Subject: CND-US: INS Regulation on the Implementation of CSPA, July 1, 1993

From: [email-masked]
Date: Thu, 1 Jul 1993 15:46:17 -0500

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

                               (US Regional)

  Information Exchange (XIX): INS Regulation on the Implementation of CSPA

                         Thursday, July 1, 1993

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| 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.   |
+--------------------------------------------------------------------------+

[Editor's Note: Back issues of CND-US CSPA Packages and related info are
                available from CND CSPA InfoBase, by anonymous ftp to CND.ORG
                (IP: 132.249.229.100) directory pub/InfoBase/CSPA

                Due to our limited manpower resource of volunteers, we regret
                that we are UNABLE to answer questions from readers.
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                CSPA = Chinese Student Protection Act of 1992,
                       U.S. Public Law No. 102-404]

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  Information Exchange (XIX): INS Regulation on the Implementation of CSPA

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1. U.S. INS Regulation on the Implementation of CSPA .................. 1100
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Forwarded by: Jian Liu, July 1, 1993

[Editor's Note: The following has been published on today's Federal Register,
                (v.58, July 1, 1993),  page 35832]

                             DEPARTMENT OF JUSTICE
                     Immigration and Naturalization Service

            AGENCY: Immigration and Naturalization Service, Justice.

                                 8 CFR Part 245

            Adjustment of Status; Certain Nationals of the People's
                               Republic of China

                             [INS Number: 1607-93]

                                 RIN 1115-AD33

                                  July 1, 1993

            NOTICE: This is a preliminary document and is subject to
          revision, including the addition of the citation, following
                      receipt of the final print document.

ACTION: Interim rule with request for comments.

SUMMARY:  This  interim  rule  implements  the  Chinese   Student
Protection  Act  of 1992 ( CSPA) , by establishing procedures for
certain nationals  of  the  People's  Republic  of  China,  their
spouses, and their children who have been temporarily residing in
the United States, to become lawful permanent residents  of  this
country.  It  allows  them  to  obtain  lawful permanent resident
status without applying for an immigrant visa at a United  States
consulate  abroad  and  waives many of the usual requirements for
this benefit. This  rule  eliminates  the  possibility  of  these
persons being forced to return to the People's Republic of China,
by allowing them to  obtain  a  settled  immigration  status  and
permanent  safe  haven in the United States, with the possibility
of  becoming  United  States  citizens   in   the   future.   All
applications  for  this  benefit  must  be filed by mail with the
appropriate Service Center.

DATES: This interim rule is effective on July 1,  1993.  Comments
must be received on or before August 2, 1993.

ADDRESSES: Please submit written comments, in triplicate, to  the
Records   Systems   Division,  Director,  Policy  Directives  and
Instructions Branch, Immigration and Naturalization Service,  425
I  Street  NW., room 5307, Washington, DC 20536. To ensure proper
handling,  please  reference   INS   number   1607-93   on   your
correspondence.

FOR FURTHER INFORMATION CONTACT:

Rita A. Boie, Senior Immigration Examiner, Adjudications  Branch,
Immigration  and  Naturalization  Service, 425 I Street NW., room
7223, Washington, DC 20536, telephone (202) 514-5014.

TEXT: SUPPLEMENTARY INFORMATION:

General Requirements for Lawful Permanent Resident Status

   A person who is not a citizen or national of the United States
and who is seeking permission to live permanently in this country
must establish eligibility for  classification  as  an  immigrant
under  one  of several categories provided by the Immigration and
Nationality Act (Act).  An  intending  immigrant  may  meet  this
requirement  by showing that a petition has been approved for his
or  her  classification  as  an  immigrant  based  upon  intended
employment in the United States or a close family relationship to
a United States citizen or lawful permanent resident.

   Due to the high demand for permanent resident status  and  the
need  for  an  orderly  immigration  process,  the Act limits the
number of immigrant visas which may be issued each year. The  Act
places  limitations  or  quotas  on the number of immigrant visas
which may be issued under most classifications, and on the number
of  immigrant  visas  which  may  be  issued  to  natives  of  an
individual foreign state. A waiting list is established for those
classifications and countries where the demand exceeds the number
of visas legally available. When an  individual's  priority  date
(place  on  the  waiting  list)  has  been reached, a visa number
becomes available for him or her. The person  may  only  then  be
issued an immigrant visa.

   Immigrant visas are issued only at United States consulates or
embassies   abroad.  In  addition  to  reviewing  an  applicant's
eligibility for classification as an immigrant and verifying  the
availability  of  a  visa  number,  consular  officials determine
whether the individual is admissible  to  the  United  States.  A
person  may  be  prohibited from entering the United States for a
variety of reasons. Grounds of exclusion, as set forth in section
212(a)  of  the Act, include an inability to obtain employment or
otherwise provide for his or her financial  support,  convictions
for   certain  crimes,  and  illicit  trafficking  in  controlled
substances.

   After an individual has been issued an immigrant visa,  he  or
she may travel to the United States and seek admission for lawful
permanent residence. A lawful permanent  resident  may  live  and
work   legally  in  the  United  States.  After  meeting  certain
requirements, a lawful permanent resident may apply to  become  a
naturalized citizen of the United States.

   Some intending immigrants, however, are already in the  United
States  in  temporary  nonimmigrant status. If these persons meet
certain criteria, they may be allowed to adjust their immigration
status  to  become lawful permanent residents without leaving the
United States. This process is known  as  adjustment  of  status.
Eligibility  requirements  for adjustment of status under section
245 of the Act are more stringent than requirements for immigrant
visa  issuance  abroad,  since  adjustment is an exception to the
normal process. The more stringent adjustment  requirements  also
serve to discourage persons from obtaining temporary nonimmigrant
visas  in  order  to  bypass  the   immigrant   visa   processing
requirements.

   In addition to having an  immigrant  visa  number  immediately
available  and  establishing eligibility for classification as an
immigrant, adjustment of status  applicants  usually  must  prove
that  they  entered the United States after having been inspected
and admitted or paroled by an immigration officer. They must also
show  that  they  have  complied  with  the requirements of their
temporary nonimmigrant status and have not been employed  in  the
United States without authorization.

Benefits of the  CSPA

   Under the terms of Executive Order (E.O.) 12711 of  April  11,
1990,  certain  nationals of the People's Republic of China (PRC)
and their dependents may  be  granted  a  temporary  deferral  of
enforcement  of  their departure from the United States and other
temporary benefits through January 1, 1994. The  Chinese  Student
Protection  Act  of  1992  (  CSPA)  ,  Public Law 102-404, dated
October 9, 1992, allows certain persons covered by E.O. 12711  to
adjust status to that of lawful permanent residents of the United
States.

