

Article 11895 of soc.culture.china:
Path: bsu-cs!iuvax!mailrus!jarvis.csri.toronto.edu!utgpu!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem: Case Discussions  (Q-8)
Keywords: Prepare documents for applying for waiver of two-year rule
Message-ID: <[email-masked]>
Date: 22 Feb 89 00:26:10 GMT
Sender: [email-masked]
Lines: 147

================ 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.
---------------------------------------------------------------------------

Case 1:
~~~~~~
One of my friends has a question about the J-1 visa.
The question goes like this:

She came to the States before 1984.  According to the previous
post about the passport problem, she still has a chance to survive
even though she is on the black list.  However, she went back
to visit her parents in China in 1986 and subsequently the new
visa with two year residency stamp was printed on her passport.
She would like to know whether she can use her first arrival
date when the visa status is asked.  In other words, can she still
claim that she came here in 1983 and ignore the stamp? 

Discussion on 1:
~~~~~~~~~~~~~~~
Your friend may follow the procedure for the PRC J-1ers who came here before
July 12 of 1984.  Possibly, she will reach the stage the same as the student
discussed in Part III (T-3) Case 1 and 3.  Then when INS interviews or process
her file for final approval, they will notice her second J-1 visa issued after
1984, she will be asked following the two-year rule because the damned stamp
is on her passport and INS may say "it's not us to ask you follow the two-year
rule, it's US consul".  She'd better ask a competent lawyer to handle and
discuss with her lawyer in every detail.  Usually, INS never gives the person
concerned even a small hole to get through.

Anyway, she'd better prepare herself for applying for the waiver.
According to my friend's experiences, the procedure is as follows:

1) Ask a competent lawyer to represent her in dealing with US IA and INS.

2) Prepare a bunch of documents which can prove you were self-supported
   student (even you are on the blacklist), many Chinese papers could be used
   as proof, such as
   1) The receipt of airfare.
   2) The approval document of your resignation from your domestic unit.
   3) Letters sent to you from your unit and/or PRC consulate in US.
   4) Anything else you believe helpful.

She cannot ignore the later visa stamp, but she might "skip" it by starting
applying for the waiver earlier.  If she is lucky, she may get the waiver 
letter before the final processing in INS so even if they notice the later visa
stamp, she has got the waiver.

It should be pointed out that US IA accepts the English translation of Chinese
documents done (or verified) by lawyers as valid evidence.

The ex-student in Part III (T-3), when he asked the "Big Lawyer" to apply for
the waiver, he furnished following documents and English translations (done by
himself):
1) A letter from PRC consulate in Houston to him dated in 1984.  The subject of
   the letter is to verify he is a self-supported Chinese student visiting his
   family and ask Chinese Custom House let him take "Big Articles" back to PRC.
   He didn't go home but saved the letter (it's a standard-printed letter with
   consulate's seal on it--most official proof!).
2) His airfare receipt and the TAship contract for the first year he was here,
   and the very first IAP-66 which showed he was on TAship offered by his
   university.
3) The official invitation letters issued by his parents' city government in
   honor of "self-supported students' parents" for the Chinese spring festival
   get-togethers from 1983 through 1986.

He believes those documents worked fine because finally he got the waiver letter
from US IA. 

More Precise Information about the Case (4) in Part III (T-3):
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1. That person was just issued US green card in Jan. 1989.
2. He was interviewed by his INS area office again in Jan. 1989 and approved
   during the interview.
3. He came here before July 1984 on J-1 visa with dark brown passport, his
   passport expired in 1988.  He is on the PRC "blacklist" (Part III, T-3
   said he is not).
4. He invited an assistant of the big lawyer (see the supplement to G-4) to
   accompany him to the interview.  Certainly, he paid a lot for the attendance
   of his lawyer (the lawyer flew to his city from Washington D.C.).
5. Before the interview, his lawyer discussed his case with him in every detail
   and analyzed all possibility thoroughly.  During the interview, his lawyer
   answered most questions and "strongly" argued with INS officer in charge.
6. He presented following decisive documents to INS in the interview:
   i)  The receipt issued by his domestic unit, which verifies that he has
       returned the airfare and the "clothing fee" paid by his unit before he
       came here.
   ii) His university provided a letter to INS to confirm that the university
       paid all of his expenses here upon his arrival in exchange of his
       personal services and the very first form IAP-66 was incorrectly filled
       by the university (the IAP-66 said the university accepted him as an
       exchange visitor).  His present employer is the same university who
       petitioned the H-1 and labor certificate for him.

--------------------------------------------------------------------------------

Case 2:
~~~~~~
I am wondering if you could give a summary on the impact of those coded
numbers that occasionally appear on the visa of some PRC students.  I have
heard people mentioning about 202A, 212A on SCC.  I have even seen passports
with 212d or 212e stamped on them.  What kind of problems they will be 
facing when they decide to seek permanent residency in this country?  What
do they need to do to overcome those difficulties?  Does the stamp make it
impossible for the bearer of this kind of visa (either J-1 or F-1) to
obtain an H-1 visa or a green card?

Discussion on 2:
~~~~~~~~~~~~~~~
Personally, I did see such a stamp on Chinese students' passports for many 
times too.  Unfortunately, I cannot remember those details of the stamps.
Basically, the stamps look like 2XXX, which seems to mean 
1) Communist government-supported, 
2) US government-supported, 
3) international organization-supported, 
4) other support for exchange
and so forth.  Any of those specifies that the bearer of this visa is subject
to the two-year home country stay rule or the like.

For a discussion on the rest of the question see above Case 1 and Q-7.

------------------------------------------------------------------------------

Coming-up Information:         Passport Problem
~~~~~~~~~~~~~~~~~~~~~
Case Discussions :     

Q-9:  Stay in US with ABC;  Getting green card now;  J-2er seeks job.

Q-10: Family members' passport problems, F-2, Parents and Finance/e.

Q-11: Switch to US from Europe;  Change Visiting Scholar to Student.

Q-12: Set-up I-94 before visiting home;  Renew light brown passport.

============================= THE END OF Q-8 ============================