Tak-Ming Wong and King-Fong Wong, Yat Sum International Corporation v. Department of State and Immigration and Naturalization Service

This action concerns the validity of the revocation of nonimmigrant visas by a consular officer. Appellants Tak-Ming Wong, his wife, King-Fong Wong, and his employer, Yat Sum International Corporation, appeal from the district court’s summary judgment affirming the revocation of the nonimmigrant visas of Mrs. Wong and the Wongs’ minor children. The issues before us on this appeal are: (1) whether the Wongs failed to exhaust their administrative remedies, and (2) whether the applicable statutes and regulations authorized the consular officer to revoke the visas on the grounds asserted.

FACTS

Appellant Yat Sum International Corporation (“Yat Sum”), a subsidiary of Yat Sum Land Investment Company based in Hong Kong, employed Mr. Wong as manager of its California operations. In order to work in the United States, Mr. Wong sought to obtain for himself an intracompa-ny transferee visa, known as an L-l visa, and visas known as L-2 visas for his spouse and minor children. After the initial processing, Mr. Wong, accompanied by his attorney, flew to Pago Pago, American Samoa, to secure the visas for himself and his family. Mrs. Wong and the children did not personally appear for an…