   The  CSPA  provides  eligible  applicants  with  an  automatic
immigrant   classification   under   the  third  employment-based
preference category, even though  petitions  may  not  have  been
filed  and  they  may not meet the usual requirements for skilled
worker classification under section 203(b)(3)(A)(i) of  the  Act.
It  also  allows these persons to apply for adjustment of status,
regardless of whether their priority dates are current  and  visa
numbers are available. The
 CSPA  totally exempts eligible applicants from  the  per-country
immigrant  visa  limitation  of section 202(a)(2) of the Act, and
their adjustment of status applications may be  approved  without
regard  to  this  limitation.  However,  an application for  CSPA
adjustment of status may not be  approved  until  a  visa  number
becomes   available   for   the  applicant  under  the  worldwide
allocation of immigrant visa numbers for employment-based  aliens
under section 203(b)(3)(A)(i) of the Act. The  CSPA  also exempts
applicants who were or are nonimmigrant exchange  visitors  under
section  101(a)(15)(J)  of  the Act from compliance with the two-
year home country residence requirement of section 212(e) of  the
Act.

   The  CSPA  further exempts eligible  applicants  from  certain
grounds   of   exclusion.  The   CSPA   provides  that  qualified
applicants may not  be  excluded  for  failure  to  obtain  labor
certifications,  failure  to meet certain requirements applicable
to foreign-trained physicians, or for violations  of  documentary
requirements relating to entry as an immigrant.

   The  CSPA  also allows most  other  exclusion  grounds  to  be
waived at the discretion of the Attorney General for humanitarian
purposes, for purposes of assuring family unity, or if  otherwise
in  the  public  interest.  Grounds  of exclusion which cannot be
waived are those involving trafficking in controlled  substances;
security   and  related  grounds  such  as  espionage,  terrorist
activities, and foreign policy considerations; and  participation
in Nazi persecutions or in genocide.

   The  CSPA  also allows eligible applicants  to  adjust  status
without  regard  to  the provisions of section 245(c) of the Act.
This exemption allows  CSPA  applicants  to  adjust  status  even
though  they  may  have  entered  the  United  States as crewmen,
accepted  unauthorized  employment,  failed  to  maintain  lawful
nonimmigrant  status,  been  admitted  to  the  United  States in
transit without visa status under  section  212(d)(4)(C)  of  the
Act,  or  been  admitted  to  the  United  States as nonimmigrant
visitors without visas under section 212(1) or 217 of the Act.

Basic  CSPA  Eligibility Requirements

   In order to be eligible for  benefits  under  the   CSPA,   an
applicant  must  be  a  national  of  the PRC or a dependent of a
national of the PRC as described in section 1 of E.O. 12711; must
have  resided  continuously  in the United States since April 11,
1990 (except for brief, casual, and innocent absences);  and  may
not have spent more than 90 days in the PRC after April 11, 1990,
and before October 9, 1992.   CSPA   adjustment  applicants  must
also meet all requirements for adjustment of status under section
245 of the Act, unless such requirements have been waived.

Eligibility under Section 1 of Executive Order 12711

   Section 1 of E.O. 12711 provides benefits to nationals of  the
PRC  and  their  dependents  who were in the United States at any
time between June 5, 1989, and April 11, 1990, inclusive. Persons
who  have  been  granted Deferred Enforced Departure (DED) and/or
employment authorization benefits under E.O. 12711  have  already
established   to   the  Immigration  and  Naturalization  Service
(Service) that they meet the requirements of section  1  of  E.O.
12711.  Persons  who  have been granted the irrevocable waiver of
the two-year home country residency requirement under E.O.  12711
which  may  be  exercised  until  January  1, 1994, may also have
already  established  to  the  Service   that   they   meet   the
requirements  of  section  1 of E.O. 12711. However, a person who
did not initially arrive in the United States until  after  April
11,  1990, may be found not to meet the requirements of section 1
of E.O. 12711, regardless of the Service's decision to grant  him
or her a derivative waiver of the two-year home country residency
requirement  based  upon  his  or   her   spousal   or   parental
relationship  to  a  principal  alien  who qualifies for benefits
under E.O. 12711. Applicants should note that, because the   CSPA
and  E.O.  12711 have distinct eligibility requirements, a person
may be found to be ineligible for   CSPA   benefits  even  though
that person's E.O. 12711 benefits may have been correctly granted
and  have  not  been  revoked  or  terminated.  If  the   Service
determines  that a person who was granted E.O. 12711 benefits was
not, in fact, eligible for these benefits, the Service  may  deny
that  person's request for  CSPA  adjustment without having first
revoked or terminated that person's E.O. 12711 benefits.

   The Service has previously determined that  a  brief,  casual,
and  innocent  departure  from  the United States between June 5,
1989, and April  11,  1990,  inclusive,  would  not  preclude  an
individual  from  coverage  under  section  1  of  E.O. 12711 and
eligibility for E.O. 12711 benefits. This same interpretation  of
the  E.O.  12711  requirements  will  be applied when determining
whether a  CSPA applicant is a person described in section  1  of
E.O. 12711.

   The  CSPA  does not  require  applicants  to  have  previously
applied  for  benefits under E.O. 12711. Therefore, PRC nationals
and their dependents who meet the requirements of  section  1  of
E.O.  12711  but  have not applied for E.O. 12711 benefits may be
eligible for  CSPA  adjustment of status.

National of the PRC

   The term "national" is defined under section 101(a)(21) of the
Act  as  a  person owing permanent allegiance to a state. In most
cases, a citizen of the PRC who entered the United States using a
passport  issued by the PRC would be considered a national of the
PRC. A citizen of the PRC who has taken up temporary or permanent
residence  in  a third country without becoming a citizen of that
country would also ordinarily be considered  a  national  of  the
PRC. A citizen of the PRC who traveled to the United States using
a Certificate of Identity or other non-national  travel  document
issued by a third country may also be considered a PRC national.

   A citizen of the PRC who is a dual national of the PRC and  of
one  or  more  other countries would not necessarily be precluded
from satisfying the PRC nationality requirement under the   CSPA.
However,  the  Service  has  held  that  an alien is bound by the
nationality claimed or established at the time of entry  for  the
duration  of  his  or her stay in the United States. Thus, a dual
national
 CSPA  principal applicant must have claimed PRC  nationality  at
the  time  of  his or her last entry into the United States on or
before April 11, 1990.

