Subject: CND-US, August 3, 1993

From: [email-masked]
Date: Tue, 3 Aug 1993 02:36:25 -0500

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                               (US Regional)

                           Tuesday, August 3, 1993

 (See Items 5-10 for Info about Late-Arriving CSPA Dependents Apply for PR)

+--------------------------------------------------------------------------+
| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has basically no overlap with the daily news.   CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
+--------------------------------------------------------------------------+

Table of Contents                                                 # of Lines
============================================================================
1. Advocates Urge Better Treatment of Immigrants ........................ 52
2. The Situation in Chinese Student Community Is Deteriorating Rapidly
   Because of CSPA Issues -- Letter from a Reader; CND's Note ........... 70
3. The 3rd Int'l Workshop on Geographic Information Systems in Beijing .. 26
4. Job Openings (2 items) ............................................... 45

                     CND-US CSPA Information Exchange
                     --------------------------------
   Please contact the e-addresses provided in each news item for more info.
   Due to the limit to our manpower resource of VOLUNTEERs, we are unable
   to take ANY questions, nor provide personalized service in this regard.

5. Some INS Local Offices Accept Late-Arriving Dependents' PR Application
   Under E-3, Some Don't -- Readers' Reports on CSPA LADs' Filing ....... 55
6. A LADs' Network Has Been Established .................................. 5
7. About CSPA Dependents Who Are Now in China - How to File Form I-824 .. 20
8. Text of INS Central Office Cable to Local Offices about CSPA LADs ... 120
9. Some Relevant Issues on the INS Cable about CSPA LADs
   -- Zhao Haiqing/NCCA News Release .................................... 90
10. Meeting with INS Concerning Late-Arriving Dependent Adjustment
    Application & Other CSPA Issues - Zhao Haiqing/NCCA's News Release . 275

   For more relevant information on how to fill out INS forms, how to prepare
   required documents etc, see CND-US CSPA Info Exchange Packages back issues
   and CND-US CSPA Info carried in July, 1993 issues.  They are available by
   anonymous ftp from CND.ORG (IP#: 132.249.229.100) in directory
   pub/InfoBase/CSPA.
============================================================================

----------------------------------------------------------------------------
1. Advocates Urge Better Treatment of Immigrants ........................ 52
----------------------------------------------------------------------------
Forwarded by: A CND Reader
Source: UPI, August 1, 1993

LOS ANGELES -- A state lawmaker and immigrant-rights groups charged Sunday
that some politicians are using illegal aliens as scapegoats for Southern
California's economic hardships.

They also blasted the U.S. Immigration and Naturalization Service's recent
sting operation, which resulted in the deportation of 45 foreigners promised
work permits.

Assemblyman Richard Polanco, Democrat from Los Angeles, said the INS action
is misleading and sets a dangerous precedent.

"Now you've got a government entity saying it's all right to lie" to people,
Polanco said.

Advocates said the INS should be split into two entities: immigration and
public service. They said the federal agency is confusing its duty to deport
aliens with its duty to help immigrants achieve residency.

The advocates also said illegal immigrants are being unfairly blamed for
Southern California's lingering recession.

"The problem here isn't too many immigrants, it's economics," said Angelo
Ancheta of the Coalition for Human Immigration Rights of Los Angeles. "The
easiest people to attack are immigrants."

The advocates also lambasted U.S. Senator Barbara Boxer's recent efforts to
install National Guard troops on the U.S.-Mexico border to supplement INS
forces.

The ad hoc coalition said it wants to see immigrants' rights upheld, regard-
less of residency status. They said the sting operation breeds mistrust and
miscommunication, which causes more problems. And if the government is
perceived as cracking down on illegal immigrants, it may encourage violent
acts against minorities.

The Los Angeles Times reported Saturday the INS sent out more than 600
letters that promised one-year working permits to illegal residents if they
reported to the Federal Building July 20. Authorities arrested the 60
individuals who responded to their letters, and deported two thirds of them.

INS officials defended their actions, which were approved by their superiors
in Washington. They said the deported people were previously notified that
they were in this country illegally and must leave.

But advocates disagreed. Burt Corona, spokesman for the National Mexican
Brotherhood, said several people shipped out of the U.S. in July were here
for legitimate reasons, such as helping sick relatives.

In addition, advocates said, some of the people forced to leave the U.S.
were in the middle of appealing their deportations.

The U.S. Census Bureau says 38 percent of all Los Angeles residents were
born in a foreign country. The figure is 22 percent for all Californians.

