Subject: Help on LAD Appeal

From: [email-masked] (Zhao Weng)
Date: Sat, 27 Aug 94 14:14:31 CDT

Hi friends,

	My girl-friend is a LAd with the priority date at July 1st, 1993.
She had her interview in Chicago INS in early August 1993 and was told that 
she would need to do nothing but waiting for the visa number. There were no
more information from Chicago INS till this week. She was told that her 
application was denied. The letter from INS is as follow:

		-------------------------------------
	Decision on Application for Adjustment to Perminent Resident

Dear ***,

	Upon consideration, it is ordered that your application for status
as a permanent resident of the United States be denied for the following
reasons:

	Section 203(d) of the Immigration and Nationality Act allows for a
spouse or child entitlment to an immigration visa and the same order of 
consideration if accompanying or following to join, the principal alien
spouse or parent.
 
	Your application for permanent residence was based upon the provisions
of the Chinese Student Protection Act of 1992, Publication Law 102-404. At 
the time of filing, you being a child of a principal alien, ***(her mum's
name), who had an approved application to adjust to permanent resiednt status.
A child as defined in Section 101 (1) of the Act is an unmarried person under
twenty-one years of age. On March 11, 1994, you reached your 21st birthday,
however, visa availability based on the classifiction that your permanent
resident application was filed was unavailable until July 1, 1994. Thus you
are not entitled to adjust status to permanent resident. Your application is
denied and any previously approved work authorization is revoked.

	Your lawful permanent resident  parent may file a visa petition for
you on a family sponsored 2nd preference, unmarried daughter, twenty-one
years of age or older.

Sincerely,
***
District Director

		___________________________________

	From this letter, the main reason she was denied  is that she passed 
her 21st birthday this March and the visa number wasn't available till July
1st. But as I know, the visa number for EB3 was once at July 2, 1993 this
Fabruary but somehow moved back to July 1, 1993 later. In Ohio, a lot of LADs
with the same priority date as hers got their approval letters & GCs before
March 11, 1994. But in Chicago, nothing happened on LADs till recently. We
think it is unfair that she was denied only because of the local INS's less
efficiency. We plan to hire a lawyer and appeal for it. But we need help on
this legal process desperately. Any information or suggestion will be deeply
appreciated. Thanks in advance.

Z.W.