Subject: CND-US CSPA Information Exchange Package (V), June 13, 1993

From: [email-masked]
Date: Sun, 13 Jun 1993 03:02:24 -0500

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                               (US Regional)

 Information Exchange (V): About Preparing to Apply for U.S. PR Under CSPA

                           Sunday, June 13, 1993

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has  basically no overlap with the daily news.  CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
+--------------------------------------------------------------------------+

[Editor's Note: The following is collected and edited from the information
                CND received or saw on the network and elsewhere, we believe
                it is of information nature.  We forward it to concerned
                readers as a timely reference service.  However, some of the
                information may need to be verified (it is beyond our
                capacity to do so).  Please consult your lawyer and use
                your own discretion before you use the information printed
                in this package to make decision(s) on related matter.

                Also, please refer to CND-US CSPA Information Exchange Packages
                (I) thru (IV), date June 6, 8, 10 and 11, 1993 for more info.
                Many questions have been answered/discussed in those issues.

                Related info is available from CND CSPA InfoBase, by anon
                ftp to CND.ORG (IP: 132.249.229.100) dir pub/InfoBase/CSPA

                Some of the e-addresses/names/ID's are withheld per sender's
                request, except for those already posted to public network.

                We welcome readers sending their info/experience to us to let
                others to share, request for anonymity will be honored.

                Due to our limited manpower resource of volunteers, we regret
                that we may not be able to answer questions from readers.

                CSPA = Chinese Student Protection Act of 1992, U.S.A. ]

Table of Contents                                                 # of Lines
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 Information Exchange (V): About Preparing to Apply for U.S. PR Under CSPA

1. The Questionnaire for Students Currently Residing in the U.S. Who Are
   Seeking PR Under the CSPA (Full Text from CSPA Info Center NL No.3) . 400

2. Zhao Hai-Qing of National Council on Chinese Affairs Reports &
   Analyses Different Approach to CSPA Visa Numbers and Dependents Issue 155
============================================================================
Note: The special column "Some CSPA-Related Questions and Answers and
      Discussions from/by CSS" will be continued in next issue.

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1. The Questionnaire for Students Currently Residing in the U.S. Who Are
   Seeking PR Under the CSPA (Full Text from CSPA Info Center NL No.3) . 400
----------------------------------------------------------------------------
Originally published in IFCSS CSPA Info Center Newsletter No.3, May 31, 1993
Typed in for Network Transmission by a CND Volunteer, June 11, 1993

[Editor's note: This questionnaire is prepared by IFCSS's lawyer, for CSS
                to prepare to apply for PR under CSPA and practice to filling
                out INS forms.  The questionnaire per se is not an INS form
                nor an INS document.  For the summary of Chinese text portion
                of the CSPA Info Center NL No.3, pelase see CND-US CSPA
                Info Exchange Package II, for the contents of the CSPA NL's
                No.1 and No.2, see CND-US CSPA Info Exchange Package III.

                If you are planning to travel outside the U.S. before a
                decision is made on your application, you may want to read
                the related note in the questionnaire carefully.]

   Questionnaire for students currently residing in the United States who
   are nationals of the People's Republic of China (PRC) and seek permanent
   resident status in the United States (U.S.).

I. Preliminary information for applicants:

   This questionnaire will aid you and your attorney in determining your
eligibility for permanent residence in the U.S. under the Immigration
and Nationality Act, subject to the conditions of the Chinese Student
Protection Act of 1992 ("CSPA") and the Executive Order of April 11, 1990,
regarding the implementation of policy with respect to nationals of the PRC.

   If you are eligible under CSPA, you may be granted permanent residence
in the U.S. by the Attorney General, unless by July 1, 1993 the President
of the United States has certified that conditions permit the safe return
of PRC nationals to their country of nationality.

II. In order to determine whether you are eligible for permanent residence,
    please answer the following questions in the space provided.

                                                             TRUE/FALSE*
=======================================================================
| (1) | I am a national of the PRC:                           |   |   |
-----------------------------------------------------------------------
| (2) | I am a dependent of a national of the PRC:            |   |   |
-----------------------------------------------------------------------
| (3) | I was physically present in the U.S. on or after      |   |   |
|     | June 5, 1989, up to and including April 11, 1990:     |   |   |
-----------------------------------------------------------------------
| (4) | I have resided continuously in the U.S. since April 11|   |   |
|     | 1990 (other than brief, casual and innocent absences: |   |   |
-----------------------------------------------------------------------
| (5) | I was not physically present in the PRC for more than |   |   |
|     | 90 days since April 11, 1990:                         |   |   |
-----------------------------------------------------------------------
| (6) | I was not physically present in the PRC after October |   |   |
|     | 9, 1992:                                              |   |   |
=======================================================================
*If you answered false to any of these questions, please provide an
explanation and attach it to this form.