----------------------------------------------------------------------------
2. The Situation in Chinese Student Community Is Deteriorating Rapidly
   Because of CSPA Issues -- Letter from a Reader; CND's Note ........... 70
----------------------------------------------------------------------------
>From: X. L. Li <[email-masked]>  July 31, 1993

The situation in Chinese Student Community (CSC) is deteriorating rapidly.
Hostility between those who came after the protective deadline and those who
came before is being nurtured. A "civil war" seems imminent. The sparkling
event, as is known to all, is CSPA.

It will be a tragedy for CSC to turn back to each other only because of the
duration of their stay in the US. We, as an ethnical group in the US, is
already overwhelmed with our survival in this continent especially during the
present time when a ever-growing anti-immigration resentment is casting
shadow over our future. Only a community coherence and a strong ethnical unity
will help us as a whole to go through the harsh times. No need to say that our
government back at home will be more than happy to see us to split into
factions which certainly will weaken our voice for democracy in China.

So briety is needed for the whole community, especially for those late
comers. As a late comer myself, I share all the frustration and anguish. I
felt being cheated by the Chinese government in 1989 and I feel being
betrayed again by those who pursue their own political interests in the name
of ours in the US. However, we can't take all the early comers as our
enemies only because they have access to the oppurtunity to adjust their
personal status while we don't. Blind hatred is self-destructive and will
harm all of us. Lincoln said:" We can't help the poor by destroying the
rich." Same logic applies here. Many of us were generously helped by the
early comers when we just arrived this strange land. As individuals, they
din't hold responsibility for the unfairness.

Who is responsible for present crisis? HQ of IFCSS. The late comers were
silent when they were supposed to. During the whole process of the
legislation of the protective bill, no late comers voiced a protest against
the strenuous lobbying efforts made by the HQ of IFCSS. We kept our mouth
shut because we trusted IFCSS and hoped it would take care of our concerns.
But it didn't. After the bill went into effect, we did not protest but only
tried to contact HQ of IFCSS to tell it our worries in the hope it would
show some sympathy over our dilemma. But it didn't. When we felt that our
voice might be too weak to be heard by the HQ of IFCSS and appealed to the
public for help, it did break silence, but only in an arrogant way. In the
two open letters issued by the HQ of IFCSS, there were no signs of sincerity
and serious consideration of our concerns. The present anger among the late
comers is irritated by the HQ of IFCSS. If it had reacted slightly less
indifferently and a little bit more sympathetically toward the constant
requests from the late comers, they would not have been so mad and
disappointed now. The leadership of IFCSS has been greatly discredited by
the HQ's irresponsility, evasiveness and arrogance.

What is the role CND-US played in this crisis? As an equal forum for CSC, it
uncovered the crisis but not comprehensively. To many late comers, CND seems
associated with IFCSS in some way and stuffs up the channels for them to
send out their messages. I don't believe such allegation is true but I think
it is not sensitive to the significant event. It just failed to sniff the
explosives in the situation.

In closing, I hope the late comers could restrain their anger and do their
part to avoid a split in CSC. I wish HQ of IFCSS could be a little be more
serious about its responsibility in sovlving the present crisis. But I doubt
whether it would do so.

Li. X.L.

--- --- ---

CND's Note: CND is an independent news organization and is not associated
            with any other political/non-political organizations. CND's purpose
            is to provide China/CSS related news/information and at the same
            time to serve as a communication channel for the Chinese
            community.  CND is not an open forum as some of our readers might
            have perceived.

            We believe that CND has been providing the coverage of later
            comers related news/information in its best capacity, although
            there have been some misunderstandings of CND by some parties/
            persons involved.

            As always, CND welcomes our readers, particularly late comers to
            recognize this channel to facilitate communications among overseas
            Chinese community.

----------------------------------------------------------------------------
3. The 3rd Int'l Workshop on Geographic Information Systems in Beijing .. 26
----------------------------------------------------------------------------
>From: Hui Lin <[email-masked]>
Source: AEIC News Release #2030

     The Third International Workshop on Geographic Information Systems
                        19th - 22nd August 1993
                             Beijing, China

Organized by

        State Key Laboratory of Resources and Environment Information
        System, Chinese Academy of Sciences and State Planning Commission

Sponsored by

   National Natural Science Foundation of China
   Geographical Society of China
   National Remote Sensing Centre of China
   Bureau of Resources and Environment Science of CAS
   National Lab for Information Engineering in Surveying, Mapping and
      Remote Sensing, Wuhan Technical University of Surveying and Mapping
   National Center for Geographic Information and Analysis, the
      State UNiversity of New York at Buffalo, USA
   Association of Chinese Professionals in Geographic Information
      Systems (abroad), Buffalo, USA

