Subject: CND-EP Weekly Posting, June 22, 1990

From: <yawei>
Date: Sat, 23 Jun 90 12:20:29 -0500

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=====================  Europe / Pacific Section (CND-EP)  =====================
                                 June 23, 1990

Foreword by the editor:

     No matter where you are, if you are of mainland Chinese students and
scholars, you have some kind of concern about your passport and visa/
resident status/issues.  In this issue, we carry visa info about Chinese
students and scholars staying in the USA (we'll also carry similar info
about Canada in the near future).  This is for the reference of CND readers
in Europe and Pacific area and we can only provide very brief information out
of almost countless message on passport/visa issues posted on North America 
computer network since last three years.
                                               Bo Xiong in Chicago, U.S.A.
                                                           For CND-EP

---------------------------- Table of Contents ---------------------------
No. Subject                                                     # of Lines

1. Visa Issue Regarding Ex-J-1 Students now outside of USA..............70

2. New (April) US Presidential Executive Order.........................125
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1. Visa Issue Regarding Ex-J-1 Students now outside of USA
==================================================================(70 lines)
Message from a CND reader in Canada:

Dear CND Editor:
Bush's recent executive order has some substantial changes from
the previous one.  It also includes some regulations concerning
previous US students who are now outside of US.  Since there are
many CND readers here in Canada who have studied in US, this information
is important to them. I am afraid that the complete text of the order
is available in US network but not in Canada.   Could you please help
by obtaining a copy of the order from any US editor and broadcasting it
through CND?  Thank you.

Comments by CND editor Bo Xiong <[email-masked]>:

So far as I have seen through public sources, Bush's new Executive Order
of April 11, 1990 to protect Chinese nationals in the US (see this issue
of CND-EP) does provide something substantially more than his old order 
published last Nov. 30 (I would not discuss here on what's new in Bush's
new order since it's listed in attached IFCSS news release).

But, there is little thing new for those Chinese students who studied
in the United States on J visa and are outside of US no, no matter
whether they left US before or after June 5th, 1989.

According to February's World Journal (Si Jie Ri Bao), US Immigration
and Naturalization Services (US INS) has officially announced that all 
ex-Chinese J-1 students who are now outside of US are not covered by Bush's 
Order of November 30, 1989, except those who can prove that their absence 
from US is "brief, casual and innocent".

Since then, IFCSS (Independent Federation of Chinese Students and
Scholars in the US) lobbying group has been trying to get those ex-
J-1ers covered by the presidential executive order, here is an excerpt
from IFCSSS News Release of April 4, 1990:

-----------------------------------------
>From: [email-masked] (Yuan-geng Huang)

	IFCSS-VISA (4/4/90): Meeting Results with INS and State Dept.

Today we had a meeting with INS and State Dept. Other interested parties
(NAFSA, etc.) and media are invited to attend meeting besides IFCSS and
our lawyers, so it is an open meeting.

Issues resolved:

1) Practical training issue: ...

2) Withdrawing an Asylum Claim: ...

3) Brief, casual and innocent absences: Those who go abroad (including
China) for short period of time (within 4-5 months) to attend meeting,
tourist, etc. will be considered brief, casual and innocent.  For those
who are required by the program to do research work abroad for more than
a year would also qualify for the waiver;

......
------------------- End of excerpt -------------------

As we see, Bush's new order didn't mention this issue so that it is left 
for US INS to make decision in "complementation".  Until today, US INS has
not announced any change of its stand on this issue, i.e., US INS only 
accepts the application for waiver of two-year home country requirement 
from those who are now in the US but were absent from US before December 1,
1989, "brief, casual and innocent" per Bush's Excutive Order published in
November 30, 1989.
============================================================================

2. New (April) US Presidential Executive Order
=================================================================(125 lines)
>From: Zhao Haiqing <[email-masked]>     Date: 11 Apr 90 21:17:00 GMT

**************************************************************************

                IFCSS: NEW PRESIDENTIAL EXECUTIVE ORDER

**************************************************************************

        To:  Coordinators Nationwide

        From:  National Committee on Chinese Students Affairs

        Date:  April 11, 1990

The following is the new executive order issued by the President
Bush today.  It is, as we can see it now, a fantastic measure
in terms of protecting Chinese nationals.

