Ha ha ha. What a bizarre application. Thanks, P. Don Ron. That was fun reading.
So let's get this straight. The Scientologist entered the USA on a B-1 visa (business visitor) in 1994 for "a personal religious retreat seeking spiritual renewal." Uh... does that mean she wanted to do auditing in the USA? Or she was a BUSINESS visitor. Uh... which is it?
B-1 Visa is Suitable For:
Participants to attend scientific, educational, professional, business, or religious conventions
Persons to work on specific projects in the U.S. and paid by a foreign employer
Business professionals to participate in commercial transactions (which do not involve gainful employment) such as negotiating contracts and consulting with business associates
Persons to undertake independent studies such as feasibility studies, market research or any such activity
Persons to attend professional or business conferences, workshops, or seminars
Business professionals to explore possibilities to set up a subsidiary of a foreign corporation, or to make investments
Personal or domestic servants to come to the U.S. with a U.S. citizen or nonimmigrant employer on B, E, F, H, I, J, L, M, O, P, R, or TN status
Technical personnel to install or service equipment pursuant to a contract of sale, or to provide after sales service
Business professionals to attend meetings as a member of the Board of Directors of a U.S. corporation
Persons to observe business, professional, or vocational activity as long as it does not involve any hands-on activity
Professional athletes to compete for tournament money and not for a salary
Professionals to conduct business consultations with business associates in the U.S.
Purchasing agents of a foreign employer to come to the U.S. to procure goods, components, or raw materials for use outside the U.S.
Foreign business persons coming to the U.S. in conjunction with Litigation
Persons rendering professional services in the U.S. that would otherwise qualify them for an H-1B visa, but who are paid for those services by a source outside the U.S.
Persons employed outside the U.S. who are paid from abroad, and who come to the U.S. to undertake an established training program that would qualify them for an H-3 visa
Employees of foreign airlines who are engaged in productive employment in the U.S. and paid in the U.S. who are not eligible for E-1 treaty trader status
Other persons such as for bona fide religious missionaries and crew members on yachts
Special situations involving Canadians and Mexicans such as Canadian truck drivers who are paid by either Canadian or U.S. firms and who transport commodities across the Canadian Border
Foreign companies to send their personnel to the U.S. to install or service equipment pursuant to a contract of sale or to provide after sales service
U.S. companies to bring foreign business consultants for training or expert advice
U.S. universities to bring foreign guest speakers or lecturers
Then the person "has been in this way on a sabbatical leave for personal redemption
on a full time basis over the past several years." (1994-2001?)
Uh... that sounds like the RPF
Then they want to apply for a "Special Immigrant Religious Worker".
Now the person is going to go for training (supervisor and ESTO training) and THEN be sent outside the USA for some things.
Uh... the IMMIGRANT visas are for people wanting to immigrate TO the USA... not emigrate FROM the USA.
CofS had this one wrong side to the entire time, and deserved this appeal being denied/dismissed.
Thanks, P. Don Ron, for the entertaining task of reading these ludicrous arguments from CofS.