Workshop Organization

Chairman                Shupeng Chen, Professor, Academic member of CAS
Local Arrangement       Huiguo Li, LREIS, China
Secretariat General     Jiangbang He and C.H. Zhou, LREIS, China

----------------------------------------------------------------------------
4. Job Openings (2 items) ............................................... 45
----------------------------------------------------------------------------
Source: AEIC News Release #2030

(1) From: [email-masked] (Maria Bartelt)

SYSTEMS ANALYST I - Ames Laboratory (12 month, full-time) Work in the
information systems dept. of the Ames Lab, be responsible for ensuring the
availability of Local Area Network (LAN) resources to the users, and
maintaining these LAN resources at their maximum operational level. Specific
responsibilities will include: resolve compatibility and connectivity issues
between HP3000 IX, VAX, and network operating system (NOS) and assure
protocols on all systems will communicate correctly; train users to access
and use the network and its applications; implement and maintain a backup
procedure for files stored on the network; set up a strategy for storing
files to guarantee the security of data; prepare, implement and maintain a
Disaster Recovery procedure for network users; investigate hardware and
software requirements for printing network and spooled files; and provide
proactive support to assure continuous access to the network.

REQUIRED: B.S. in computer science or related field plus three years
experience. Applicant must have experience networking PC's in a LAN
environment and have experience with PC software/hardware. START DATE: As
soon as possible.

SALARY: $26,935 minimum.

APPLICATION: Send cover letter, resume plus the names and addresses of three
references to: Ames Laboratory, Personnel Office, 127 Spedding Hall, Iowa
State University, Ames, IA 50011.
                              ___  ___  ___

(2) From: [email-masked] (auguste b. el-kareh)

ALCEDO is a small high tech company located in Sunnyvale, California the
heart of Silicon Valley (about 40 miles South of San Francisco) We recently
hired a Ph.D. from the University of California Riverside who responded to a
similar ad on the young scientist network. We now have an opening in
software engineering. We are primarily interested in a person who knows how
to talk to computer equipment in C language and assembly language. Our
company manufactures electron beam substrate testers to test] multichip
modules and flat panel displays. The equipment is very sophisticated and
requires software to command all the functions of the system. The software
commands the XY stage, the robots for loading and unloading the substrates,
the electomagnetic lenses, etc. The software should also analyze the
incoming data from the electron beam to select the defective substrates. A
person with either Ph.D. or M.Sc. is welcome to apply. You can contact us
with e-mail under [email-masked] You can send a fax using the following
number (408) 736-3388 You can call (408) 736-0200 You can write to Alcedo
1050 Stewart Drive Sunnyvale, California 94086-3916 Address all inquiries to
either Dr. Auguste B. El-Kareh or Dr. Wayne Lo.

----------------------------------------------------------------------------
5. Some INS Local Offices Accept Late-Arriving Dependents' PR Application
   Under E-3, Some Don't -- Readers' Reports on CSPA LADs' Filing ....... 55
----------------------------------------------------------------------------
>From: Jianxiong Song <[email-masked]> Date: Sun, 1 Aug 1993

I went to Detroit INS last Thursday to ask about the status adjustment of LAD.
My wife and my daughtor were F-2. I talked to the information lady and she
knows nothing about that. But she nicely called the national INS for further
information. Then she came back to me and gave me I-485 package and told me
that latest 2 hours news your F-2 dependents are erigible for applying PR.

--- --- ---
>From: Jie Yang <[email-masked]>  Date: Sun, 1 Aug 1993 13:27:00 EDT

Some students here at FSU and I went to  the local INS office last
Friday to do finger  printing stuff and search for the information
for LAD to apply for PR.  Unfortunately, the only lady working there
She  said there will be some instructions regarding that issue
come out soon.

--- --- ---
>From: [email-masked] Date: Mon, 2 Aug 1993 15:26:00 EDT

I just returned from the Boston INS office for the PR application for late-
arriving dependents. Everything went smoothly. They accepted the applications
without a fuss, and issued the A numbers for the LAD. The LADs were asked to
do the finger print on the spot. Please note, it appeared that not every
INS officer had learned about the instruction from the INS Headquarters to
process the LAD applications. Also, the LADs have to apply in person. Good
luck everybody!

--- --- ---
>From: ****@****.geo.utexas.edu Fri Jul 30 13:39 CDT 1993

        I went to INS southern center at noon today and spoke to an
immigration officer on the LAD's PR application.  She said the INS will
NOT accept any application before the CSPA principal get the green card.
She also said although the Info released by IFCSS was endorsed by Ms. Rita
Boie, Senior Immigration Examiner of the INS, "it is not a law.  " Besides,
the Infor "was not written by INS." She also indicated that the LAD would
wait for at least  two years to get PR the same way as applicants from other
countries.