   Persons who entered the United States  as  citizens  (and  not
merely  residents)  of  Hong Kong or of Taiwan are not considered
nationals of the PRC for the purpose of E.O. 12711 and  will  not
be  considered  PRC nationals for the purpose of the  CSPA.  Hong
Kong remains a colony of the United Kingdom of Great Britain  and
Northern  Ireland  at this time, and is not under the sovereignty
of the PRC. Similarly,  although  the  United  States  government
recognizes  the government of the PRC to be the government of all
of China, section 3303(b)(6) of Title 22  of  the  United  States
Code  provides  that  Taiwan  is  to  be  considered  a  separate
independent country for purposes  of  United  States  immigration
law.

Dependents of PRC Nationals

   The  CSPA  does not limit the age, marital status, or  sex  of
persons  who  may  be  considered as  CSPA  principal applicants.
Therefore, a spouse or child who is a national of the PRC in  his
or her own right will be considered a principal applicant for the
purpose of establishing  eligibility  for   CSPA   adjustment  of
status.

   Certain non-PRC family members who satisfy the requirements of
section  1  of  E.O. 12711 and of the  CSPA  may also be eligible
for  CSPA  benefits. In accordance with the general  requirements
for  derivative immigrant classification, as set forth in section
203(d) of the Act, a non-PRC family member who is  the  unmarried
child  under  21  years  of  age or the spouse of an eligible PRC
national may apply for  CSPA  adjustment of status.  The  non-PRC
family  member  must show that he or she was in the United States
at some time between June 5, 1989, and April 11, 1990,  and  that
the  qualifying  relationship  to the PRC principal existed as of
April 11, 1990.

        July 1, 1993  NOTICE: This is a preliminary document  and
is subject to r

   A non-PRC applicant is not eligible for  CSPA   adjustment  of
status  if  the qualifying relationship has been terminated or if
it terminates before the non-PRC family member's application  for
CSPA  adjustment of status has been approved. However, given that
the Service has previously determined that  E.O.  12711  benefits
should not be terminated merely because a non-PRC son or daughter
of a qualified PRC national reached the age of 21 or married,  an
adult  or  married  non-PRC  son or daughter who did not reach 21
years of age and did not marry until after April 11, 1990, may be
eligible for  CSPA  adjustment of status.

   A non-PRC family member's application for  CSPA  adjustment of
status  may  not  be  granted  before  the  PRC principal's  CSPA
adjustment of status has been approved. A non-PRC family member's
application for  CSPA  adjustment of status must be denied if the
PRC principal applicant is found to be ineligible for
 CSPA  adjustment of status.

   Family members unable to  qualify  for   CSPA   adjustment  of
status may be eligible for lawful permanent resident status under
other provisions of the Act.  Those family members whose  spousal
or  parental  relationship  was  established before the principal
CSPA  alien's application for adjustment of  status  is  approved
may  be  eligible  for derivative immigrant status as employment-
based preference immigrants accompanying or following to join the
CSPA   principal.  A  child  born  of a qualifying marriage which
existed at the time of the principal
 CSPA  applicant's adjustment of status  will  be  considered  to
have  been acquired prior to the principal applicant's adjustment
of status, and may also be eligible for accompanying or following
to  join derivative employment-based preference immigrant status.
A qualified spouse or unmarried child who is under  21  years  of
age  at the time he or she is issued an immigrant visa or granted
adjustment of status may be considered as following to  join  the
principal   CSPA alien regardless of the amount of time which has
elapsed since the  CSPA principal's  status  was  adjusted.  Such
family  members  who  are  accompanying  or  following  to join a
principal  CSPA  applicant may derive the  principal  applicant's
employment-based  third  preference  category and may be accorded
the principal's priority date. These family members must  satisfy
the usual requirements for adjustment of status or immigrant visa
issuance, including the requirement that an immigrant visa number
be immediately available when the immigrant visa is issued or the
application for adjustment of status is filed.  When  the  family
member's visa number becomes current, the family member may apply
for an  immigrant  visa  abroad  or,  if  he  or  she  meets  the
requirements  of section 245 of the Act, for adjustment of status
in the United States.

   After the  CSPA  principal's status is adjusted to that  of  a
lawful  permanent  resident, the principal also has the option of
filing a visa petition to accord his or her spouse, children, and
unmarried adult sons and daughters immigrant classification under
section 203(a)(2) of the Act. In this  case,  the  priority  date
would  be based upon the date the  CSPA  principal filed the visa
petition  for  the  family  member.  The  spousal   or   parental
relationship  may  have been established any time before the visa
petition was filed.

   A family member who is  not  immediately  eligible  for   CSPA
adjustment of status may apply for any other benefit for which he
or she may be eligible under the Act or by regulation. Any  alien
in  the  United  States,  including  a  family  member of a  CSPA
applicant, who is unable or unwilling to return  to  his  or  her
country  of  nationality because of persecution or a well-founded
fear of persecution on account of  race,  religion,  nationality,
membership  in  a  particular social group, or political opinion,
and believes that he or she meets  the  definition  of  "refugee"
contained  in  section 101(a)(42) of the Act, may request asylum.
An application for asylum may  be  made  by  filing  Form  I-589,
Request for Asylum in the United States.

   Family members who are unable to maintain lawful  nonimmigrant
status  in  the United States and are not immediately eligible to
apply for adjustment of status also have the option of requesting
voluntary departure. Service regulations at 8 CFR 242.5 allow the
request for voluntary  departure  to  be  made  to  the  district
director   having   jurisdiction   over  the  person's  place  of
residence. No application form or fee is required. Family members
who  have been granted voluntary departure may request employment
authorization by filing Form I-765,  Application  for  Employment
Authorization.

"Resided Continuously" and "Brief, Casual, and Innocent Absences"

   Under the terms of the  CSPA,  eligible applicants  must  have
resided  continuously  in the United States since April 11, 1990.
They may, however, have had brief, casual, and innocent  absences
from  the United States during this time. Since  CSPA  applicants
must also meet the requirements of section 1 of E.O. 12711,  CSPA
applicants  must also have been in the United States at some time
between June 5, 1989, and April 11, 1990, inclusive, or show that
they would have been in this country if they had not had a brief,
casual, and innocent departure from the United States during this
time.

