

Article 11399 of soc.culture.china:
Path: bsu-cs!iuvax!mailrus!ames!ncar!boulder!sunybcs!rutgers!bellcore!clyde!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem:  Case Discussion  (Q-5)
Keywords: Applying for the waiver of two-year home country physical stay
Message-ID: <[email-masked]>
Date: 10 Feb 89 00:17:43 GMT
Sender: [email-masked]
Lines: 100

=============== Information from Xiaoping Yuan's Friend ==================

The message delivered here are for your information, correction, supplement
and comment.  Read all posting on the series to get entire information.

For the LISTING OF COMPLETE COLLECTION of the series, see <<Passport Problem,
Q & A: A Few Word From The Author (G-3)>> posted on 26th of January 1989.

I am neither an US INS officer nor PRC officer, following case discussions
are based on the information I have.
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A Case from a SCC netter:
~~~~~~~~~~~~~~~~~~~~~~~~ 
I have got a question for you.  I am bearing light brown cover passport.
Can I apply for waiving the restriction on my J-1 visa if I can get the
certification from my former unit back in CHINA showing that I was 
self-supported and I have been fired by the unit already?  Is there 
possibility?  It's shown on my IAP-66 that I was supported by myself.

Discussion on the Case:
~~~~~~~~~~~~~~~~~~~~~~ 
The US INS and IA won't accept the "certification" from your unit. But the 
certification might be useful to get a "non-objection letter" issued by PRC 
government (i.e. PRC embassy/consulates in US) if they are "flexible and 
considerate" on you.

According to US INS Code,
 
1) If one get a letter of non-objection from his/her home country (government 
   or embassy), he/she may be granted waiver of two-year home country stay.

   Some Chinese students did get the letter from embassy.  But the ENCS No.33
   (published on Jan. 22, 1989) reported that a Chinese student was rejected
   to be issued such a letter by PRC embassy.

2) If one can prove that he will suffer from political persecution upon his
   return to his home country, he may be exempt from the two-year home country
   stay rule.

   In this case, there is no difference from asking for political asylum. 
   Some cases were discussed in SCC last year. e.g., the "baby asylum" case.

3) If an US governmental agency believes someone's skill and ability in some
   field are extremely important to US defense or technological development,
   the agency may petition the waiver for that person.

   In my school, a Chinese faculty came here on J-1 visa in 1982.  He got
   hired for practical training in 1985.  In 1985, his research report was
   awarded an important international prize, my school and state government
   petitioned the waiver for him.  It took quite a long time and complicated
   procedure, his department chair is the chairman of a national association
   and gave him big help, finally, he got green card.

4) If one married an US citizen, he/she is still subject to the rule.  Except 
   that the person can prove his/her family will suffer greatly from his/her 
   leaving US.

   The US INS does not think the pregnancy, having young child(ren), the 
   illness which had been found before getting married and such like, can be
   a valid reason to ask for the waiver because those are predictable events
   before getting married.  The person concerned should be aware of their
   future hardship when they got married.  If the hardship comes out after
   getting married, e.g., one party concerned becomes disabled, INS may
   issue the waver to the person concerned.
  
   In the last two years, US newspapers reported several similar cases.
   One case is about a Portugal girl, she came to US on J-1 visa and married
   an American man.  She and her husband applied the waiver but it's turned 
   down.  Then, they asked a US senator from Illinois for help.  The senator
   successfully stopped deporting the girl and they won the case in the 
   immigration court.

   The second case is still under processing.  An Indian J-1 student, studying
   medical science in US, got married with an American girl and they had two
   children.  The American wife took their children back to Indian in 1987 and
   lived there for half an year while the Indian student was studying in US.
   The mother and children did had the hardship in Indian, children got sick
   and mother was not able to bear the standard of life in the small remote
   village.  So, they came back to US and ask INS for the waiver.  Their
   application was rejected because "the hardship is predictable" when they
   married.  They didn't give up and also asked a US senator to intervene in 
   their case.  This case is under processing.

Finally, even if your form IAP-66 shows that you are self-supported, if your
J-1 visa stamp indicates you are subject to the two-year home country stay rule,
or you came to US after July 12, 1984, you are still subject to the rule
because self-supported does not necessarily mean you are not exchange student.
(The funds for exchange students may be provided by privates).
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Coming-up Information:  Passport Problem
^^^^^^^^^^^^^^^^^^^^^
General Information:  G-*, The number of various visas issued to PRC students
                           and their family members in past years
                      G-*, US visa definitions from A through P 

Case Discussions   :  Q-*, From J-2 to F-1;  Change J-1 to F-1 outside US
                      Q-*, Change J-1 to F-1 within US

==========================  THE END OF Q-5  ================================