        Could IFCSS  straights things out so that we can be less confused?

--- --- ---
>From: <[email-masked]> Date: Mon, 2 Aug 1993 15:56:16 CDT

The INS in Chicago refuses to accept LAD's application.  They said they can
not do anything before they have official notice from INS HQ. They also
refuse to give any forms to LAD applitant. They said LADer must wait for the
approve notice for princepal's application, then apply PR on family baseed
2nd preference. They deny that LADers can apply for PR on EBP 3rd so-called
following-to-join.  F-2/J-2 will loss  their status according to INS, on one
hand. But, on the other hand, INS refuses to accept their application.

----------------------------------------------------------------------------
6. A LADs' Network Has Been Established .................................. 5
----------------------------------------------------------------------------
>From: <[email-masked]> Date: Friday, 30 Jul 1993 15:01:56 EDT

An e-mail network has been setup for people who are interested in LAD issues.

1)      To add your name to the mailing list, please contact:
                  [email-masked]

2)      To post news to LAD netters, please mail to:
                  [email-masked]

----------------------------------------------------------------------------
7. About CSPA Dependents Who Are Now in China - How to File Form I-824 .. 20
----------------------------------------------------------------------------
>From: James Jia <[email-masked]> Date: Sun, 1 Aug 1993

I-824 is an application for further action after your approval. One of three
purposes of the form is for your family members to apply for visa numbers
through a U.S. Consulate aboard.  You should enclose a cover letter with
I-824 to include the addresses of your family members abroard in both English
and Chinese (or Japanese if they are in Janpan like some others).  This cover
letter will speed up the process because the US Consulate can send notice and
forms directly to your family members aboard without contacting you first.

You can not file I-485 with I-824.  They are very different process.  A
family member has the same Priority Date as you if you file I-824 so that
it is the right time now to file I-824 to catch AUG-WINDOW (E-3 is current).

I-824 should mail to the center where your I-485 was filed. Fee is $30.

When the INS thinks it is ready, the I-824 will be sent to the Dept. of
State.  When the visa number (E-3) is immidiately available, the Dept. of
State will send a latter with addresses of family members to the Consulate.
The consulate will process it and your family members wiil receive some
notice.

----------------------------------------------------------------------------
8. Text of INS Central Office Cable to Local Offices about CSPA LADs ... 120
----------------------------------------------------------------------------
>From: [email-masked] (Li-Min Song - Math Grad) Date: Mon, 2 Aug 1993
Subject: NCCA NEWS RELEASE: INS CABLE ON L.A.D., THE CONTENT OF INS CABLE

DATE: August 2, 1993    FROM: Dr. Haiching Zhao

     The following is the INS cable sent out today by INS central
to local offices nationwide.  We enclosed it here for your reference.

--- --- ---
USINS

AUG 2, 1993

Re:  Chinese Student Protection Act of 1992 (CSPA)

This is CSPA Wire #4.  (CSPA Wire #3 has been delayed and may be
received after CSPA Wire #4.)

1.  Clarification of interview criteria contained in memorandum of
July 14, 1993, HQ 739. 3-C:

In a memorandum dated July 14, 1993, from the office of
examinations with service-wide dissemination, it was stated that
all CSPA adjustment of status applications filed by persons who had
not applied for deferred enforced departure (DED) should be
referred by the service centers to the local offices for interview.
This statement was not (repeat not) correct.  CSPA adjustment of
status applications will not (repeat not) be deferred for interview
solely because the Applicant has not applied for DED.

The correct statement is:  CSPA adjustment of status applications
filed by persons who clearly failed to maintain lawful immigration
status prior to October 9, 1992 (Enactment of CSPA), and who have
not established that they applied for deferred enforced departure
(DED) or other Executive Order 12711 benefits should be referred by
the service centers to the local offices for interview.

2.  Spouses and children filing for adjustment of status as
accompanying of following to join derivative family members:

The Chinese Student Protection Act (CSPA) provides no direct
benefits for spouses and children of principal applicants, if the
family member is unable to meet this requirements of the CSPA.
However, Section 203 (d) of the INA provides that a spouse or child
as defined in subparagraph (A), (B), (C), (D), or (E) of Section
101 (b) (1) shall, if not otherwise entitled to an immigrant status
and the immediate issuance of a visa under subsection (a), (b), or
(c), be entitled to the same status, and the same order of
consideration provided in the respective subsection, if
accompanying or following to join, the spouse or parent CSPA
beneficiaries adjust status under the third employment-based
skilled worker category.  Therefore, derivative spouses and
children who do not meet the CSPA requirements may apply for
adjustment of status or immigrant visa issuance under the third
employment-based skilled worker category as accompanying or
following to join derivative family members when the CSPA
principal's priority is reached and a visa number becomes
immediately available for the family member.