   Section 101(a)(33) of the Act defines the term "residence"  as
a  person's  "principal,  actual  dwelling place in fact, without
regard to intent." Therefore, in order to satisfy the  continuous
residence requirement of the  CSPA,  an applicant must show that,
since April 11, 1990, his or her principal actual dwelling  place
in  fact,  regardless  of  intent,  was in the United States. The
maintenance of assets in this country without  physical  presence
is   not   sufficient   to   satisfy   the  continuous  residence
requirement,  although  continuous  physical  presence   is   not
required.  A   CSPA   applicant  who has had his or her principal
actual dwelling place in fact in the United States  and  has  had
only  brief, casual, and innocent absences from the United States
since  April  11,  1990,  may  be  considered  to  have   resided
continuously in this country.

   The  determination  as  to   whether   an   absence   may   be
characterized  as  "brief, casual, and innocent" may be made only
after an evaluation not only of the length of  the  absence  from
the United States, but also of the purpose for which the trip was
made and any extenuating circumstances which may have caused  the
person to be unable to promptly return to his or her residence in
the United States. For purposes of determining eligibility  under
E.O. 12711 and the  CSPA, "brief, casual, and innocent" has been,
and will continue to be, interpreted  liberally.  Brief,  casual,
and  innocent  departures  may include foreign visits by students
during school vacations, trips outside the  country  necessitated
by  family  emergencies,  international  conferences,  and  other
academically-related activities.  A  temporary  absence  of  this
nature  should  not  usually have exceeded the length of a normal
summer vacation for students. Prolonged absences that are  longer
that  five  months  are  not  necessarily deemed brief or casual.
However, circumstances requiring longer absences  will  be  given
consideration.  In general, absences due to temporary assignments
abroad for a United States employer or for academic  research  or
training  approved  by  the applicant's United States educational
institution will be looked  upon  as  being  brief,  casual,  and
innocent and, therefore, not interruptive of continuous residence
in the United States.

Physical Presence in the PRC

   The  CSPA  limits the time which an applicant may  have  spent
in  the  PRC  between  April  11, 1990, and October 9, 1992, to a
total of 90 days. The  CSPA does not restrict the number of times
an  eligible  applicant  may have traveled to the PRC. Therefore,
the  90-day  restriction  will  not  apply  unless  the  time  an
applicant  has  been  physically  present in the PRC totals 90 or
more days, regardless of the number of times  the  applicant  has
traveled to the PRC during the restricted period. The  CSPA  also
does not restrict the number of trips an applicant may have  made
to  the  PRC before April 12, 1990, and/or on or after October 9,
1992. Time spent in the PRC before or on April 11,  1990,  and/or
on  or after October 9, 1992, will not be taken into account when
determining the amount of time a  CSPA  applicant has  physically
spent in the PRC.

   Since this restriction is statutorily imposed, the Service has
no  discretionary  authority  to waive compliance with the 90-day
aggregate limit on physical presence in the  PRC,  regardless  of
the  reasons  the applicant may have been forced to remain in the
PRC.

Eligibility for Adjustment of Status

   An eligible  CSPA  applicant is considered to be automatically
eligible  for  classification  as  an  immigrant  under the third
employment-based preference category, even though no petition has
actually been filed and the applicant may not be a skilled worker
as defined under section 203(b)(3)(A)(i) of  the  Act.  Since  no
petition  is  filed,  the   CSPA   applicant  will  be assigned a
priority date based upon the date the application for  adjustment
of  status is properly filed with the appropriate Service office.
CSPA  applicants are exempted from the per-country immigrant visa
limitations  of  section  202(a)(2)  of  the  Act,  and  may file
applications for adjustment  of  status,  regardless  of  whether
their priority dates are current and visa numbers are immediately
available at the time of filing. However,  CSPA   applicants  are
not  exempted  from  the  worldwide  annual  numerical  limit  on
employment-based  immigrants.  Therefore,  a    CSPA   adjustment
application  may  not  be approved until the applicant's priority
date is current (place on the waiting list has been reached)  and
a  visa number is available for the applicant under the worldwide
203(b)(3)(A)(i) preference category, as shown in  the  Department
of  State  Visa  Bulletin. Applications which have been filed but
cannot be approved solely because no  visa  number  is  available
will  be  retained by the Service until such time as the priority
date is reached and the number becomes available. The  CSPA  also
exempts applicants who were or are nonimmigrant exchange visitors
under section 101(a)(15)(J) of the Act from compliance  with  the
two-year  home country residency requirement of section 212(e) of
the Act.

   The  CSPA  also provides that qualified applicants may not  be
excluded for failure to obtain labor certifications or failure to
meet   certain   requirements   applicable   to   foreign-trained
physicians  under section 212(a)(5) of the Act; or for violations
of documentary requirements relating to  entry  as  an  immigrant
under  section  212(a)(7)(A) of the Act. However, the  CSPA  does
not automatically exempt  CSPA  applicants from other grounds  of
exclusion  under  section 212(a) of the Act. Therefore, all  CSPA
applicants must show that they are not excludable from the United
States  under  all  applicable grounds of exclusion under section
212(a) of the Act, or must show that  an  individual  waiver  has
been  approved  for them. The  CSPA  allows most other grounds of
excludability to be waived individually for  CSPA  applicants  at
the discretion of the Attorney General for humanitarian purposes,
for purposes of assuring family unity, or  if  otherwise  in  the
public  interest. Grounds of excludability which cannot be waived
are those involving trafficking in  controlled  substances  under
section  212(a)(2)(C)  of  the  Act; security and related grounds
such  as  espionage  under  section  212(a)(3)(A)  of  the   Act;
terrorist  activities  under  section  212(a)(3)(B)  of  the Act;
foreign policy considerations under section 212(a)(3)(C)  of  the
Act;  and participation in Nazi persecutions or in genocide under
section 212(a)(3)(E) of the Act. A  CSPA  applicant  may  request
consideration  for  one  or more waivers by filing an application
for the waiver concurrently with his or her adjustment of  status
application.  The  adjustment of status may not be granted unless
the waiver has first been approved.

   The  CSPA  also allows eligible applicants  to  adjust  status
without  regard  to  the provisions of section 245(a) of the Act.
This exemption allows  CSPA  applicants  to  adjust  status  even
though  they  entered  the  United  States  as  crewmen, accepted
unauthorized employment, failed to maintain  lawful  nonimmigrant
status,  were  admitted  to  the United States in transit without
visa status under  section  212(d)(4)(C)  of  the  Act,  or  were
admitted  to  the  United States as nonimmigrant visitors without
visas under section 212(1) or 217 of the Act.