III. Further information is necessary to facilitate your application.
     Please fill out the following as accurately as possible.  If more
     space is needed, attach supplementary pages to this form.

A. General biological information:
   -------------------------------

     (1) _____________________________________________
         Family Name      First Name       Middle Name

     (2) Male_______ Female_______

     (3) Birthdate: Month______ Day______ Year______

     (4) __________________________________
         City and Country of Birth

     (5) Social Security No. (if any)______________________

     (6) Parental Information:

     (a) Father:______________________________________________________
                Family Name     First Name      Date of Birth

                ______________________________________________________
                City/Country of Birth   City/Country of Residence
                                        (if deceased, so state)

     (b) Mother (maiden name):
                ______________________________________________________
                Family Name     First Name      Date of Birth

                ______________________________________________________
                City/Country of Birth   City/Country of Residence
                                        (if deceased, so state)

     (7) Spouse Information:
                I am Single___ Married___ Widowed___ Divorced___

     (a) Present husband or wife:

                ______________________________________________________
                Family Name     First Name      Date of Birth

                ______________________________________________________
                City/Country of Birth   Date/Place of Marriage

     (b) Former husbands or wives:

                ______________________________________________________
                Family Name     First Name      Date of Birth
                (for wife, maiden name)
                ______________________________________________________
                City/Country of Birth   Date/Place of Marriage

                _____________________________________
                Date/Place of Termination of Marriage

          Is your present husband or wife applying with you?

                                                   Yes_____ No_____

     (8) Dependent Information: Please provide the following information
         for all your children:

         _________________________________________________________________
         Family Name First Name Date of Birth   Country  A#  Applying with
                                Month/Day/Year  of Birth     You: Yes/No

         _________________________________________________________________
         Family Name First Name Date of Birth   Country  A#  Applying with
                                Month/Day/Year  of Birth     You: Yes/No

         _________________________________________________________________
         Family Name First Name Date of Birth   Country  A#  Applying with
                                Month/Day/Year  of Birth     You: Yes/No

         _________________________________________________________________
         Family Name First Name Date of Birth   Country  A#  Applying with
                                Month/Day/Year  of Birth     You: Yes/No

Note: If your spouse or children are individually eligible for permanent
residence under CSPA, they are required to apply separately.  Each eligible
individual must complete a questionnaire.

     (9) Your present address and your residence(s) for the last 5 years:

     ====================================================================
     | Street/No. | City | Province | Country  | From       | To        |
     |            |      | or State |          | Month/Year | Month/Year|
     --------------------------------------------------------------------
     |            |      |          |          |            |           |
     --------------------------------------------------------------------
     |            |      |          |          |            |           |
     --------------------------------------------------------------------
     |            |      |          |          |            |           |
     --------------------------------------------------------------------
     |            |      |          |          |            |           |
     --------------------------------------------------------------------

     (10) Last Address outside the U.S. if for more than 1 year:

     ____________________________________________________________________
      Street/No.   City   Province   Country     From         To
                          or State               Month/Year   Month/Year

     (11) Employment for the last 5 years (if none, so state).  Provide
          both your present employment and your last occupation abroad
          even if not within the last 5 years:

          ---------------------------------------------------------------
          | Full Name/Address of | Occupation | From        | To        |
          | Employer             |            | Month/Year  | Month/Year|
          ---------------------------------------------------------------
Present   |                      |            |             |           |
          ---------------------------------------------------------------
Last      |                                                             |
Occupation|                                                             |
Abroad    |                                                             |
          ---------------------------------------------------------------
          |                                                             |
          ---------------------------------------------------------------
          |                                                             |
          ---------------------------------------------------------------

B. Employment Information:
   -----------------------

     (1) You may need to provide a letter of permanent employment from
         your present employer.  If you are not presently employed or
         are employed only temporarily, is there someone who will be
         providing financial support on your behalf:     Yes___ No___

     (a) If yes, your supporter will be required to provide an affidavit
         of support and verify his/her financial and employment situation
         with adequate documentation, such as statements from officers of
         the bank(s) in which he/she has savings deposited (date account
         opened, total amount deposited for past year, present balance),
         a statement from his/her employer on business stationery (date
         and nature of employment, salary paid, whether position is
         temporary or permanent), and if self-employed, a copy of the
         last income tax return filed or a report of commercial rating
         concern.