Immigrant visa numbers will be current or immediately available
during August 1993 for all persons under the third employment-based
skilled worker classification, except those who must be charged to
the philippine per-country quota.  Therefore, all eligible spouses
and children of CSPA applicants may apply for derivative adjustment
of status during August 1993.

Note that the special waivers and benefits provided under the CSPA
have not (repeat not) been made available to derivative spouses and
children who are applying for adjustment of status under the
derivative third employment-based skilled worker classification.
This means that these family members must meet all the usual
adjustment of status requirements applicable to derivative
employment-based preference aliens, including the provisions of
Section 245(c) of the Act.  These family members must be in lawful
immigration status at the time of filing, may not have been
employed without authorization, must have continuously maintained
lawful immigration status, and meet all other applicable
requirements.  An applicant with derivative nonimmigrant status
(such as F-2 or J-2 status) will not be considered to have failed
to maintain lawful immigration status for the purposes of section
245 (c) of the Act solely because the principal alien properly
filed a CSPA adjustment of status application.

Eligible derivative family members may apply for adjustment of
status by filing the usual form I-485 and related forms at the
local service office having jurisdiction over the applicant's place
of residence.  (These applications are not to be accepted at the
service centers.)  They must also present a copy of the service
center issued receipt (Form I-797) showing that the CSPA
principal's application for CSPA adjustment of status has been
accepted for processing at the service center and evidence of the
relationship to the CSPA principal.  Eligible derivative family
members may apply for adjustment of status even though the CSPA
principal's adjustment application has not been approved.  The
local office may, if it appears necessary, verify the validity of
the receipt by accessing claims, fares, CIS, and/or the service
center's tiers system.  Required evidence of relationship would be
the same as that required of any other derivative adjustment
application, i.e. documentation of birth, marriage, divorce, death,
adoption, etc.

     The class of adjustment codes for these family members are E3-
9 for spouses and E3-0 for children.  The priority data is the
principal's CSPA priority date.

     Note: although derivative adjustment applications may be
accepted based upon a showing that the principal has a pending CSPA
adjustment application, adjustment applications filed by derivative
spouses and children may not be approved until after the CSPA
principal's status has been adjusted.

     Signed

     JAMES A. PULEO

     ACTING EXECUTIVE ASSOCIATE COMMISSIONER FOR OPERATIONS, INS

----------------------------------------------------------------------------
9. Some Relevant Issues on the INS Cable about CSPA LADs
   -- Zhao Haiqing/NCCA News Release .................................... 90
----------------------------------------------------------------------------
>From: Li-Min Song - Math Grad <[email-masked]> Date: Mon, 2 Aug 1993

          SOME DERIVATIVE NONIMMIGRANT STATUS ISSUE SOLVED

DATE: August 2, 1993     FROM: Dr. Haiching Zhao

     As a result of our meeting with INS officials last Friday, the
INS has today released a cable to local INS offices saying that
late arriving dependents who lost status because their principal
filed on or after July 1 for the CSPA will be considered to have
maintained lawful status for the purpose of filing adjustment
applications.

     This means that those people who get their status as a result
of their spouse or parent (such as F-2, J-2 or H-4) will be able to
file for adjustment at local INS offices during the month of
August.

     Specifically, the INS cable says:

     Family members must be in lawful immigration status at
     the time of filing, may not have been employed without
     authorization, must have continuously maintained lawful
     immigration status, and meet all other applicable
     requirements.  An applicant with derivative nonimmigrant
     status (such as F-2 or J-2) will not be considered to
     have failed to maintain lawful immigration status for the
     purposes of Section 245(c) of the Act solely because the
     principal alien properly filed a CSPA adjustment of
     status application.

     As a result, derivative spouses and children who lost lawful
status only because their principal filed for adjustment can now
apply for adjustment.  However, you should check with your local
INS office to determine is you need a statement with regard to this
issue to be included with your application.

     It is important to know that how early you get your green card
depends on how early your priority date is.  Dependents priority
date is established as the date your principal filed their CSPA
application not the date that you file.  There is therefore no rush
to file your application as soon as possible.  However, you must
file during the month of August.  In September, it is expected that
the "window" for dependents to file will close.  The reason is that
anyone with a priority date after October 1991 will be filing.
This will cause the employment based category to once again backlog
and retrogress back to earlier dates.