   No other requirements of section 245  of  the  Act  have  been
waived by the
 CSPA. Therefore, CSPA  applicants must meet the requirements  of
section  245(a)  of the Act, which requires adjustment applicants
to establish that they were inspected  and  admitted  or  paroled
into  the  United  States  by an immigration officer. Persons who
entered the United States without inspection are not eligible for
CSPA   benefits.   CSPA   applicants  are  also  subject  to  the
requirements of section 245(d) of the Act,  which  prohibits  the
adjustment  of status of an alien lawfully admitted to the United
States for permanent  residence  on  a  conditional  basis  under
section 216 of the Act.  CSPA  applicants are also subject to the
restrictions on the adjustment of status  of  an  alien  who  was
admitted  to  the  United States as a fiance(e) or the child of a
fiance(e) under section 101(a)(15)(K) of the Act, as provided  in
section 245(d) of the Act. Section 245(d) of the Act allows these
persons to adjust status to that of an alien lawfully admitted to
the  United  States only on a conditional basis under section 216
of the Act as a result of the marriage of the  fiance(e)  to  the
United States citizen who filed the fiance(e) petition upon which
the alien's nonimmigrant status is based.

Application Period

   The  CSPA  specifies that the  application  period  for  these
benefits  begins July 1, 1993. Applications received prior to the
beginning of the application period will be deemed by the Service
to  have  been filed on July 1, 1993, and will be assigned a July
1, 1993 priority date. In order to be able  to  approve  as  many
applications  as  possible  during  Fiscal Year 1993, when excess
visa numbers are expected to be available  within  the  worldwide
section  203(b)(3)(A)(i)  quota,  the Service may initiate record
checks  and  begin  clerical  processing  of   CSPA  applications
received prior to July 1, 1993.

   Pursuant to the  CSPA  deactivation clause, if  the  President
of  the United States determines and certifies to Congress before
July 1, 1993, that conditions in the PRC permit  persons  covered
by  the   CSPA   to safely return to the PRC, no applications for
lawful  permanent  resident  status  under  the   CSPA   will  be
processed  or  granted.  If this was to happen, Chinese nationals
who have been granted DED under E.O. 12711 would be  expected  to
establish eligibility for other immigration classifications or to
depart the United States by January 1, 1994.

   If the President does not make this certification before  July
1,  1993,  the  Service  will grant lawful permanent residence to
qualified  CSPA  applicants. The   CSPA   will  remain  in  force
regardless of changes taking place in the PRC on or after July 1,
1993.

   The  CSPA  application period will continue through  June  30,
1994.  All   CSPA  applications  must  be properly filed with the
Service before the end of the business  day  on  June  30,  1994,
although  the  Service  may  complete  its  processing  of   CSPA
applications after that date.

Application Forms and Supporting Documents

   Applicants should refer to the instructions provided with  the
required  application  forms. Applicants for  CSPA  adjustment of
status benefits must file a Form I-485, "Application to  Register
Permanent   Residence  or  Adjust  Status,"  accompanied  by  the
required application fee and supporting documents.  PRC  national
CSPA  applicants should complete Part 2 of that form (Application
Type) by checking box "h-other" and writing  "  CSPA  -Principal"
next  to  that  block.  Non-PRC national  CSPA  applicants should
complete Part 2 of that form (Application Type) by  checking  box
"h-other"  and  writing  " CSPA -Qualified Family Member" next to
that block.

   Each application filed by a PRC national  CSPA  applicant must
be  accompanied  by  the initial evidence required by Form I-485:
(1) A birth certificate or other record of birth; (2) two  "ADIT-
style"  photos  as  described in the Form I-485 instructions; (3)
one complete set  of  fingerprints  on  Form  FD-258,  "Applicant
Card,"  if  the  applicant  is between 14 and 75 years old; (4) a
completed Form G-325A, "Biographic  Information  Sheet,"  if  the
applicant is between 14 and 79 years old; (5) an original medical
examination report on Form I-693, "Medical Examination of  Aliens
Seeking   Adjustment   of   Status,"  completed  by  a  physician
authorized by the  local  Service  office;  (6)  a  copy  of  the
applicant's   Form  I-94,  "Arrival-Departure  Record"  or  other
evidence of inspection and admission or parole  into  the  United
States;  and  (7)  an  original  letter of employment showing the
applicant is  employed  in  a  job  which  is  not  temporary,  a
completed  Form  I-134, "Affidavit of Support," or other evidence
showing that the applicant is  not  likely  to  become  a  public
charge in the United States.

   Each  CSPA  applicant must also submit evidence of eligibility
for  the  adjustment  of  status  benefits  of  the  CSPA:  (1) A
photocopy of all pages of the applicant's most recent passport or
an explanation of why the applicant does not have a passport; (2)
an attachment on a plain piece of paper showing the date  of  the
applicant's  last arrival in the United States before or on April
11, 1990, the date of each departure the applicant made from  the
United  States since that arrival, the reason for each departure,
and the date  of  each  return  to  the  United  States  (if  the
applicant did not depart the United States after the initial date
of arrival, the applicant should  write  "I  was  in  the  United
States  on  April  11,  1990,  and I have not departed the United
States since April 11, 1990"); (3) an attachment on a plain piece
of  paper  showing the date the applicant arrived in the PRC, the
date the applicant left the PRC for each trip the applicant  made
to  the  PRC  between April 11, 1990, and October 9, 1992 (if the
applicant did not travel to the PRC, the applicant  should  write
"I  was  not  in the People's Republic of China between April 11,
1990, and October 9, 1992"); (4) a copy of evidence showing  that
the  applicant  was found eligible for benefits under E.O. 12711,
such   as   deferred   enforced   departure   (DED),   employment
authorization,   and/or  waiver  of  the  two-year  home  country
residence requirement, if the applicant  previously  applied  for
benefits  under  E.O.  12711;  and  (5)  evidence of a derivative
relationship to an eligible PRC national,  such  as  a  birth  or
marriage  certificate,  if  the  applicant  is  a  non-PRC family
member. Further information  concerning  evidence  which  may  be
provided  to  establish a derivative relationship may be found in
the instructions to Form I-485, under "Evidence of eligibility  *
*  * Based on you being the spouse or child of another adjustment
applicant or person granted permanent residence based on issuance
of an immigrant visa."

Secondary Evidence

   If any required document  is  unavailable,  church  or  school
records,  or  other  secondary evidence pertinent to the facts in
issue, may be  submitted.  If  such  documents  are  unavailable,
affidavits  may  be  submitted.  The applicant may submit as many
types of secondary evidence as necessary to establish the  birth,
marriage, or other event.