     (b) If no, you may have to furnish other evidence of adequate
         financial support.  Attach an explanation of your support to
         this form.  Such support could include your savings deposited
         in a U.S. bank, any form of employment, or personal property.

C. Medical Requirement:
   --------------------

        You must have a medical examination by a doctor whom you must
        choose from a list which you should obtain from your local INS
        office.  You will be responsible for all the expenses of the
        examination.  Do not forget to have the doctor complete Form
        I-693 which is also issued by the INS (you must sign this form
        in the doctor's presence), and remember to show the doctor any
        records of your immunizations (vaccinations).

NOTE: If you are 15 years of age or older you will be required to have
a chest X-ray examination for tuberculosis.  However, if you are
pregnant or are applying for adjustment of status under the Immigration
Reform & control Act of 1986, you may choose either an X-ray or a
sky test.

D. Identity Requirement:
   ---------------------

        You will be required to have your fingerprints taken.  The
        appropriate form (FD-258) should be obtained from your local INS
        office.  Ask your local INS office where you must go to have
        your fingerprints taken (either the office itself, the police,
        or certain businesses will probably be the appropriate place).
        [Do not sign the form until the person taking your fingerprints
        tells you to do so].  To facilitate the completion of such form,
        please provide the following information:

     (1) Any names by which you are known, including names by previous
         marriages, other than the family name, first name and middle
         name initially provided in this questionnaire:

         -------------------------------------------------------------

         -------------------------------------------------------------

     (2) Your alien registration # (if any):__________________________

     (3) Height_____   Weight_____  Eye Color_____   Hair Color_____

E. Miscellaneous information:
   --------------------------

     (1) Date of last arrival into the U.S.    ______________
                                               Month/Day/Year

         (a) Location: ___________
                       City/State

         (b) Status in which entered: ________________________
                                      (visitor, student, etc.)

         (c) Your passport #: _______________

     (2) I-94 #: ___________________

     (3) Current INS status: _______________

         (a) Expire on: ______________
                        Month/Day/Year

     (4) Are you planning to travel outside the U.S. before a decision
         is made on your application?             Yes____ No____

         If yes, you MUST contact the INS office processing your
         application before leaving.  You may need to obtain advance
         written permission to leave or re-enter the U.S.  Failure to
         do so may result in automatic termination of your application.

     (5) Were you inspected by a U.S. Immigration Officer upon your
         arrival in the U.S.?                     Yes____ No____

     (6) My nonimmigrant visa # is ___________________

            Nonimmigrant visa type: ______________

            Date visa issued: ______________
                              Month/Day/Year

         If you, at any point in the past, had a J visa, did you apply
         for and receive a waiver of the 2 year foreign residence
         requirement?                             Yes____ No____

     (7) I have previously applied for permanent residence in the U.S.
                                                   Yes____ No____

         Date and Place of filing and final decision.

         -------------------------------------------------------------

     (8) List your present and past membership or affiliation with
         every political organization, association, fund, foundation,
         party, club, society or similar group in the U.S. or any
         other place since your 16th birthday, including any foreign
         military service.

         ==============================================================
         | NAME       | LOCATION      | DATE(S) OF      | NATURE OF   |
         |            |               | MEMBERSHIP      | ORGANIZATION|
         --------------------------------------------------------------
         |            |               |                 |             |
         --------------------------------------------------------------
         |            |               |                 |             |
         --------------------------------------------------------------
         |            |               |                 |             |
         --------------------------------------------------------------

     (9) Have you ever, in or outside the U.S:

         (a) Committed any crime for which you were or were not arrested,
             cited, charged, indicted, fined, or imprisoned, excluding
             traffic violations?                    Yes____ No____

         (b) Received a pardon, rehabilitation decree, or other similar
             action?                                Yes____ No____

         (c) Exercised diplomatic immunity to avoid prosecution for a
             criminal offense in the U.S.?          Yes____ No____

         (d) Ever engaged, directly or indirectly, in any form of
             terrorist activity?                    Yes____ No____

     (10) Have you ever been deported from the U.S., or removed from
          the U.S. at government expense, excluded within the past
          year, or are you now in exclusion or deportation proceedings?
                                                    Yes____ No____

     (11) Have you ever received public assistance in the U.S. from
          any source, including the federal or local government(s).
                                                    Yes____ No____

     (12) Have you ever been a member of, or in any way affiliated
          with, the Communist Party or any other totalitarian party?
                                                    Yes____ No____

          If yes to any of the above, please explain in a separate
          attachment your reasons for an affirmative answer.

