service member’s assignment to the United States; (15) An alien destined to attend courses for recreational purposes; or (16) An alien seeking to enter the U.S. in emergent circumstances, when he or she is otherwise entitled to lawful permanent resident status. For example: a permanent resident alien employed by a U.S. corporation is temporarily assigned abroad but has necessarily remained more than 1 year and may not use Form I-551 in order to travel to the U.S. for an emergency and then return abroad. The alien has never relinquished permanent residence, has continued to pay U.S. income taxes, and perhaps even maintains a home in the United States. The alien may be issued a nonimmigrant visa for this purpose and Form I-551 need not be surrendered
NOW HERE IS THE MOST IMPORTANT GUIDANCE ON THIS ISSUE FROM USCIS
There are also circumstances when it may be inconvenient or impossible for spouses or children of principal nonimmigrant aliens to apply for the proper derivative status. These aliens may seek B-2 visas, or change their status to B-2, to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-1, etc.). Department of State (DOS) guidance provides for issuance of B-2 visas to these household members. See 9 FAM 41.31 N14.4. DOS guidance directs consular officers to notate the B-2 visa with the principal nonimmigrant’s visa type and duration, and to advise the B-2 visa holder to seek admission for one year at the point of entry if the B-2 visa holder plans to stay in the United States more than 6 months. Applicants may also seek extensions in six month increments from the Department of Homeland Security (DHS) for the duration of the principal alien’s nonimmigrant status. See 8 CFR 214.2.
In conclusion, your spouse makes another visa appointment and prints off the links to the
1. Foreign Affairs Manual and highlights the pertinent parts
2. Prints off the Customs and Border Protection Field Manual and highlights the pertinent part
3. Prints off the USCIS Guidance Memorandum dated Aug 11. 2011 highlighting the pertinent parts.
Takes with her her return ticket for December.
Takes with her Copy of household deed; Employment letter for husband indicating when he commenced employment with the company, and that he is not taking leave to accompany his minor student son to the US to attend high school and will be remaining on the job.
Your son needs to have an address in LA where he will stay with his sponsor family. It was my understanding that he has such there from the first post here.
It is obvious the consular officer was looking for an any opportunity to deny the visas. With great deference and humility your wife is to request that she have a supervising unit chief look at the application because the grounds given by the consular officer during the first interview were totally contrary to the FAM; CBP Field Manual and USCIS Policy Memorandum. In addition, consideration must be given to the compelling evidence of intent to return such as maintenance of residence in home country; strong financial ties; and spouse/father remaining in home country at position of employment which he has long history of.
If the 2nd visa is refused you will ask the supervising officer to request an Advisory Opinion from the Visa Office in WDC because the decision is contrary to the regulations of the State Dept; Customs and Border Patrol and USCIS published policy on this direct issue.
If they refuse you will yourself have to request an Advisory Opionion.
Send the request by DHL or other fastest courier service
Here is the address for the Advisory Opinion and the format the request has to take:
Chief Advisory Opinions
DOS Office of Legislation, Regulations and Advisory Assistance
VISA OFFICE INQUIRY FORM
Date of Inquiry:
Nature of Inquiry:
Post Procedure Response?
Have you contacted post directly?
Phone? Mail? Fax? E-Mail?
Name of person you contacted (if known):
Attach correspondence, if any:
Full Name(s)*, Nationality, and Place and Date of Birth of Foreign National:
Current Visa Status in U.S., if any:
Type of Visa:
IV Case Number:
NIV Appointment Number:
I have put in one hour and 38 minutes in drafting this response per your request. It is well beyond the general information JA answers are meant for. I would sincerely ***** ***** considering a bonus in addition to the value you placed on this question. Keep in mind experts only receive a small percentage of the fee you pay Justanswer the website.
I have no control on visa issuance. I do have the years of expertise and knowledge of how to now approach the new interview and the right to request review by a unit chief or the Consul General. I apologize that I could not accommodate your schedule but I too have a schedule to keep.
Let me know how further I can be of assistance.