Subject: Need your help

From: [email-masked] (Xiangdong Lu)
Date: Tue, 26 Oct 93 16:19:44 CDT

Dear Chinese fellows:
I am a f-1 student from China and I came to the U.S. in 1989. I went back to
China in 1991 for 92 days. The reason that kept me staying in China longer
than 90 days was a sickness. Because I was so close to the 90 day restriction I
filed an application for permanent residence under the CSPA. Unfortunately, my
application was denied and the immigration officer even didn't give me a chance
to appeal the case. That means that I will lose my legel status after Jan. 1,
1994. I need your help. Please let me know if you have any suggestions for my
next step: Should I reopen the case? or file another application for getting
myself back to f-1 after Jan. 1, 1994, if possible, or..... If you know any one
whose similar case was approved or denied please contact me. Thanks.

---

From: [email-masked] (Yi Guo)
Date: Tue, 26 Oct 93 16:52:08 CDT

--> Dear Chinese fellows:
--> I am a f-1 student from China and I came to the U.S. in 1989. I went back to
--> China in 1991 for 92 days. The reason that kept me staying in China longer
--> than 90 days was a sickness. Because I was so close to the 90 day restriction I
--> filed an application for permanent residence under the CSPA. Unfortunately, my
--> application was denied and the immigration officer even didn't give me a chance
--> to appeal the case. That means that I will lose my legel status after Jan. 1,
--> 1994. I need your help. Please let me know if you have any suggestions for my
--> next step: Should I reopen the case? or file another application for getting
--> myself back to f-1 after Jan. 1, 1994, if possible, or..... If you know any one
--> whose similar case was approved or denied please contact me. Thanks.
--> 
--> 

   Like the other netter has suggested, use a lawyer definitely helps to 
clarify some facts.  But, I hope you would also take your time to find a
good lawyer, asking recommendations from people in your area who is the
reputable lawyer.

   The reason to say so is that I have encountered some initial appointments
with some lawyers in Dallas area, and I found some are just "filing clerk"
that know less than I am on some immigration points, needless to say to 
argue for your case.  All they do is to take cases which are pretty routine
and make big money on it.  However, I do know a pretty competent one from
recommendations of my collegues here.  Don't waste money on those money
sucker who in the end do nothing constructive for you.

-- 
        Jimmy Guo                |   CONVEX Computer Corporation
        E-mail: [email-masked]   |   3000 Waterview Parkway
        Phone : (214) 497-3120   |   P.O. Box 833851
        Fax   : (214) 497-4245   |   Richardson, TX 75083-3851, U.S.A.

---

From: [email-masked]
Date: Tue, 26 Oct 93 17:18:20 CDT

hi there,

someone told me that CSPAers wont lose their status if you are denied, he also
said that this is written in the regulation, you may check the regulation.
sorry I didnt check it.

I havent heard anyone with the 90 day problem gets the approved. it is
frustrating that this fact is contradicting to what we were told by the
IFCSS, which said 90-day will be reviewed case by case. IFCSS has
been taken credit for it has done this or that, but I havent heard one
(90-day) case being approved since IFCSS has said so. I dont mean IFCSS 
is responsible for anything, but it can certainly help, for example,
could it get a confirmation from INS that nobody stayed in china for 
90 days gets approved? or how many get approved? 

if no 90-day case has ever been approved, I dont think a lawyer can help, 
because the INS can always say:
"Since this restriction is statutorily imposed, the Service has no
discretionary authority to waive compliance with the 90-day aggregate on
physical presence in the PRC, regardless of the reasons you may have been
forced to remain there."
as it said to me.

good luck everybody!

another 92-dayer

---

From: [email-masked]
Date: Wed, 27 Oct 93 11:24:05 CDT

Did you use the advance parole for your trip to China?  My understanding on
some following rules of CSPA is that once an used to be illegal immigrants
managed to re-enter this country by advanced parole he is eligible for CSPA.
Why not those in status but just passed 90 magic days?  How about get an
advance parole and cross the country line back and forth now and therefore
become qualified for CSPA?  Any comments?