Subject: Zhao Haiching's Letter

From: [email-masked] (Yonghong Li)
Date: Sun, 8 Aug 93 12:09:03 -0400

>From [email-masked] Sat Aug  7 01:43:33 1993
Date: Sat, 7 Aug 1993 02:41:26 -0400
>From: [email-masked] (Li-Min Song - Math Grad)
To: [email-masked]
Subject: COUNCIL RELEASE: MEETING WITH STATE DEPARTMENT ON CSPA
Content-Length: 9834

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              MEETING WITH STATE DEPARTMENT ON CSPA
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          TO:       CHINESE NATIONALS NATIONWIDE

          DATE:     AUGUST 6, 1993

          FROM:     DR. HAICHING ZHAO

          Yesterday Laura Reiff, Elaine Budd, Eleanor Pelta and
myself met with State Department officials from the Visa Services
Section.  Present from the State Department were Michael Hancock,
Associate Director of Visa Services, Bureau of Consular Affairs;
Seaton Stapleton, Immigrant Visa Control and Reporting Division
Chief and Jim Hergen, Legal Counsel, East Asian and Pacific
Affairs.           
          After our meeting with the INS last week to solve some
problems regarding late arriving dependents in the U.S., this
meeting with the State Department primarily focus on issues
related to dependents who are still in China.  The officials
present at the meeting are in charge of the policy related to
consular processing in China and in third countries and thus have
an important part to play in implementing the CSPA.  They are
also responsible for maintaining immigrant visa preference number
availability.
          The topics of the meeting were primarily three folds:
1, Dependents in China; 2, Visa availability; 3, Mandatary
consular processing in third country for some dependents in the
U.S.  The following is a brief report:

1)        EMPLOYMENT BASED THIRD PREFERENCE FOR CHINA TO REMAIN
          CURRENT THROUGH THE END OF SEPTEMBER.

          First, we discussed the issue of late arriving
dependents filing their applications.  The most significant
development during the discussion was that we were informed that
visa number availability for employment based third preference
for China will remain current through the month of September. 
This means that late arriving dependents of CSPA principals will
be able to file their applications during the entire months of
August and September.  
          Next week the State Department will release visa number
availability for September and they indicated that given the data
they now have they are willing to leave visa number third
preference availability current for China for the month of
September.  As a result, late arriving dependents will have more
time to file their applications.  This is particularly good news
for those with dependents in China, because it may give more time
to prepare their applications. 
          We will continue to watch visa number availability and
keep you informed.  However, you should be prepared for the
window to close at the end of September. 
         We would once again like to point out that it will not
make any difference when you file because your application is
placed in the queue according to the priority date you get from
your principal NOT from the date you file.  There are also some
other factors which effect when you get a visa number.  The most
important thing is to file a complete application any time during
the months of August and September accurately according to the
rules.

2)        DISCUSSION ON INCLUDING DEPENDENTS UNDER THE WORLDWIDE
          QUOTA ("203(D) QUESTION").

          Although this issue will have to be resolved by INS,
the State Department is consulted by INS for their views.  In
fact, it was initially the State Department which made the
determination that dependents were subject to the China quota. 
As a result, we fully explained our position that late arriving
dependents should be under the worldwide quota and informed the
State Department of our discussions with INS on this issue.   The
State Department said that they would follow INS' final decision
on this issue. 

3)        MANDATORY CONSULAR PROCESSING IN CANADA AND MEXICO FOR
          DEPENDENTS.

          In conjunction with our discussion on including
dependents under the worldwide quota, we raised the issue of
consular processing for dependents that have fallen out of
status.  If dependents eventually can be covered under the
worldwide quota, there is still the possibility that some
dependents may not be deemed as have maintained legal status.  In
that case, it is important that the State Department be prepared
to issue the necessary directives which would mandate Canadian
and Mexican consulates to process immigrant visas for these
dependents. 

          The State Department said they would certainly look
into the issue.  In addition, they understand the special
problems of China consular processing for CSPA dependents.  They
indicated that if the situation comes to that point, they would
be cooperative in providing for consular processing in Canada and
Mexico. 

