Subject: Implementation of S1216: A Report on Meeting with INS (IFCSS HQ NR-4108)

From: IFCSS HQ <[email-masked]>
Date: Thu, 4 Mar 1993 13:11:48 -0500

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IFCSS Headquarters News Release No. 4108         March 4, 1993
   IMPLEMENTATION OF S1216: A REPORT ON MEEETING WITH  INS
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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]

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           Report on Meeting with INS Officials
           ====================================

Date:   March 1, 1993
To:     Chinese Students/Scholars Nationwide
From:   IFCSS HQ / IFCSS-CCSA
Re:     Meeting with INS Officials

Dear fellow fellow students/scholars:

     On Friday, February 19, 1993, IFCSS officers and IFCSS legal
advisers had a meeting with two top INS officers to discuss the
implementation of the 1992 Chinese Student Protection Act. Our
impression of the meeting is that INS officials have a good
understanding of the purposes of the Protection Bill and they have
taken steps to prepare for the implementation of this Act. In the
discussion, we found a lot of common grounds, but there are also
some differences.

     The following is a general summary of the meeting. Since the
official regulation won't come out until April, we cannot get into
too much details in this report.

     The meeting took place on Friday, Feb. 19, 1993 in the INS
Headquarters located in downtown D.C. Participants include: 

     Representing IFCSS:

       Geng Xiao, IFCSS President,
       Zhang Qingsong, IFCSS Executive Director and Chairman 
                of IFCSS-CCSA (Committee on Student Affairs)

     Representing IFCSS legal advisers:

       Lynda Zengerle of Arent Fox
       Eleanor Pelta of Arent Fox 
       Laura Reiff of Baker & McKenzie

     Representing INS:

       Ed Skerritt, Chief of the Immigration Branch of INS
       Rita Boie, the examiner who is drafting the regulations for
                implementation of the Act.

     In order to make this report easier to understand, we will
present it in the form of questions & answers.

Q1:  WHAT KIND OF CHANCE DOES THIS ACT HAVE TO GO INTO
     IMPLEMENTATION? WILL PRESIDENT CLINTON KILL THIS ACT BY
     CERTIFYING TO CONGRESS THAT IT IS SAFE FOR THE STUDENTS TO
     RETURN?

A:   Of course, you cannot totally exclude such a possibility. But,
     INS officers said that it is very unlikely that President
     Clinton will make such a certification to Congress. 

Q2:  WHAT IS THE ATTITUDE OF INS TOWARD THE ACT? HAS INS STARTED
     PREPARATION FOR THE IMPLEMENTATION?

A:   INS has started preparation for the implementation. Ms. Rita
     Boie is the officer in charge of drafting the regulations. INS
     said: "We hope to have the regulations out as soon as
     possible."

Q3:  WHEN CAN WE SEE THE OFFICIAL REGULATIONS?

A:   Because the new commissioner (of INS) has not been appointed,
     the regulations won't come out until perhaps April. In April,
     INS will publish an interim regulation and then a final
     regulation (thus omitting a public comment period because the
     time is so short). Urged by IFCSS officers/advisers, INS
     officers agreed to explore the possibility to issue the
     regulations at an earlier date.

Q4.  WERE THERE ANY QUOTAS? WHAT ARE THEY?

A:   The Act provided that the total number of Chinese adjusted in
     a fiscal year should not exceed worldwide total cap. According
     to our estimation, between July 1 and October 1 of this year,
     there are nearly 40,000 quotas available. The rest have to
     wait for the quotas from the coming years. 

Q5.  IF INS START TO ACCEPT APPLICATIONS ON JULY 1, CAN IT APPROVE
     40,000 APPLICATIONS IN THREE MONTHS (JULY 1-SEPT. 30)?

A:   INS: We want to approve as many applications as possible in
     order to fully use the 40,000 quotas coming from the past year
     and this year. For that purpose, we will start to accept
     applications prior to July 1. IFCSS officers/advisers had
     planned to sell this "preprocessing" idea to the INS officers.
     We were glad that the INS was on the same "wave length" on
     this issue.

Q6.  COULD YOU EXPLAIN THE 90 DAY LIMIT?

A:   90 days limit applies for the period between April 11, 1990
     and October 9, 1992. Visits to China during that period should
     not exceed 90 days cumulatively. Otherwise, he/she is
     ineligible for the benefits of this act.

     IFCSS officers/advisers raised the issue of people being held
     involuntarily in China for more than 90 days (sick, detained
     by the government, etc.). INS officers agreed to consult INS
     General Counsel on this issue.

Q7.  COULD YOU EXPLAIN THE "BRIEF CASUAL AND INNOCENT" CLAUSE?

