Subject: ratio for Lad to principals

From: "H. wang" <[email-masked]>
Date: Wed, 23 Mar 94 21:25:40 CST

Hi, everyone,

1/8 was mentioned in net as the ratio for LADs to CSPA principals.
It seems it should be 1:5.  Please read the followed news release
from IFCSS last year.

======================the included message =======================
Date:         Thu, 19 Aug 1993 10:51:20 -0400
Reply-To:     IFCSS HQ <[email-masked]>
>From:         IFCSS HQ <[email-masked]>
Subject:      Current Status of CSPA and Visa Numbers for China
(IFCSS HQ NR 5038)

**************************************************************
IFCSS Headquarter 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
       =================================================
.......

          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.
.....
===============================================================

I have a question to the following sentences:
     " 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".
Are there so many LADs who are not eligible to apply ?  What is the
meaning of "have continuously maintained Lawful status"?   We Know
DED may have problems.  What about the F1 students who did not take
fully time courses in the middle of their programs (for example,
take only 6 credits in one semester) ?  Is it possible that he or
she was referred to as "failed to continuously maintain Lawful
status" by INS, even though they continuously had F1 visa?  Some
LADs were asked to show transcripts in interview.  does that means
the INS officer would check their credits for each semester?   Any
answer will be very appreciated.

H. Wang

---

From: [email-masked] (Yi Guo)
Date: Wed, 23 Mar 94 22:19:29 CST

H. wang wrote:
| I have a question to the following sentences:
|      " 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".
| Are there so many LADs who are not eligible to apply ?  What is the
| meaning of "have continuously maintained Lawful status"?   We Know
| DED may have problems.  What about the F1 students who did not take
| fully time courses in the middle of their programs (for example,
| take only 6 credits in one semester) ?  Is it possible that he or

  The above statement you quoted may not be correct.  Out-of-status LADs, as
  the group is called, can apply under EB-3 by using I-824 (getting an
  immigration visa out of U.S. instead of adjusting status within U.S.).

| she was referred to as "failed to continuously maintain Lawful
| status" by INS, even though they continuously had F1 visa?  Some
| LADs were asked to show transcripts in interview.  does that means
| the INS officer would check their credits for each semester?   Any
| answer will be very appreciated.

  It all depends on if the F-1 LAD would be considered out-of-status during the
  period he/she didn't take a full-time study load.  Some may and some may not,
  at the mercy of different INS examiners and also supporting evidence
  (International Office's agreement, special circumstances during the semester,
  etc.)  Once considered out-of-status, the way to get PR is by submitting
  I-824 for consulate processing.  The LAD still retains the priority date of
  the principle, and theoretically they stay in the same queue as those
  adjusting status (I-485 application).  The disadvantage is the expense for
  travelling outside of the country for a Visa.  Some may choose a consulate
  near U.S. (e.g. Juarez, Mexico), some may choose a consulate in China.  

  Email me privately if you have more problems / questions.