   In view of the difficulties that some   CSPA   applicants  may
encounter  when  attempting to obtain documents from the PRC, the
Service will waive the requirement  that  secondary  evidence  of
birth  or  marriage  in  the  PRC  be  accompanied by documentary
evidence that the primary evidence is unavailable.
   Preferred  secondary  evidence  concerning   admission   would
consist of United States government-issued documents or documents
which have been stamped by a United  States  immigration  officer
showing  the  applicant's  lawful admission to the United States,
such as  Form  I-20A-B/I-20ID,  "Certificate  of  Eligibility  of
Nonimmigrant  (F-1)  Student  Status-For  Academic  and  Language
Students,"  Form  I-20M-N,  "Certificate   of   Eligibility   for
Nonimmigrant  (M-1)  Student  Status-For Vocational Students," or
Form IAP-66, "Certificate of  Eligibility  for  Exchange  Visitor
Status."

Service Requests for Additional Evidence

   The  Service  will  evaluate  all   evidence   submitted   for
credibility  and  authenticity.  The  Service  may  also,  at the
discretion of the Service Center Director or  District  Director,
choose  to  request  additional evidence that the applicant meets
any of the requirements for   CSPA   adjustment  of  status.  For
example, the Service may, at the discretion of the Service Center
Director or  District  Director,  choose  to  request  additional
evidence  of  the  applicant's continuous residence in the United
States since April 11, 1990.  Copies  of  school,  employment  or
similar  records  which show that the applicant was in the United
States during the  required  time  period  may  be  submitted  in
response  to  requests  for  additional  evidence  of  continuous
residence.

Fee

    CSPA  adjustment of status  applications  must  be  submitted
with the fee required by Form I-485.

Filing

   All applications and attachments must be submitted by mail  to
the Service Center having jurisdiction over the applicant's place
of residence.

   If the applicant lives in Connecticut, Delaware, the  District
of  Columbia,  Maine, Maryland, Massachusetts, New Hampshire, New
Jersey,  New  York,  Pennsylvania,  Puerto  Rico,  Rhode  Island,
Vermont,  Virginia,  Virgin  Islands, or West Virginia, the  CSPA
adjustment application must be mailed to: USINS  Eastern  Service
Center, 75 Lower Welden Street, St. Albans, VT 05479-0001.

   If the applicant lives in Arizona, California,  Guam,  Hawaii,
or Nevada, the
 CSPA  adjustment application must be mailed  to:  USINS  Western
Service Center, P.O. Box 10485, Laguna Niguel, CA 92607-0485.

   If the applicant lives in Alabama, Arkansas, Florida, Georgia,
Kentucky,  Louisiana,  Mississippi,  New  Mexico, North Carolina,
Oklahoma,  South  Carolina,  Tennessee,  or  Texas,   the    CSPA
adjustment  application must be mailed to: USINS Southern Service
Center, P.O. Box 152122 Department A, Irving, TX 75015-2122.

   If the applicant lives elsewhere in  the  United  States,  the
CSPA   adjustment  application  must be mailed to: USINS Northern
Service Center, P.O. 82521, Lincoln, NE 68501-2521.

   Applicants will receive a  filing  receipt  from  the  Service
Center.  The  receipt  may  instruct  the  applicant to bring the
receipt and photo identification to  his  or  her  local  Service
office  where  his  or  her  signature  and  fingerprint  will be
recorded on Form I-89 for processing for  an  Alien  Registration
Receipt Card, Form I-551. Failure to promptly appear at the local
Service  office  for  processing  may   delay   action   on   the
application.  Applicants  will  be notified by mail of the action
taken on their applications.

Interview

   If the application is adjudicated without interview, a  notice
of  the decision will be mailed to the applicant. If an interview
is required, the application  will  be  forwarded  to  the  local
immigration office having jurisdiction over the applicant's place
of residence. The applicant will be notified of the date and time
to  appear  for  the  required interview. The decision whether to
require an interview is  solely  within  the  discretion  of  the
Service. If an applicant fails to appear for a required interview
without good cause, the application will not be approved and  may
be denied.

Employment Authorization

   An unexpired authorization  to  accept  employment  under  the
provisions of E.O. 12711 will not be invalidated by the filing of
an application  for  adjustment  of  status.  Any  applicant  for
adjustment  of  status  who wishes to obtain initial or continued
permission to accept employment during the period the  adjustment
of status application is pending may file Form I-765, Application
for  Employment  Authorization.   After   a    CSPA    adjustment
application  has  been  granted,  a lawful permanent resident who
adjusted  under  the   CSPA   may  present  his  or   her   Alien
Registration Receipt Card, Form I-551, as evidence that he or she
is authorized to accept employment in the United States.

Travel Outside the United States

   If an applicant plans to leave the United States to go to  any
other  country,  including Canada or Mexico, before a decision is
made on his or her  CSPA adjustment  application,  the  applicant
should  contact  his or her local Service office. If an applicant
leaves the United  States  without  advance  written  permission,
action  on  his  or  her   CSPA   adjustment  application  may be
terminated and the application may be denied.  An  applicant  may
also experience difficulty when returning to the United States if
he or she does not have written permission to  reenter.  After  a
CSPA  adjustment application has been granted, a lawful permanent
resident who adjusted under the  CSPA   may  travel  outside  the
United  States  and  reenter  using his or her Alien Registration
Receipt Card, Form I-551, provided he or she has not been  absent
from the United States for more than one year.

Alien Registration Receipt Cards for Approved  CSPA  Applicants

   After processing is completed, a notice of the  decision  will
be mailed to the
 CSPA  applicant. Applicants should keep this  notice  for  their
records.   If   the  application  has  been  approved,  an  alien
registration receipt card will be mailed to the applicant  within
several months. If an approved applicant needs temporary evidence
of lawful permanent resident status, the  applicant  may  present
the  original  approval  notice  and his or her passport or other
photo identification at his or  her  local  Service  office.  The
local  Service  office  will  issue  temporary evidence of lawful
permanent resident status after verifying  the  approval  of  the
CSPA  adjustment of status application.

Dissemination of Information

   The  CSPA  instructs that, if  the  President  of  the  United
States  has  not  certified  to the United States Congress before
July 1, 1993, that conditions in the PRC permit aliens to  return
safely  to  that  country, the Attorney General shall, subject to
the   availability   of   appropriations,   immediately   broadly
disseminate information concerning the  CSPA  to eligible aliens.
The Service intends to take  measures  to  ensure  that  eligible
aliens  are  aware  of  the  potential  benefits of the  CSPA  by
contacting various organizations that may have contact with  them
and  by  providing  information  to  the media. The  CSPA further
directs the Attorney  General,  to  the  extent  practicable,  to
provide  notice  of  these  benefits  to  the  last known mailing
address of each such alien. However, a potential applicant should
not  delay  filing  an  application  for   CSPA adjustment merely
because he or she has not received a notice from the Service.