F. Documentation:
   --------------

        There are several documents which you will be required to
     provide.  Any document in a foreign language must be accompanied
     by an English translation which the translator has certified as
     complete and correct, and by the translator's certification that
     he or she is competent to translate from the foreign language
     into English.  We will need copies of the following:

     (a) Birth certificate (or other record of your birth) listing
         names of both parents.  If you cannot provide a birth
         certificate or other birth record, please obtain 2 notarized
         affidavits from persons who were living at the time of your
         birth and have personal knowledge of this event.  The
         affidavits should contain the affiant's full name, address,
         date and place of birth, relationship to you, and full
         information regarding knowledge of your birth and how the
         affiant acquired this knowledge.  Alternatively, you may
         provide church, school and/or medical records relating to
         you that list your parents' names;

     (b) Marriage license, if applicable;

     (c) 2 identical front view, natural color, photos (on white
         background) taken within 30 days of your application (not
         larger than 2x2 inches, showing the right side of your
         face with your right ear visible and head bare).  Print
         your name or A# lightly on the back of each photo with
         a pencil;

     (d) Evidence of your current status, for example, a copy of
         Form I-94 (Nonimmigrant/arrival Departure Record).

Note: Please be aware that once your application is filed, you may be
notified to appear at an INS District office for an interview.  You
will be required to provide the information requested in this
questionnaire under oath or affirmation.  Take your I-94 form or other
proof of legal entry into the United States and your passport with
you.
                              - END -

----------------------------------------------------------------------------
2. Zhao Hai-Qing of National Council on Chinese Affairs Reports &
   Analyses Different Approach to CSPA Visa Numbers and Dependents Issue 155
----------------------------------------------------------------------------
Forwarded by: [email-masked]  Date: 11 Jun 1993 22:38:16
>From: HAICHING ZHAO  (202) 835-1880
Subject:  NATIONAL COUNCIL ON CHINESE AFFAIRS, COUNCIL RELEASE 003
          REPORT ON INS REGULATION UPDATE AND ANALYSIS, JUNE 11, 1993

     The Administration is currently drafting the regulations to implement
the Chinese Student Protection Act (CSPA).  At present, the drafted
regulation is still shuffling between Justice and INS.  Nothing has been
finally agreed to by Justice or INS.  There are still outstanding questions
regarding visa number allocation, the manner to obtain immigrant visas for
spouses and minor children who came here after April 11, 1990, as well as
some procedural questions.

     I have been working on this issue on a daily basis for two months.  In
mid-April, it came to my attention that interpretations of the State
Department and INS of the CSPA were not advantageous to broadest number of
Chinese nationals that qualify under the Act.

     As a result, on April 13, 1993, I met with attorney Laura Reiff, now
with the largest law firm in the world "Baker & McKenzie". Laura has been
instrumental in our effort to draft and improve the legislation and the
regulation.  She was previously with the law firm Arent Fox.  We discussed a
strategy on having the regulations interpreted so that they benefit the
Chinese nationals to the full extent.

     It was my understanding when I met with Laura Reiff that the original
regulation was proposed in such a way that visa numbers for eligible PRC
nationals would only come from the left over numbers in the employment-based
third preference category. According to this method, 40,000 visa numbers
would be available for Fiscal Year (FY) '93; approximately 20,000 for FY '94
and there would be no guarantee for FY '95 and beyond (probably just a few
thousand each year).  This is certainly not acceptable because with more than
80,000 Chinese nationals (or 140,000 if dependents are included), it will
take many years for everyone to come in.

     In addition, the original regulation proposal would not include
dependents as part of the surplus and even if they can apply under a separate
category, they may have to go back to China to wait for a long time before
their visa numbers are available.

     We felt that this was not in the best interest of Chinese nationals in
the U.S. and was not the correct interpretation of the law.

     Our position was very clear and simple:

     1. ALL Chinese nationals covered in the Act should be able to adjust to
     PR immediately;

     2. The dependents should be able to adjust at the same time with the
     principal;

     3. We, the Chinese national community, are not selfish, and we do not
     want to hurt other nationals in the quota arrangement.

     However, not everyone agreed with our interpretation including some
people in Washington who have worked for us in the past. This meant that we
had to work very hard to make our argument convincingly known.

