Subject: CND-US Posting, November 16, 1990

From: Bo Xiong <[email-masked]>
Date: Fri, 16 Nov 90 16:15:15 -0500

*  *  *   C H I N A    N E W S    D I G E S T   *  *  *

			      November 16, 1990

	+-+-+-+- ( China News Digest,  US Section Service ) -+-+-+-+

         - - - - - - T a b l e   o f   C o n t e n t s - - - - - -
No. Subjects                                                    # of Lines

1. Reader's Comments: "If No One Goes Back, the Circumstances in China
		       Will Never Change to Allow Us to Go Back"........45
2. CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 20)....................75
3. CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 21)...................100
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1. Reader's Comments: "If No One Goes Back, the Circumstances in China
		       Will Never Change to Allow Us to Go Back"  (45 lines)
============================================================================
>From: [email-masked] Tue Nov 13 09:21:36 1990

Dear editor,
     Thank you very much for calling more attention from readers on Li Hai-
Tao's case and other PRC political prisoners's situation.
     After CND-US published my proposal for "An Exchange Plan to Free PRC
Political Prinsoners", I have received some encouraging responses as well as
comments.  So here I am trying to make that plan more clear:

Hundreds of Chinese PhD's and masters, appeal to Chinese government:
1. We are willing to go back to China to serve our country and people;
2. We understand that the government has announced that our activities
   overseas will not be investigated and punished, since the government said
   we did not understand what really happened in China;
3. However, we are still common citizens of China, we hope our brothers
   and sisters back in home can be treated in the same lenient way.
4. Immediately after the tragic June 4th event in 1989, the government and
   courts arrested and sentenced many people in prison.  At that moment, in
   order to control the situation quickly, the sentences were usually over
   weighted.  Now, the situation has been stable, it may be time for the
   government and courts to reconsider and re-evaluate those sentence in that
   special situation in a more lenient way.
5. We hope the government can do this, not only for securing us oversea
   Chinese students and scholars that we can peacefully serve our country if
   we return immediately, but also for the best benefit of our country and
   people.  We hereby certify that we will return immediately after the
   government shows sincere effort, upon our humble request, to release those
   still in detention without trial and to reconsider the cases sentenced
   immediately after June 4th of 1989.

     After communicating with many readers, I got more encouraging response
and comments.  Some told me that they would co-sign it if "immediately return"
could be changed to something else, because they had not got their degree yet.
Another told me that he now has a good job in a big company, but "might be one
of the exchangers since the girl I am chasing is very determined to go back and
said if no one goes back, the circumstances in China will never change to allow
us to go back."  Though this fellow's motive sounds not so pure:-), his girl
was really speaking of great truth!
     Yet another told me that he, as well as his wife and newly born son, were
willing to be an exchanger for Wang Dan.
     Nonetheless, I believe many of our Chinese sctudents/scholars here do care
China and her future, and are willing to do something helpful even they have to
pay dearly.
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2. CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 20)		    (75 lines)
==============================================================================
From: CND Q&A Editor Bo Xiong <[email-masked]>
Date: Mon, 12 Nov 90

NOTE: All discussions on this column are for readers' information only, one
      should consult his/her lawyer or proper professionals before handling
      his/her own visa/job/legal matters.

I. H-1er Getting Spouse into US
-------------------------------
Q: From [email-masked] Thu Nov	1 11:48:25 1990

   I was on a J-1 visa and changed to H-1 because of the Presidential
   Directive.  I am also working on obtaining a green card.  My wife is in
   Canada studying English.  She's been there for about two years.  I would
   like to bring her in on an H visa (as a dependent).	Is that possible?
   Will the U.S. consulate in Canada issue her such a visa?