It includes:

1) EDD program is extended to Jan. 1, 1994 for ALL Chinese nationals
who are in the U.S. as of TODAY.

(CND-EP Editor's note: EDD == Extended Deffered Departure)

2) Passport waiver through Jan. 1, 1994 and to provide travel document
to travel to other country and re-enter into U.S. as the same status.

3) J-1 waiver, lawful status, work authorization through Jan. 1, 1990
for PRC nationals.

4) Abortion issue.

5) J-1 time counted for F-1 practical training requirement and asylum issue
is also solved.

(CND-EP Editor's note: according US law, foreign students on F-1 visa must
                       complete at least nine months study before they can
                       look for a full time job out of campus)

This is certainly a victory for all the Chinese nationals in the U.S.
and a victory for our democratic effort.  We hope from now on,
that we, the Chinese people in the U.S. can and will unite our effort
and concentrate on bringing about democracy in China.

Haiching Zhao, Ph.D.
Harvard University
Chairman,
CCSA/IFCSS

****************************************************************************

                        EXECUTIVE ORDER

                        April 11, 1990

                POLICY IMPLEMENTATION WITH RESPECT TO
                NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA

        By the authority vested in me as President by the constitution
and laws of the United States of America, the Attorney General and the
Secretary of State are hereby ordered to exercise their authority,
including that under the Immigration and Nationality Act (S U.S.C. 1101-1337),
as follows:

        SECTION 1. The Attorney General is directed to take any steps necessary
to defer until January 1, 1994, the enforced departure of all nationals of the
People's Republic of China (PRC) and their dependents who were in the United
States on or after June 5, 1989, up to and including the date of this order
(hereinafter "such PRC nationals").

        SECTION 2. The Secretary of State and the Attorney General are
directed to take all steps necessary with respect to such PRC nationals
(a) to waive through January 1, 1994, the requirement of a valid passport
and (b) to process and provide necessary documents, to facilitate travel
across the border of other nations and reentry into the United States in
the same status such PRC nationals had upon departure.

        SECTION 3. The Secretary of State and the Attorney General are
directed to provide the following protections:

        (a) irrevocable waiver of the 2-year home country residence
requirement that may be exercised umtil January 1, 1994, for such PRC
nationals;

        (b) maintenance of lawful status for purposes of adjustment of
status or change of nonimmigrant status for such PRC nationals who
were in lawful status at any time on or after June 5, 1989, up to
and including the date of this order;

        (c) authorization for employment of such PRC nationals through
January 1, 1994; and

        (d) notice of expiration of nonimmigrant status (if applicable)
rather than the institution of deportation proceedings, and explanation
of options available for such PRC nationals eligible for defered departure
whose nonimmigrant status has expired.

        SECTION 4. The Secretary of State and the Attorney General are
directed to provide for enhanced consideration under the immigration
laws for individuals from any country who express a fear of persecution
upon return to their country related to that country's policy of forced
abortion or coerced sterilization, as implemented by the Attorney
General's regulation effective January 29, 1990.

        SECTION 5. The Attorney General is directed to ensure that the
Immigration and Naturalization Service finalizes and makes public its
position on the issue of training for individuals in F-1 visa status and
on the issue of reinstatement into lawful nonimmigrant status of such
PRC nationals who have withdrawn their application for asylum.

        SECTION 6. The Department of Justice and State are directed
to consider other steps to assist such PRC nationals in their efforts
to utilize the protections that I have extended pursuant to this order.

        SECTION 7. This order shall be effective immediately.

                                        George Bush

                                        White House
                                        April 11, 1990.

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