

Article 21718 of soc.culture.china:
Path: bsu-cs!iuvax!rutgers!jarvis.csri.toronto.edu!utgpu!watmath!watdragon!violet!rzhu
>From: [email-masked] (Rupert Zhu)
Newsgroups: soc.culture.china
Subject: Passport Problem: Suggestions & Q/A About Deferred Departure  (S-4)
Keywords: Last alternative, Invalid passport, Exception, B-1 to F-1/J-1.
Message-ID: <[email-masked]>
Date: 3 Jul 89 16:58:10 GMT
Sender: [email-masked]
Lines: 123

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

Many Chinese students in the U.S. have raised concerns about our status and
possible actions we should take given the current turmoil in China.  I would 
like to be sure that we all have the same information concerning recent U.S. 
government statements to the effect that we will not be required to return to 
China at this time.  I also would like to ensure that all of us are aware of
the recommendations made in this article are based on the best information I
can get from public sources. 

You have read the "Official Document of US INS Regarding Deferred Departure" 
(S-2) and the "Answers to Questions Asked by Chinese Students in U.S." (S-3)
posted before this article.  There are more suggestions from attorneys and
foreign student advisors, I have summarized their comments and recommendations
as follows:

1. For the time being the best route for you to take is NOT to formally 
   indicate unwillingness to return to China nor to request asylum but rather
   to try to continue in your present status.  The primary reason for this is
   that once a student or visiting scholar is granted "deferral of enforced 
   departure," it will be impossible to regain non-immigrant status and very
   difficult to shift to IMMIGRANT status without first returning to China.
   No one is going to be forced to leave the U.S. before June 5, 1990 in any
   case.  If you formally declare that you wish to be granted deferral of
   enforced departure, you will have to return to China next June unless 
   deadline is extended.  So, this is the last alternative to take.

2. While deferral of enforced departure is available to anyone, asylum will be
   granted only if it can clearly documented that the individual is likely to
   be in danger if he or she returns, and it is good only so long as the U.S.
   State Department and INS feel the danger continues.  In other words, the
   status is reviewed at regular intervals; putting oneself on record by 
   seeking asylum may do more harm than good if INS later decides it is safe
   for those granted asylum to return.

3. Following normal procedures to prolong a stay here may achieve the same end
   as the request for deferral or asylum without the risk.  In addition to the
   usual extensions of temporary stay for completing your education, for some
   students who have completed their degrees they can obtain a work 
   authorization for up to 18 months of employment relevant to the 
   individual's field of study that will also defer departure.

4. While this the current recommendation, it is hard to be sure just what to
   suggest at present because so many things are still up in the air.  What
   is being heard is that everyone should wait for the dust to settle in China
   so a good assessment of the long range effects of the current troubles can
   be made before taking any drastic step.  At present there are simply too
   many rumors around for us to feel comfortable with suggesting a change from
   normal procedures.  For example, the U.S. Congress is considering some bills
   that will waive the two-year home country physical stay for Chinese students
   and scholars on J-1 status.  What effect that will have, if the bill gets
   passed, isn't at all clear.  And so on.

Next are the answers to some relevant questions:

Q: Can someone who has applied for and been granted deferred departure by INS,
   travel outside of the U.S. for a brief visit and re-enter?

A: No.  Individuals who have chosen deferred departure do not have a status 
   that allows them to travel out of U.S. and to be readmitted by INS at a port
   of entry.  In addition, those in deferred departure do not qualify for
   "advanced parole" --- an INS measure that does allow departure and re-entry
   for aliens in specific situations.

Q: Can someone who was in the U.S. as a student/scholar before June 6, 1989
   qualify for deferred departure, even if he/she was temporarily out of the
   U.S. at the time of the announcement (i.e. for visit abroad, research 
   project, etc.)?

A: No.  In order to qualify for deferred departure, one must have been 
   physically present in the U.S. at the time of the announcement on June 6,
   1989.  Although student/scholar may have made his/her original entry before
   this date and was absent from the U.S. for a temporary period, this does not
   allow the individual to qualify.
   (Note: INS is really taking a hard line here --- to the point of being 
   unduly harsh, in our opinion.)

Q: What about those students/scholars who are not electing deferred departure
   at the present time, but who simply plan to continue in their academic 
   programs?  Many of these individuals may need to renew their passports in 
   the future, but are afraid of making contact with the embassy or consulates
   (i.e., passport renewal may be denied, or consular officer may put their 
   name on a list).  Will INS make any exceptions to the regulation stating 
   that aliens must have valid passports for extension of stay requests?

A: INS examinations division is aware of the problem.  However, they are not
   willing at this point to make any policy changes allowing an exception to
   the regulation for PRC nationals.  Precedence was cited for previous 
   situations where exception of this nature was granted to nationals of other
   countries, so INS may be prepared to do something in the future, but no word
   yet.

Q: Can a student or scholar who has elected to take deferred departure, take
   courses at an academic institution or enroll in an academic program?

A: The decision to allow someone in deferred departure to take courses or enroll
   in an academic program is mainly an institutional decision, not one  that INS
   would get involved in.  However, under deferred departure the individual does
   not have a student status.  In addition, under current INS policy once
   deferred departure ends on June 5, 1990, the individual would not be 
   reinstated.

Q: Can a PRC national, who were in the U.S. as of June 6, 1989 and on B-1 
   visitor/tourist visa, change their status from B-1 to F-1/J-1 (student or
   scholar status)?

A: As long as the individual stays on his/her non-immigrant status, i.e., 
   remains on B-1 status, he/she is eligible to apply for the change of status
   from visitor/tourist to student/scholar by following normal application
   procedure.  If the individual elects to take the deferred departure (e.g., 
   if he/she is denied for the extension of stay on B-1 visa, he/she have to 
   take the deferred departure to remain in the U.S.), his/her non-immigrant 
   status will be terminated, therefore the individual cannot apply for the 
   change of status.

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