     While it is not important when you file in August, it is
important to make sure your application is done accurately.  You do
not want to do anything that will cause your applications to be
rejected.  If it is rejected after the August window closes, you
will not be able to file it again until your priority date once
again becomes current and that may be many years from now.

     In addition, it is important for dependents to file during
August if eligible because you will have a pending adjustment
application and will therefore be eligible for work authorization
and advance parole.  You also will not have to enter voluntary
departure.

     There are still problems which we are continuing to work on.
The most important issue is that CSPA beneficiaries have been
denied access to normal immigration practice which allows spouses
and minor children to become immediately eligible for immigrant
visas at the same time the principal applicant receives her or her
visa under the worldwide quota.  This is called "accompanying" or
"following to join" or the 203(d) problem.  The Administration has
failed to follow the dictate of the law in regard to this issue and
we are continuing to provide, through our lawyers, legal analysis
of this situation.  This is the key of all the problems.  If this
is solved, it will solve the dependent issue as well as not to hurt
students who came here after April 11, 1990.

     There is also the problem of the dependents of those CSPA
principals that previously entered the DED program.  The INS states
that this is not a "technical or no fault of their own problem" and
insists that those derivative dependents have not maintained lawful
status.  This is still a serious problem and we are doing
everything we can to solve it.

     Finally, the INS has said that they will not provide any
waiver of the 90 day rule.  This is unfair and some review of
exceptional cases relating to medical emergencies and involuntary
detention should be allowed.  We will continue to work on
correcting this problem.

     There are many people who have expressed their concerns and
suggestions on a variety of issues related to CSPA implementation.
We would like to hear those concerns.  There are also many people
who have asked how they can contribute financially to our effort to
lobby on CSPA related issues.  For suggestions, concerns, or
contributions, please send to:

     National Council on Chinese Affairs
     P.O. Box 77418
     Washington, D.C. 20013-7418

     For further information concerning late-arriving dependents, you may
call (202) 835-1880.

----------------------------------------------------------------------------
10. Meeting with INS Concerning Late-Arriving Dependent Adjustment
    Application & Other CSPA Issues - Zhao Haiqing/NCCA's News Release . 275
----------------------------------------------------------------------------
>From: [email-masked] (Li-Min Song - Math Grad) Date: Sun, 1 Aug 1993

DATE: July 31, 1993    FROM: Dr. Haiching Zhao

     The National Council on Chinese Affairs met with Congresswoman
Pelosi and all senior INS officials in charge of CSPA implementing
policy on Friday, July 30, 1993.  The major topic at the meeting
was the issue of late arriving dependent adjustment applications
and other issues.  In attendance at the meeting were:

     (1)  Congresswoman Nancy Pelosi
     (2)  Carolyn Bartholomew, Legislative Director
     (2)  James A. Puleo, INS Associate Commissioner Examinations
     (3)  Michael L. Aytes, Director, INS Service Center Operations
     (4)  Paul Virtue, INS Acting General Counsel
     (5)  Rita Boie, Senior INS Examiner
     (6)  Frances A. Mooney, INS Congressional Liaison Specialist
     (7)  Dr. Haiching Zhao, President, National Council on Chinese
          Affairs
     (8)  Elaine Budd, Senior Legislative Advisor
     (9)  Laura Foote Reiff, Esq. Baker & McKenzie

     Recently, we have received many inquiries concerning the
status of the late-arriving dependents.  Many people are worried
and some are in despair facing different problems regarding the
CSPA implementation.  We requested the meeting because of
widespread confusion over the procedures applicable to late
arriving dependents applying for adjustment of status pursuant to
the CSPA and to once again voice our concerns over other issues
pertaining to the CSPA.  We asked at the beginning of the meeting
how many CSPA applications had been filed to date and were told
that almost 46,000 had been received in the four INS regional
offices.  This means that CSPA principals will most likely use the
entire surplus for this year in the employment based worldwide
quota.

1.   Maintenance of Lawful Status for Late Arriving Dependents

     During the month of August 1993, applications for adjustment
of status from late arriving dependents here in the U.S will be
accepted by the INS.  The question has arisen as to whether the
dependent whose status is derived from the principal (for example
F-2, J-2, H-4) would be allowed to file adjustment or would be
deemed to have fallen out of status.  If they are deemed as out of
status, they would not be able to adjust their status in the U.S.

     This is the first issue we raised at the meeting.  The INS
officials maintain that those principals with J-1, F-1 or H-1 filed
their CSPA applications after July 1 and therefore give up their
nonimmigrant status on the date of the filing.  Consequently, their
late-arriving dependents with derivative visa J-2, F-2 or H-4 would
have to be deemed as out of status according to current law.  INS
would have no jurisdiction to correct that.

