

Article 21717 of soc.culture.china:
Path: bsu-cs!iuvax!cica!tut.cis.ohio-state.edu!rutgers!jarvis.csri.toronto.edu!utgpu!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem: Official Q/A About Deferred Departure  (S-3)
Keywords: Who should request it, what are the advantages and disadvantages
Message-ID: <[email-masked]>
Date: 3 Jul 89 16:53:08 GMT
Sender: [email-masked]
Lines: 92

========== Information From The Author Of Passport Problem Series ============

          Answers to Questions Asked by Chinese Students in U.S.
          ------------------------------------------------------

The National Association for Foreign Student Affairs has provided the following
answers to questions about new U.S. visa policies for Chinese citizens now at
American colleges and universities.  The information was based on instructions
issued this month by the Immigration and Naturalization Service.

1. If a student or scholar's program comes to an end before June 5, 1990, what
   should he/she do?  How does one apply for deferred departure?

  A student or scholar whose non-immigrant status comes to an end before June 
5, 1990, may elect to defer his/her departure from the United States until this
date.  As of this writing, the INS has not announced the procedure they will
use for issuance of deferred departure and work authorization.
  
  If the student or scholar is eligible to apply for an extension of stay or a
transfer to a new academic program before June 5, 1990, he/she should follow
the normal application procedures.

2. If a student or scholar's program does not end until after June 5, 1990, 
   what should he/she do?

  A student or scholar whose non-immigrant status does not end until after
June 5, 1990, is not required to do anything at this time.  However, according
to the INS cable, "a PRC national who is maintaining a non-immigrant status may
request that his/her non-immigrant status be terminated and that he/she be
granted a deferral of enforced departure under this directive."  Note: a 
student or scholar who chooses this option and who later wishes to continue
as a non-immigrant student will not be reinstated to student status.

  If the student or scholar is eligible to apply for an extension of stay or a
transfer to a new academic program before June 5, 1990, he/she should follow
the normal application procedures.

3. What's the meaning of "deferred departure" in general term?  What are its 
   advantages and disadvantages?

  Under the current situation, the INS has defined deferred departure as a
means for those who cannot extend their non-immigrant status and who have
indicated an unwillingness to return home at this time, to remain in the United
States until June 5, 1990 (i.e., a PH.D. graduate in J-1 exchange visitor 
status who has completed the 18 months of practical training).  For those who
remain in the United States under deferred departure, the INS has stated that
employment will be authorized.  However, the exact process for this
authorization has not yet been announced.

  At this time, it appears that if a student or scholar requests deferred
departure from an INS district office he/she will not be reinstated again to
non-immigration status at a later date (i.e., an F-1 or J-1 student who has
completed the academic program as well as practical training, is given deferred
departure by the INS, and then decides to continue with another academic
program that would run beyond June 5, 1990 may be prohibited from doing so
without leaving and re-entering the United States).

4. How do the provisions of deferred departure apply to F-2 and J-2 dependents?

  The INS memo states that deferred departure applies to "PRC nationals who
were in the United States as of June 6, 1989."  Although not specifically
stated, it is assumed that the benefit of work authorization under deferred
departure will also apply to F-2's and J-2's.  Confirmation is still needed
from INS, however, on this point.

5. What's the definition of asylum?  What are the advantages and disadvantages  
   of this option under current circumstances?

  According to section 101(a)(42) of the Immigration and Nationality Act, 
anyone currently in the United States may request asylum " ... who is unable or
unwilling to return [to that person's country of nationality or country of
habitual residence] ... 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 ...."  An asylum application is
made on INS form I-589 and is filed with the district director's office.  NAFSA
advises that this serious step only be undertaken after consulting with an
attorney who specializes in immigration law.

  The INS has stated in its cable that if an asylum application is filed at
this time and denied, the applicant will not be forced to depart the United
States prior to June 5, 1990.  Applicants who have received a denial on an
asylum request, however, will probably not be able to be reinstated to non-
immigrant status.

============================ The End Of S-3 ================================