A:   This is a very vague clause. It should be handled on a case by
     case basis. However, INS officers indicated that they would
     take a liberal interpretation of the clause, allowing for
     lengthy absences from the U.S. for scholarly purposes. We take
     their statements to mean that this phrase would be
     administered generously in the regulations.

Q8:  WHAT KIND OF DOCUMENTS DO APPLICANTS NEED TO PREPARE? IS BIRTH
     CERTIFICATE NECESSARY?

A:   IFCSS officers/advisers pointed out that it is impossible for
     the students to have official certificates. Under the
     circumstance, INS is willing to accept secondary evidences
     such as passport, diploma, etc.

Q9:  WILL INTERVIEWS BE REQUIRED?

A:   If the applications are prepared properly and evidences of
     eligibility are sufficient, the interviews may be waived.

Q10: WILL DEPENDENTS WHO ARRIVE AFTER APRIL 11, 1990 BE ALLOWED TO
     ADJUST THEIR STATUS IN THE SAME TIME?

A:   This is the area in which the major differences appeared.
     IFCSS officers/advisers stated that dependents come after
     April 11 1990 (hereinafter "nonqualifying dependents) should
     be allowed the same benefits as the principles have (immediate
     adjustment, work authorization, etc.)

     INS officers, however, insisted that nonqualifying dependents
     are not covered by the Act. They would be considered
     derivative beneficiaries in the Third Preference Category and
     would have to await visa availability in that category.

     We will provide written comments to INS on this issue. 

Q11: ARE THOSE WHO ENTERED THE U.S. WITHOUT INSPECTION ELIGIBLE FOR
     THE ACT?

A:   INS held that individuals who entered the country without
     inspection (EWI) would not be eligible for adjustment of
     status under the Act, as entry without inspection is an
     exclusion ground not specifically waived under the Act. We
     pointed out that the Act applies to all PRC nationals who were
     eligible under the Executive Order, and this included those
     who enter without inspection.

Q12: WHERE WILL THE APPLICATIONS BE MAILED TO?

A:   INS officers stated that they believed that the applications
     would probably be processed through the four regional
     processing centers of the INS.

Q13: WILL STUDENTS WHO HAVE ACCEPTED STATE OR FEDERAL AID BE
     EXCLUDED ON GROUND OF PUBLIC CHARGE?

A:   INS officers said that this does not lead to exclusion on the
     ground of public charge.

The meeting lasted about two hours.

We will have more meetings with INS later on.

Thank you for your attention.

                     ***************                     
                     Acknowledgement
                     ***************

     Arent Fox Kintner & Kahn is the law firm that represents the
     IFCSS in connection with immigration and legislation matters
     involving the protection of Chinese nationals in the United
     States. Arent Fox's representation began in 1989 when the firm
     developed and undertook a massive lobbying efforts to change
     the immigration laws with respect to Chinese students caught
     in the U.S. following the events at Tiananmen Square. Arent
     Fox's efforts convinced the Congress to pass legislation
     protecting the Chinese students. That legislation resulted in
     the President's issuance of an Executive Order protecting
     Chinese nationals in the U.S. Arent Fox then played a major
     role in the creation and passage of the Chinese Student
     Protection Act, which allows many Chinese nationals to remain
     in the U.S. Arent Fox then led a lobbying and media effort to
     persuade President Bush to sign the Bill into law. After
     President Bush signed the Bill, Arent Fox and the IFCSS began
     the next stage of work. Through our meeting with the INS on
     February 19, 1993, and through other efforts, Arent Fox is
     working to ensure that the INS regulations interpret the CSPA
     as Congress intended.

     Not only was Arent Fox's work consistent and effective, its
     services for IFCSS in matters described above are provided
     free of charge. On a dollar/hour pay basis, Arent Fox has
     provided services equivalent to millions of dollars. Without
     Arent Fox, there would have been no Executive Order and the
     1992 Protection Act.

     IFCSS legal advisers in Arent Fox include:

          Burton Wides
          Lynda Zengerle
          John Mitchell
          Laura Reiff*
          Eleanor Pelta
          Christine Harrell

     * now in Baker & McKenzie

     Arent Fox's address:

     Arent Fox Kintner Plotkin & Kahn
     Washington Square
     1050 Connecticut Avenue, N.W.
     Washington, D.C. 20036-5339
     Tel:  (202) 857-6000
     Fax:  (202) 857-6395

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*                 IFCSS Headquarters Office                         *
*                 =========================                         *
* President:      Geng Xiao  Assistant to the President: Shi Heping * 
* Vice-President: He Baoping     Executive Director: Zhang Qingsong *
*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*
* A law firm in Philadelphia wants to hire a Chinese student of Law.*
* Specialty must be in immigration/international business (Far East)*
* For more information, please contact Qingsong in HQ               *
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