     We disagreed and argued that (1) there is precedence of
President Bush's Executive Order to maintain legal status in the
DED program for those principals who came here before April 11,
1990; and (2) according to INA Section 245(c), the maintenance of
status requirement is not applicable to those individuals who
"through no fault of his own or for technical reasons" failed to
maintain his status.  We believe that both of these exceptions
apply to individuals who are derivative beneficiaries of CSPA
principal applicants.

     After a lengthy discussion, THE INS AGREED WITH OUR ARGUMENT
AND WILL BE ISSUING A CABLE TO THE LOCAL INS OFFICES TO INCLUDE
THIS POINT NEXT WEEK, namely to deem those late-arriving dependents
who would have legal status problem because of their principals
filed CSPA application as have maintained legal status for the
purposes of adjustment of status.

     However, the INS refused to extend this blanket interpretation
to those dependents who lost their derivative status because the
principal entered the Deferred Enforced Departure Program prior to
July 1, 1993.  This means for those principals with F-1, J-1 or H-1
visa but HAVE ENTERED THE DED PROGRAM PRIOR TO JULY 1 (and
therefore have lost their F-1, J-1 or H-1 status long ago), their
late-arriving dependents with F-2, J-2 or H-4 would still be deemed
as have fallen out of status and consequently not be able to adjust
their status.  We do not agree with this interpretation, and will
continue to work on it.

2.   When to File Late Arriving Dependent Applications

     As of August 1, 1993, the employment based 3rd preference
category for China where late arriving dependents have been
classified will be current.  For the entire month of August late
arriving dependents are eligible to file.

     However, this is different from the adjustment applications
made by principals who were filing early in order to establish a
priority date.  Dependents already have a priority date same as
their principal's.  It will have no difference if you file on
August 2 or late August.  The issuance of visas is not related to
the date of the dependent's filing, but is determined by the
priority date of the principal.  How early a dependent can obtain
an immigrant visa solely depends on whether her/his principal has
an early priority date.  As long as the application is filed in
August, the dependent will be a pending adjustment applicant.

     In addition, there are many people in the Chinese community
with earlier priority dates than CSPA principals and will receive
visa numbers first.  Anyone who has a priority date from October
1991 up to June 30, 1993 will also file for their adjustment
application and will be issued a visa before the CSPA dependent.
In this preference category there are approximately 2,500 visas per
year.  Therefore, chances are a dependent will not receive their
visa for many years.  Dependents will be pending adjustment
applicants and will be given employment authorization and limited
advance parole while their applications are pending.

     In addition, given the limited number of visas, it is highly
likely that the visa numbers will retrogress in September.  If this
occurs, dependents will not be able to file in September. (You can
only file adjustment application when your visa number is current).

     As stated above, we conclude the following now:

     (1) Late arriving dependents should file their adjustment
application in the month of August and to obtain the benefit as a
pending applicant.

     (2) The actual filing date of your application in August is
not as important as the filing date of the principal.  The
principal's priority date is the determining factor for the
dependent.

     (3) It is much more important to file correctly than to file
early in the month of August.  It is critical that your application
be filed correctly at the local INS office.  If not, it could be
rejected after the visa numbers are no longer current, and you will
miss the filing time window and not be able to correct the mistakes
and refile.

     (4) Soon INS will issue a cable to local offices nationwide
providing instructions for local officers and detailing the
requirements of the applications.  We strongly recommend that
dependents file their adjustment application after the INS cable
has issued.  This is especially true for those dependents who were
out of status prior to July 1 because their principal entered the
DED program.  Their cases would be more complicated and may not
have a simple way out yet.

3.   Dependents Should be Re-classified Outside of the Employment
     Based China Quota

     Many in the Chinese community have voiced concern about late-
arriving dependents taking visa numbers in the employment based
third preference category to the detriment of those Chinese
nationals who came after April 11, 1990.  This is exactly why we
worked so hard before the interim rule was issued before July 1 to
include these dependents under the worldwide quota.

     I have put this issue as an priority and took the lead to push
the Administration to include late-arriving dependents under the
worldwide quota before the interim rule was published.  Considering
the current political dynamics in the U.S., that was almost the
only chance for us to win on this issue.

     Unfortunately, our effort at the time encountered tremendous
amount of opposition within our own community.  Many principals
were anxious to file their application and could not be calm and
reasonable; some were selfish and only care about if they could be
in front of the line.  Among the opposition was also notably the
last term of IFCSS Headquarters.