   The Service's implementation of this rule as an interim  rule,
with  provision  for  post-promulgation  public comment, is based
upon the "good cause" exceptions found at 5 U.S.C. 553(b) (3)(B),
(d)(3); see Animal Legal Defense Fund v. Quigg, 932 F.2d 920 (Fed
Cir.   1991).   The   reasons   and   necessity   for   immediate
implementation of this interim rule are as follows:

   Early  implementation  will  allow  PRC  nationals  and  their
spouses  and children to obtain the additional benefits available
to applicants for adjustment of status under the  CSPA  as of the
beginning  of  the  statutorily established application period on
July 1, 1993. Furthermore, early implementation  will  allow  the
Service  to  approve a significant number of  CSPA  adjustment of
status applications during Fiscal Year 1993,  when  visa  numbers
are  expected  to  be  available. Visa numbers may regress during
Fiscal Year 1994, which would force the Service to delay approval
of   CSPA   adjustment  of status applications and delay the date
when these persons would become lawful permanent residents of the
United States.

   In accordance with 5 U.S.C. 605(b), the  Commissioner  of  the
Immigration  and  Naturalization Service certifies that this rule
does  not  have  a  significant  adverse  economic  impact  on  a
substantial  number  of  small entities. This rule is not a major
rule within the meaning of section 1(b) of Executive Order 12291,
nor  does  this  rule have Federalism implications warranting the
preparation  of  a  Federalism  Assessment  in  accordance   with
Executive Order 12612.
   The information collection requirements contained in this rule
have  been  cleared  by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act.

List of Subjects in 8 CFR Part 245

   Aliens, Immigration, Reporting and recordkeeping requirments.

   Accordingly, part 245 of chapter I of title 8 of the  Code  of
Federal Regulations is amended as follows:

   PART 245-ADJUSTMENT OF STATUS TO THAT OF PERSON  ADMITTED  FOR
PERMANENT RESIDENCE

   1. The authority citation for part 245 continues  to  read  as
follows:

   Authority: 8 U.S.C. 1101, 1103, 1182, 1255, and 8 CFR part 2.

   @245.2 [Amended]

   2. In @245.2, paragraph (a) is amended in the  first  sentence
by  adding  the phrase "unless otherwise instructed in 8 CFR 245"
immediately after the phrase "place of residence".

   3. A new @245.9 is added to read as follows:

   @245.9 Adjustment  of  Status  of  Certain  Nationals  of  the
People's Republic of China under Public Law 102-404.

   (a) Principal applicant status. All nationals of the  People's
Republic  of  China who qualify under the provisions of paragraph
(b) of this  section  may  apply  for  adjustment  of  status  as
principals  in  their  own  right,  regardless  of age or marital
status. Nationals of other countries who meet the requirements of
paragraphs  (b)  and (c) of this section may apply for adjustment
of status as qualified family members.

   (b) Aliens eligible to  apply  for  adjustment.  An  alien  is
eligible  to  apply for adjustment of status under the provisions
of Public Law 102-404, if the alien:

   (1) Is a national of the  People's  Republic  of  China  or  a
qualified  family  member of an eligible national of the People's
Republic of China;

   (2) Was in the United States at  some  time  between  June  5,
1989,  and  April  11, 1990, inclusive, or would have been in the
United States during this time period except for a brief, casual,
and innocent departure from this country;

   (3) Has resided continuously in the United States since  April
11, 1990, except for brief, casual, and innocent absences;

   (4) Was not physically present in  the  People's  Republic  of
China  for  more than a cumulative total of 90 days between April
11, 1990, and October 9, 1992;

   (5) Is admissible to the United States as an immigrant, unless
the basis for excludability has been waived;

   (6) Establishes eligibility for adjustment of status under all
provisions  of  section  245  of  the  Act,  unless the basis for
ineligibility has been waived; and

   (7) Properly files an application  for  adjustment  of  status
under section 245 of the Act.

   (c) Qualified family member who  is  not  a  national  of  the
People's  Republic of China. A qualified family member within the
meaning of this section  includes  the  spouse,  child,  son,  or
daughter  of  a national of the People's Republic of China who is
eligible for benefits under the provisions of  paragraph  (b)  of
this section, provided that:

   (1) He or she qualified as the spouse or child (as defined  in
section  101(b)(1)  of  the  Act)  of an eligible national of the
People's Republic of China as of April 11, 1990; and

   (2) The qualifying relationship continues  to  exist,  or  the
family member is a son or daughter of an eligible national of the
People's Republic of China and the family  member  was  unmarried
and under the age of 21 on April 11, 1990.

   (d)  Waivers  of  excludability  under  section   212(a).   An
applicant for the benefits of the adjustment of status provisions
of Public Law 102-404 automatically exempted from compliance with
the  requirements  of  section  212(a)(5) and 212(a)(7)(A) of the
Act. A Public Law 102-404 applicant may also  apply  for  one  or
more  waivers  of  excludability under section 212(a) of the Act,
except   for   excludability    under    section    212(a)(2)(C),
212(a)(3)(A),  212(a)(3)(B),  212(a)(3)(C) or 212(a)(3)(E) of the
Act.

   (e) Waiver of the two-year foreign  residence  requirement  of
section  212(e).  An applicant for the benefits of the adjustment
of status provisions  of  Public  Law  102-404  is  automatically
exempted  from  compliance  with  the  two-year foreign residence
requirement of section 212(e) of the Act.

   (f) Waiver of section 245(c) of the Act.  Public  Law  102-404
provides  that  the provisions of section 245(c) of the Act shall
not apply to  persons  applying  for  the  adjustment  of  status
benefits of Public Law 102-404.

