Subject: IFCSS NR5038

From: Mi Mi <[email-masked]>
Date: Thu, 19 Aug 93 11:15:22 EDT

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Date: Thu, 19 Aug 93 09:56:15 CDT
Comment:  IFCSS Personal Broadcasting System
Originator: [email-masked]
Reply-To: <[email-masked]>
Sender: [email-masked]
Version: 5.5 -- Copyright (c) 1991/92, Anastasios Kotsikonas
>From: IFCSS HQ <[email-masked]>
To: Multiple recipients of list <[email-masked]>
Subject: Current Status of CSPA and Visa Numbers for China (IFCSS HQ NR 5038)

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IFCSS Headquater News Release No. 5038            Aug 18, 1993
**************************************************************
Independent Federation of Chinese Students and Scholars (IFCSS)
   733 15th Street, N.W., Suite 440, Washington, D.C.20005
         Tel. (202)347-0017  Fax: (202)347-0018
                Email: [email-masked]

       Current Status of CSPA and Visa Numbers for China
       =================================================

     The past weeks have witnessed some confusion over CSPA, which
was due in part to inadequate communication. While some
beneficiaries complained about IFCSS' lack of enthusiasm in further
pursuing the issue, some new-comers (arriving after April 11, 1990)
accused IFCSS of promoting the interests of the early-arriving
students at their expenses. After contacting some representatives
on both sides, IFCSS HQ is convinced that there is no inherent
conflict of interests between the two groups. We reaffirms our
commitment to serving the whole CSS community and we hope that you
will help achieve this end by letting us know exactly what you want
to know and what your concerns are.

     The following information is provided as part of the effort to
dispel confusion and misunderstanding.

     The focus of contention seems to be late-arriving dependents
(LADs). We want to clarify that IFCSS has NEVER lobbied to include
LADs in the employment-based 3rd preference; the U.S. Immigration
Law provides that if the principal files under the 3rd preference,
his/her dependents are eligible to adjust their status using visa
numbers in the same category. In fact, we have recommended that
LADs be allowed to use worldwide quota. Having failed to achieve
that, we asked that they be allowed to adjust their status without
going to a third country. And we partly succeeded in this attempt.

     As for the overall impact of the CSPA on future China quotas,
the current information is not enough to make a precise assessment,
but we can safely predict that after CSPA, the waiting period for
applicants under China's employment-based 3rd preference should be
shorter rather than longer. Back in July, the cutoff date for the
3rd preference was October, 1993; by August, the backlog has
disappeared, which means that visa numbers have become available
for everyone who has applied for 3rd preference through normal
channels.

          We have no way to find out how many late-arriving
dependents have applied, since their applications are filed with
local offices and got mixed up with other applications. However,
according to our survey, the ratio between late-arriving dependents
and principals plus early-arriving dependents are 1:5. Therefore,
the total number of late-arriving dependents should be around
8,000. About half of these dependents are not eligible to file
under the employment-based 3rd preference, because the current
regulations provide that only those who have continuously
maintained lawful status are eligible to apply. So the actual
number of late-arriving dependents who apply should be around
4,000. It is true that applications are still coming in under CSPA,
and yet we should be aware that not all those who have filed will
be approved.

     There was an error in IFCSS News Release No.5033. Late-
arriving dependents are using China's quota, not the worldwide
quota. The wrong information was obtained from an INS officer. At
the time, it happened that both Heping Shi, IFCSS officer in charge
of the CSPA, and Ms. Rita Boie, who is in charge of drafting the
regulations, were out of town. We do apologize for the error.

     To help assess the impact of CSPA on China's employment-based
visa numbers, we contacted Immigrant Visa Control division at
Department of State. We were told that for both August and
September, 1,500 visa numbers would be allocated. A cut-off date
will be set in October or late September, depending on how many
applications INS will process in August and early September. The
next fiscal year starts on Oct. 1, 1993 and ends on September 30,
1994. It is impossible to predict how many visa numbers will be
made available to China's employment-based 3rd preference, for visa
numbers in different categories can roll over to one another. The
total number for China (all categories) for the current fiscal year
is 27,552, but the number for next fiscal year has not been
determined.

     We understand that some new-comers are concerned with the
reports that some LADs are applying under employment-based 2nd
preference and illegal immigrants are also eligible to apply under
the CSPA if they reenter on advanced parole. We wish to point out
that since all the CSPA principals are using the 3rd, it is
impossible for their dependents to have derivative benefits using
the 2nd. Some students must have confused family-based 2nd, for
which LADs are eligible, with employment-based 2nd. As for the
illegal immigrants, INS CSPA Wire #5, which was released on August
13, contained the following instruction:

     "It is clear from the language of the Executive Order that it
     was intended to protect Chinese students and scholars. The
     mandate to facilitate travel was out of concern for the
     necessity of certain of these students and scholars to travel
     abroad in connection with their academic pursuits. It is
     equally clear that the Executive Order's reference to travel
     facilitation was not intended to provide legitimate
     immigration status to those who did not already have such
     status."

     IFCSS is prepared to set up a work committee to address the
concerns of those who are not covered under the CSPA. It is also
willing to provide financial as well as human resource support for
any project that advances the interests of the new-comers. We also
encourage local Chinese student organizations help channel the
opinions of new-comers. Only by maintaining solidarity can we
protect and promote our interests.

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