     As a consequence of the split among our community at that
time, our concerns were not addressed in the interim rule.  Now I
am saddened to see that late-arriving dependents, students who came
here after April 11, 1990, and other Chinese nationals are forced
to compete with each other under this zero-sum game and fight among
ourselves for the very limited visa number under China quota.

     In spite of the fact that we missed the golden opportunity on
July 1 and the chance of winning on this issue now is very slim, we
still raised the issue at the meeting once again because we believe
it to be the best solution for all concerned.

     We argued from the legislative intent to cover the late-
arriving dependents under the worldwide quota.  We also argued that
because the principal beneficiaries are classified in the
employment based third preference category, and under normal
immigration circumstances, spouses and minor children of such
dependents would also be immediately eligible for immigrant visas,
at the same time the principal applicant receives his/her visa.
The INA at Section 203(d) provides authority for spouses and minor
children both in the U.S. and outside of the U.S. to obtain
permanent residents at the same time as the principal applicant.

     The INS did not give positive response but only indicated a
willingness to revisit this issue.

4.   Additional Dependent Issues

     We believe that those dependents who are under 21 at the date
the principal approval should be eligible to receive a visa even if
they are over 21 at the time a dependent visa is available.  INS
said they have no discretion on this issue under the statute.  As
a result, they encourage principals to file family based second
preference petitions as soon as their visa is approved.

     We also raised the issue of birth records for the dependents.
Under the CSPA the principals are allowed to use secondary evidence
of birth.  Under normal immigration procedures individuals are
required to have birth certificates.  If they can not obtain a
birth certificate they must show an official letter indicating that
the birth record is not obtainable.  CSPA interim rule has allowed
principles to use secondary evidence but that does not
automatically applicable to dependents.  We asked that this
requirement be waived for dependents as well.  The INS said they
would consider this.

     We asked about a waiver for dependents who have J-1 two year
foreign residence requirements.  The INS said that a blanket waiver
is not an option and that a J-1 visa holder would need to go
through normal waiver procedures through the U.S. Information
Agency.

5.   Voluntary Departure Program

     The INS has proposed a voluntary departure program for
dependents who are unable to maintain lawful status.  This program
would be implemented on a case by case basis at the discretion of
the local INS officials.  It is not a blanket program.  If
voluntary departure is not granted, the individual will be subject
to deportation proceedings.  If it is granted the individual will
be required to return to China to obtain an immigrant visa when the
visa number is current because, they will have failed to maintain
their status as required by INA section 245.  This is clearly
contrary to the underlying rationale of the CSPA, which seeks to
avoid sending Chinese nationals in the U.S. back to China.  Even if
an arrangement can be made to have applicants seeking for consular
processing in Canada or Mexico, the applicant would still be
subject to tremendous amount of hassle and high risk of not being
able to come back in.

     We have been opposed to the voluntary departure program from
the beginning, because it deems dependents as falling out of legal
status and requires dependents to leave the U.S. to obtain their
immigrant visas.  We still believe that a blanket family unity
program is in the best interest of the Chinese community, and, more
correctly would reflect the intent of the legislation.  We raised
this issue at the meeting and will continue to work on this issue
because the voluntary departure program is not acceptable.

     We also recommend dependents try to avoid entering the
voluntary departure program for the time being.

6.   90 Day Rule

     Much to our disappointment, the INS said the Attorney General
has no statutory discretion to waive the 90 day rule.  We do not
agree.  In fact, the statute is silent with respect to the
discretion of the INS to waive the 90 day restriction for just
cause.  Certainly, where returning students and scholars were
detained in China by the PRC government or otherwise precluded from
leaving China by, for example, the denial of an exit visa, the
granting of a waiver would be completely in line with the spirit of
the CSPA.  Moreover, waivers for individuals whose departures from
China were delayed by family or medical emergencies would be
justified on humanitarian grounds.  We will continue to push the
administration to recognize that the Attorney General can waive the
90 day rule.

     As to the implementation of CSPA, we have accomplished a great
deal.  However, there are still a lot of concerns and problems
remain to be resolved.  Whoever saying the results are final and
what we get is what we get is not being responsible.  We will
continue to work on improving the implementation policies for CSPA,
such as 90 day rule, dependent status, family unity program.  We
will also push on the quota issue of late-arriving dependents,
particularly to have them covered under the worldwide quota so that
they can adjust status quickly and at the same time not to
jeopardize the opportunities for other Chinese nationals.

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|             Editors of This Issue: Bo Xiong, Deming Tang                 |
|               Coordinating Editor: Bo Xiong                              |
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