A: If one has filed PR application (even the person hasn't but on H-1 status),
   it could be very difficult for the person's spouse to convince overseas US
   consular officer that s/he has no intetion to immigrate to US in the visa
   application interview, it's fully upto the US consul whether the visa will
   be issued based on the interview.
   The proposed new US Immigration Law allows "dual intent" for H-1ers
   (actually US INS has been accepting dual intent for years), but does not
   mention how to treat H-4ers (usually they apply for H-4 together with
   principal H-1), if a H-1er's dependent (spouse and children) applies for H-4
   visa separately from overseas, the US consular officer has the final say on
   the matter per US law.
   Note: "dual intent" -- allow alien workers apply for H-1 NON-IMMIGRANT
	 TEMPORARY WORKINGG VISA with possible intention to apply for IMMIGRANT
	 VISA later, i.e., eliminate the presumption of immigration intent of a
	 H-1 visa applicant.

II. H-1 Working & Studying in the Same School
---------------------------------------------
Q: From **@**.physics.fsu.edu Fri Oct 19 14:29:10 1990

    Why a H-1 holder can study at school unless he/she dose not work at school?
    My husband is a F-2 holder and he works full time in the university while
    studying part time.  It's possible for him to apply a H-1 and/or labor
    certificate.  Does that mean that he cannot continue his study if he change
    to H-1?

A: If a H-1er is working for an employer other than the school, he cannot work
   in the school while taking courses there, i.e., H-1er can only work and must
   work full time for the employer who sponsors his/her H-1.  If the employer
   happens to be the school where the H-1er takes courses, the H-1er may work
   and study there on full time basis with employer's consent, and the
   immigration procedure is the same for the H-1er to go through (see previous
   CND Q&A).

III. US PR and J-1 Parents Coming Here AFTER 04/11/90
-----------------------------------------------------
Q: From [email-masked]    Tue Oct 30 11:05:22 1990

   I would like to know if it is possible that a person who has had PR for
   about 2 years to get PR or other kind visas for his parent who came to the
   States with J-1 visa AFTER 4/11/1990.

A: So many readers have asked that whether a J-1er came to US AFTER April 11,
   1990 can get two-year-rule waived or change to any other non-immigrant
   /immgrant status.  As per Bush's April 11, 1990 Executive Order, only those
   PRCers, who were once in the US AND in a lawful status (whatever lawful
   status for even just one day) between June 5, 1989 and April 11, 1990, are
   entitled FULL benefits offered by Bush's Order, such as J-1ers being
   granted waiver of two-year-rule, out-of-staters getting new immigration
   status, work permit and etc..  Those PRCers who fell out of status BEFORE
   June 5, 1989 may apply for work permit and stay in the US until January 1,
   1994, but cannot get a new lawful status without leaving US.
   By the way, per US Immigration Laws, unlike US citizens, US PR's parents are
   not in any category of the preference immigration system.

***  Send your question to  [email-masked]
***  Contact [email-masked] for the back issues of CND-US
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3. CND Q&A COLUMN ON VISA/JOB/LEGAL MATTERS (No. 21)		   (100 lines)
==============================================================================
From: CND Q&A Editor Bo Xiong <[email-masked]>
Date: Mon, 12 Nov 90

NOTE: All discussions on this column are for readers' information only, one
      should consult his/her lawyer or proper professionals before handling
      his/her own visa/job/legal matters.

I. How to Get Birth Certificate for PR Application
--------------------------------------------------
Q: From [email-masked] Fri Nov  2 23:54:03 1990

   I am in a position to get birth certificate documents for my wife and
   myself.  I authorized my relative in Shanghai to apply for the certificates
   from Shanghai Notary Public Office.	My relative told me that it is pretty
   hard to obtain birth certificate from Chinese government at present.  The
   Notary Public Office in Shanghai has so many rules to an applicant, such as:
       (1) Obtain an approval from the applicant's original work unit
	   if the applicant was sponsored by Chinese government;
       (2) Provide several passport-size pictures which must be certified
	   by a Notary Public in the U.S. to indicate the person on the picture
	   is really the applicant, furthermore, the Notary Public in the U.S.
	   has to be a U.S diplomatic office recognized by Chinese government;
       (3) The pictures will be sent to the applicant's original work unit
	   and be proved that the person on the picture is really the applicant
	   by the work unit.
   I think this may be a common problem many Chinese students in the U.S. are
   encountering.  Any suggestions to bypass this hassle are welcome.