          However, we are continuing to press the INS to deem
CSPA dependents to have maintained lawful status.  We think it is
particularly unfair that those that entered the DED program
before should cause their dependents being now deemed not to have
maintained legal status. 
4)        NONIMMIGRANT VISAS FOR CSPA DEPENDENTS IN CHINA. 

          We told the State Department that given the current
interpretation of the CSPA, some Chinese families would continue
to face long separations because their dependents in China may
not be easily coming to the U.S. to visit.  We asked that CSPA
dependents in China that request nonimmigrant visas to visit
family in the U.S. be given favorable consideration and not be
flatly rejected due to the "immigrant intent".  We thanked them
for their directives of a similar nature when implementing the
Executive Order and asked that they consider doing this once
again. 

          They indicated that if we had problems in this regard
in the future, please let them know and they would be
cooperative. 

          If you are a CSPA principal and have any problems
securing nonimmigrant visas for dependents in China, please let
us know and we will pass this information on to the proper
individuals at the State Department. 

5)        CONSULAR ACCEPTANCE OF SECONDARY EVIDENCE OF BIRTH AND
          CHINESE POLICE CERTIFICATE WAIVER.

          In the CSPA regulations, INS allows for production of
secondary evidence of birth without proving that a birth
certificate is not available.  They recognized the difficulty of
getting primary documentation from Chinese authorities that
oppose the CSPA.

          We asked that dependents processed at consulates also
be allowed to use secondary evidence of birth for the same reason
as it was necessary for the principal.  The State Department said
they would consider this and let us know later. 

          In addition, when dependents process in China or in a
third country, they are required to provide a police certificate. 
Again, this may be difficult for the same reason it is difficult
to get birth evidence.  The State Department said they would
consider this point.

          CRUCIAL INFORMATION NEEDED ON CSPA RELATED ISSUES
               
          In our effort to solve CSPA related problems, we have
pushed different government agencies to consent on a variety of
issues.  However, in our meetings with INS and the State
Department, many decisions would not be definitely made primarily
due to the fact that there is not enough reliable data.  

          When we push the 203(d) issue, namely to have all
dependents covered under the worldwide quota instead of having
them compete with later coming students under the China quota, we
need an accurate number; When we pushed on the issue of DED
dependents' legal status, we were also asked for an estimate of
how many people we were talking about; When we seek more benefits
for dependents who are still in China, we need information as
accurate as possible.  

          Recently we have learned of many problems regarding
dependent applications in different local INS offices.  Some of
the problems we were able to help and some we have to seek help
from the INS central office.  When we push INS to solve these
CSPA implementation related problems at the local level, we need
to know about the problems as thoroughly as possible.       

          Please complete the following information sheet and
return to us as soon as possible.

          CSPA IMPLEMENTATION PROBLEM SURVEY

Name      (Last)___________   (First)__________

Address   ________________________________

          ________________________________

          ________________________________

Telephone:________________________________(H)

          ________________________________(O)

E-Mail:   ________________________________

If there are dependents in your family, please fill in the
appropriate box.

I am a dependent ____;   I am a principal _____.  In my family,
there are (please indicate the number):

          _____  dependents who can file according to INS cable;

          _____  DED dependents (out of status before 7/1/93)
                    according to INS cable;

          _____  dependents as J-1 holder themselves;

          _____  dependents in China or other country (_____);

          _____  dependents in other situation, explain:

                 ___________________________________________;

          _____  dependents who are in China and may need         
                 nonimmigrant visa to come to U.S.;

          _____  principals subject to 90 day rule.

We have encountered the following problems related to CSPA
application (please use seperate sheet if needed):

Please forward the above information sheet to E-mail address:

          [email-masked]

or FAX it to:  (202) 835-1883

You can also send your letter to:

          National Council on Chinese Affairs
          P.O. Box 77418
          Washington, D.C. 20013-7418

Thank you for your cooperation.

/end