   (g) Application. Each applicant must file an  application  for
adjustment  of  status  on  Form  I-485,  Application to Register
Permanent  Residence  or  Adjust  Status,  accompanied   by   the
prescribed  fee,  and  the  supporting documents specified on the
instructions to Form I-485 and  described  in  @245.2.  Secondary
evidence  may  be  submitted if the applicant is unable to obtain
the required primary evidence. Applicants who  are  nationals  of
the  People's Republic of China should complete Part 2 of Form I-
485 by checking box "h-other" and writing " CSPA -Principal" next
to  that  block. Applicants who are not nationals of the People's
Republic of China  should  complete  Part  2  of  Form  I-485  by
checking  box  "h-other"  and  writing  "  CSPA -Qualified Family
Member" next to that block. Each applicant for  the  benefits  of
Public  Law  102-404 must also submit evidence of eligibility for
the adjustment of status benefits of Public Law 102-404:

   (1) A photocopy of all pages of the  applicant's  most  recent
passport  or  an explanation of why the applicant does not have a
passport;

   (2) An attachment on a plain piece of paper showing:

   (i) The date of the applicant's last  arrival  in  the  United
States before or on April 11, 1990;

   (ii) The date of each departure the applicant  made  from  the
United States since that arrival (if the applicant did not depart
the  United  States  after  the  initial  date  of  arrival,  the
applicant  should  write "I was in the United States on April 11,
1990, and I have not departed the United States since  April  11,
1990");

   (iii) The reason for each departure; and

   (iv) The date of each return to the United States.

   (3) An attachment on a plain piece of paper showing:

   (i) The date the applicant arrived in the People's Republic of
China; and

   (ii) The date the applicant  left  the  People's  Republic  of
China  for  each trip the applicant made to the People's Republic
of China between April 11, 1990, and  October  9,  1992  (if  the
applicant  did  not travel to the People's Republic of China, the
applicant should write "I was not in  the  People's  Republic  of
China between April 11, 1990, and October 9, 1992");

   (4) A copy of evidence showing that the  applicant  was  found
eligible for benefits under E.O. 12711, such as deferred enforced
departure (DED), employment authorization, and/or waiver  of  the
two-year   foreign   residence   requirement,  if  the  applicant
previously applied for benefits under E.O. 12711; and

   (5) Primary or  secondary  evidence  of  a  qualifying  family
relationship  to an eligible national of the People's Republic of
China, such as a birth or marriage certificate, if the  applicant
is  a  qualified  family  member  who  is  not  a national of the
People's Republic of China.

   (h) Secondary evidence. If any required  primary  evidence  is
unavailable,   church  or  school  records,  or  other  secondary
evidence pertinent to the facts in issue, may  be  submitted.  If
such  documents are unavailable, affidavits may be submitted. The
applicant may submit as  many  types  of  secondary  evidence  as
necessary  to  establish  the  birth,  marriage,  or other event.
Documentary  evidence  establishing  that  primary  evidence   is
unavailable  need  not  accompany  secondary evidence of birth or
marriage in the People's Republic of China.
   (i) Filing. The application period begins on July 1, 1993.  To
benefit  from  the  provisions of Public Law 102-404 (the Chinese
Student Protection Act of 1992), an alien must properly  file  an
application for adjustment of status under section 245 of the Act
on or before June 30, 1994. All applications for the benefits  of
Public  Law  102-404  must  be  submitted  by mail to the Service
Center  having  jurisdiction  over  the  applicant's   place   of
residence  in  the  United  States.  Pursuant to the deactivation
clause of Public Law 102-404, if  the  President  of  the  United
States  determines and certifies to Congress before July 1, 1993,
that conditions in the People's Republic of China permit  persons
covered  by  Public  Law 102-404 to safely return to the People's
Republic of China, no applications for lawful permanent  resident
status under Public Law 102-404 will be processed or granted.

   (j) Immigrant classification and assignment of priority  date.
Public  Law  102-404  provides eligible applicants with automatic
classifications as immigrants under  section  203(b)(3)(A)(i)  of
the  Act.  No  immigrant visa petition is required and applicants
need not  meet  the  usual  requirements  for  classification  as
skilled  workers. The applicant's priority date shall be the date
his or her application for adjustment of status under Public  Law
102-404 is properly filed with the Service.

   (k) Effect of  immigrant  visa  number  limitations.  Eligible
Public  Law  102-404  applicants  are exempt from the per-country
immigrant visa number limitations of  section  202(a)(2)  of  the
Act.   Eligible   Public  Law  102-404  applicants  may  file  an
application for adjustment of status  under  Public  Law  102-404
without  regard  to immigrant visa number limitations of sections
202(a)(2) and 203(b)(3)(A)(i) of the Act. However, the adjustment
of  status  application  may  not  be  approved and adjustment of
status to that of a  lawful  permanent  resident  of  the  United
States  may  not be granted until a visa number becomes available
for the applicant under the  worldwide  allocation  of  immigrant
visa   numbers   for   employment-based   aliens   under  section
203(b)(3)(A)(i) of the Act. The applicant may request initial  or
continued  employment  authorization during this period by filing
Form I-765, Application  for  Employment  Authorization.  If  the
applicant  needs  to travel outside the United States during this
period, he or she may file a request for advance parole  on  Form
I-131, Application for Travel Document.

   (l) Decision. In the case of an application for adjustment  of
status  filed  pursuant  to the provisions of Public Law 102-404,
the authority conferred upon district directors in 8 CFR part 245
to  accept and adjudicate an application for adjustment of status
under section 245 of the Act  is  delegated  exclusively  to  the
service  center director having jurisdiction over the applicant's
place of residence in the United States. If  the  service  center
director  transfers  the  application  to  the district director,
authority to adjudicate an application for adjustment  of  status
filed  pursuant to the provisions of Public Law 102-404 lies with
the district director having jurisdiction  over  the  applicant's
place of residence.

   (m) Effect of enactment on family members other than qualified
family  members.  The  adjustment  of status benefits and waivers
provided by Public Law 102-404 do not apply to a spouse or  child
who  is not a qualified family member as defined in paragraph (c)
of this section. However, a spouse or child whose relationship to
the  principal alien was established prior to the approval of the
principal's adjustment of status application may be accorded  the
derivative priority date and preference category of the principal
alien, in accordance with the provisions of section 203(d) of the
Act.  The  spouse or child may use the priority date and category
when it becomes current, in accordance with the  limitations  set
forth  in sections 201 and 202 of the Act. Persons who are unable
to maintain lawful nonimmigrant status in the United  States  and
are  not  immediately  eligible to apply for adjustment of status
may request voluntary departure  pursuant  to  8  CFR  part  242.
Persons  who  have  been  granted voluntary departure may request
employment authorization by filing Form  I-765,  Application  for
Employment Authorization.

   Dated: June 18, 1993. Chris Sale,

   Acting Commissioner, Immigration and  Naturalization  Service.
[FR Doc. 93-15782 Filed 6-30-93; 8:45 am]

   BILLING CODE 4410-10-M

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