A: It's required by US INS in the final immigration interview for applicants
   to submit their birth certificates and (optional, better have it) the
   certificates of no-criminal-record-in-PRC.
   There are two possible ways to overcome/bypass the hassel in getting birth
   certificate in PRC:
   1) It's very customary in PRC that different offices/cities/officials
   handle the SAME issue in DIFFERENT ways, according to other PRCers'
   experience, you may just ask your relatives (sisters, brothers, parents and
   etc., if you do have) in another city to apply for your birth certificate
   for you.  In some smaller cities (NOT necessarily the city you were born),
   the Notary Public office will issue such an document if your relatives can
   submit a "letter of introduction" issued by your relatives' working unit
   (they MUST have known how to get it :-), the letter must state the names of
   your parents and your birth date.  They DO NOT need any photo and would
   issue you the certificate with PRC nation-wide standard format/wording in
   both Chinese and English, the OFFICIAL fee charged is approximately 100
   yuan RMB in total.  For the certificate of no-criminal-record-in-PRC, you
   may follow the same procedure, maybe the Notary Public Office needs a
   verification letter issued by local police station as well.
   2) If you are unable to get the birth certificate by above method, you may
   ask two or three of your relatives/neighbors to sign a statement about your
   birth date and your parents' names, then have it translated into English and
   have the translation verified by a lawyer in the US (you may find lots of
   Chinese-American lawyers doing this on Chinese newspaper's ads here), this
   is good enough to be accepted by US INS as many immigration lawyers suggest
   and practice.
   3) This is a really easy way, all you need to do is go to the hospital where
   you were born (ask your mother to go there) and get a copy of the
   certificate in Chinese.  Get notarized in the US (don't do it in China)
   together with the proper translation.  It is very easy, unbelievablely easy
   as reported by a CND reader.
   Finally, it's a good idea to get it as soon as possible for future use.

II. J-1ers Owe PRC Government Money
-----------------------------------
Q-1: From [email-masked] Sat Nov  3 20:03:38 1990

   I sent my passport to the Chinese consulate.  They phoned me and said: if I
   write a letter saying that I owe the Chinese goverment money and listing a
   plan to return the money in the future, then they will consider extend my
   passport.  What do you think of this?  Should I write such a letter?  If I
   write such letter, could they use this to convince the US INS not to give a
   green card later?  (I switched visa from J-1 to H-1)

A: If you write such a letter, and if you fail to pay back the money you owe
   per the schedule you promised, you could be sued here in the US by the
   beneficiary of the letter.  This letter could not be used to damage your
   immigration status in the US as long as you pay off your debt you admitted.

Q-2: From [email-masked] Thu Nov  8 19:15:55 1990

   I started to work at an university since I graduated in 1987. I obtained my
   Laber Certificate on March, 1990.  My passport will be expired on August,
   1991 before I can expect my PR.  I was told by the Chinese Consulate at NY
   that if I want to extend my passport I have to return the money I got from
   the government (I was a government sponsored student when I first came to
   US) Under Bush's executive order, do I still need the valid passport in
   order to get my PR?	What can happen if I do not have the valid passport
   when I apply for PR?  How do the other people handle such a situation? Are
   there any suggestions what should I do in such a case?

A: As per Bush's Order, until January 1, 1994, a qulified PRC national does
   not need a valid passport to deal with US INS or travel outside US and
   return to US (see previous CND Q&A for detail), so is when you are in the
   final immigration interview.
   Although it's unlikely that anything will happen in terms of your PR
   application, you should return the money you owe, then you would stay here
   with a little bit more peaceful mind.

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