     We concentrated our first efforts upon the White House.  On April 16,
1993, I called the White House and informed them of our concerns about the
problems that would be created if the Act was interpreted so that many
Chinese nationals would have to wait a long time before becoming eligible
for a visa number.

     On April 19th, I wrote a memo to Congresswoman Nancy Pelosi explaining
the situation and I followed this up with a personal meeting with her on
April 20th.  She agreed that her intent in introducing the bill was that all
those eligible should be able to get visa numbers in the first year,
including dependents.  She said she would work hard to let the Administration
know of her intent in introducing the legislation.

     On April 23rd, I met in the White House with officials on the National
Security Council of the President in charge of immigration issues.  Laura
Reiff and Elaine Budd were at the meeting.  We presented our case.  They
asked that we prepare a memo clearly explaining our position.  On April 27th,
we forwarded a memo which stated our position to the White House.  We also
sent copies to Congresswoman Pelosi, Congressman Barton, Senator Kennedy and
Senator Gorton.  From April 26 to May 3rd, we had many conversations with
White House staff and Members of Congress and their staff in order to
follow-up on our memo.

     On May 4th, we met with Nancy Pelosi.  She decided to write a letter to
Secretary of State Warren Christopher and to Attorney General Janet Reno to
inform them of her concerns on the regulations.  On May 6th, we met with
Congressman Joe Barton and he agreed to join Congresswoman Pelosi in signing
the letters to Christopher and Reno.

     On May 7th, together with Professor Fang Lizhi, we met with National
Security Advisor Anthony Lake in the White House and discussed in length
about the issue of implementation of the bill.

     From May 8th to May 12th, we continued to press our case with the
Administration.  Senator Gorton's office said they would support us and we
also kept Senator Kennedy's office informed of our position.

     On May 13th, we met with INS General Counsel to discuss our concerns
and to push for an interpretation that would allow all Chinese nationals to
adjust their status immediately and to allow dependents to benefit from the
Act.

     During the week of May 10-May 14, we worked together with our lawyer
Laura Reiff and Ms. Elaine Budd to prepare a legal analysis supporting our
position.  This was important so that the Administration could understand
the legal reasoning behind our position that the worldwide quota could be
borrowed against.   On May 18th, we sent the legal analysis to the White
House, Congresswoman Pelosi, Congressman Barton, and Senator Gorton.  On
May 20th, Congresswoman Pelosi sent it to Senator Kennedy asking that he
work with her to resolve this issue.

     We also sent our legal analysis to the American Immigration Lawyers
Association (AILA) and asked for support.  They agreed with our
interpretation and sent a letter to Attorney General Reno saying so.  This
is important as AILA is a professional organization for immigration lawyers
in the U.S.  They have a large membership and are very influential on
immigration issues in Washington, D.C.

     From May 20th until today, we have continued to work closely with
Congresswoman Pelosi on this issue.  We have had many meetings with her to
keep her fully informed of our position.  She has worked very hard to bring
our concerns to the attention of the White House, the State Department, the
Justice Department, and the INS.

     On May 28th, when I met with President Clinton in the White House, I
talked with high level officials in the White House again about this issue.

     As a result of these efforts, we have made progress, particularly in
the area of visa numbers.  In the original propsoed regulation, the visa
number available to Chinese nationals were only from the surplus which
resulted in 40,000 in fiscal year 93, probably 20,000 in fiscal year '94 and
much less thereafter.  As a consequence, it would take at least five to ten
years for all qualified Chinese nationals to receive permanent residence.  As
of today, in the current draft of the regulation, the available visa numbers
for Chinese nationals have been dramatically increased.  For fiscal year '94
and FY 95, the number available each year is increased to more than 40,000.
In other words, instead of waiting between 5 to 10 years for everybody to
come in, it would roughly take 3 years for everybody to get PR status.

     The issue of dependents, however, has not been finalized.  We maintain
firm that they should be included and not be put in limbo for many years.

     Currently, we are working very hard together with Pelosi and others to
have the regulations finalized so that they address our concerns.  We are
also in close contact with INS, Justice Department and the White House.  A
conversation yesterday confirmed that the regulations have not yet been
finalized.  But it is expected that all will be finalized within a week or
two so that the regulations may be issued.

     We will keep you informed of all developments.  In the meantime, it is
to everyone's advantage to get prepared for your adjustment.  We have
established a National Chinese Service in cooperation with Baker & McKenzie,
the world's largest law firm, to provide assistance nationwide for those who
wish to seek adjustment of status.  For further information on adjusting your
status please call The National Chinese Service at (202) 835-1880.

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