Subject: CND-US CSPA Information Exchange Package (VI), June 15, 1993

From: [email-masked]
Date: Tue, 15 Jun 1993 00:18:37 -0500

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

                               (US Regional)

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

                          Tuesday, June 15, 1993

+--------------------------------------------------------------------------+
| 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 (V) for more info.  Many questions have been answered
                and/or discussed in the previous issues.

                Related info is available from CND CSPA InfoBase, by anonymous
                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
============================================================================
 Information Exchange (VI): About Preparing to Apply for U.S. PR Under CSPA

1. NAFSA Update No.209:  The Chinese Student Protection Act:
                         An International Adviser's Responsibility ...... 50
2. NAFSA's Questions & Answers on CSPA for Chinese Students & Scholars . 125
3. Highlights of IFCSS CSPA Info Center Newsletter No.4 (Dated June 10) . 90
4. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 250
5. Further Infomation on Where to Order INS Forms etc. .................. 80
6. Extensive Discussions, Q&A on Birth Certificate, Filing
   2nd PR Application and "A Number" by a Netter, Based upon
   His/Her Past Personal, Direct or Indirect Experience or Knowledge ... 200
============================================================================

----------------------------------------------------------------------------
1. NAFSA Update No.209:  The Chinese Student Protection Act:
                         An International Adviser's Responsibility ...... 50
----------------------------------------------------------------------------
>From: Amy Y., NAFSA's Government Regulations Advisory Committee, June 14
TO:       International Student and Scholar Advisers
RE:       Chinese Student Protection Act (NAFSA Update No. 209)
Forwarded by: Bo Xiong

[NAFSA = National Association of Foreign Student Advisers]

Foreign student advisers are constantly involved in balancing one set of
demands or expectations with another. Our role in advising students and
scholars about the Chinese Student Protection Act (CSPA) is just such a
balancing act.  While it is clear that our institutions are not party to
these applications for permanent residency, our students and scholars will
naturally turn to our offices for help in these matters.

This situation may present some of us with an opportunity to collaborate with
the American Immigration Lawyers Association (AILA) in our area in providing
good advice to our students and scholars.  Advisers to international students
and scholars may want to host a workshop with qualified immigration attorneys
or representatives from the local INS office to assist students and scholars.

The stakes are high in this arena; making sure our students and scholars have
access to accurate information about adjustment of status is all important.
Many of our students and scholars will not need an attorney's help to file
their applications.  Some most definitely will need an attorney's help.
Providing the information people need to make informed decisions is one part
of our work.  Providing counseling and support as people balance private and
family matters, the cost of legal help, and the urgency and anxiety they feel
about the process is another part of our work.  However, sorting out who
needs help and who does not in itself raises the question of who is permitted
to make such a decision.

We need to consider where our designated professional responsibility ends
and where legal advice begins, especially in the context of complex family
matters, criminal acts, or misrepresentation and fraud.  Our involvement in
applications to which our institution is not a party has legal and liability
implications for our institutions, as well as for our offices and ourselves.
We must sort out the differences between acting on behalf of our institutions
as student and scholar advisers and providing legal advice in a matter which
is by law strictly between the alien and the Immigration Service.  The fact
that we may know a great deal (or nothing) about applications for permanent
residency is separate from the question of whether we should be doing this
advising.  There are few easy answers or bright line tests.

NAFSA was organized to help advisers help each other with these kinds of
difficult problems.  To start, NAFSA's Government Regulations Advisory
Committee has developed a Q and A handout (attached) to distribute to
Chinese students and scholars which explains the status of the implementation
and what steps can be taken at this point.  Following publication of the
regulations, NAFSA and AILA jointly will be developing another handout for
distribution.

----------------------------------------------------------------------------
2. NAFSA's Questions & Answers on CSPA for Chinese Students & Scholars . 125
----------------------------------------------------------------------------
>From: Amy Y., NAFSA's Government Regulations Advisory Committee, June 14
TO:       International Student and Scholar Advisers
Forwarded by: Bo Xiong

Chinese Student Protection Act
Update from NAFSA: Association of International Educators
June 9, 1993

During NAFSA's annual conference in late May, representatives from the
Immigration and Naturalization Service headquarters office in Washington, DC
addressed the issues related to the Chinese Student Protection Act (CSPA).
Following are some questions and answers resulting from those discussions.
Readers are cautioned that this information is general and came from verbal
communications.  Only when INS publishes final regulations, establishing the
requirements and procedures to implement the CSPA, will we have reliable
information about applying for lawful permanent residence (LPR) status under
the CSPA.

1. May I file an application now?  Is INS ready to take my application?

INS is NOT ready to take your application.  INS has instructed its offices
NOT to accept applications under the CSPA until after regulations are
published.  If you send it in now, INS is instructed to return the
application to you with no action taken. The INS regulations may not be
published until after July 1; no applications will be accepted until the
regulations are published.

2. Can I do anything now to prepare my application and be ready to file as
soon as possible?

Yes.  INS has advised that anyone who wishes to may obtain an LPR packet,
called an I-485 packet, from any INS office.  This is the same packet that
all applicants for LPR use. It contains, in general, the following forms:
I-485 (LPR application); G-325A (biographic data sheet); I-693 (medical exam
form); FD-258 (finger print chart); 9003 (IRS tax form); and other forms and
instructions relative to the local INS office.  You may begin filling out
those forms, get the required medical examination, and collect the required
documents in preparation for filing.

3. Will I need to provide other documents in addition to the forms?

Yes.  All applicants must prove that they qualify under the CSPA and must
prove the relationships of all family members applying with them.  You will
probably need birth certificates and marriage certificates with translations
for you and all accompanying family members to prove that you are Chinese and
to prove family relationships.  The INS has a policy of NOT accepting
passports instead of birth and marriage certificates. Until the regulations are
published, we do not know if they will strictly enforce this policy or provide
alternatives for the CSPA.  In preparation you would be well advised to obtain
those items or equivalent family records from local or provincial offices in
China.  Note that you do not usually need the original document issued when
you were born or married.  A statement from local authorities that the event
was registered in their records is usually sufficient.

In addition, you must prove that you entered the U.S. on or before April 11,
1990 and that you meet other Executive Order requirements.  Your I-94
Departure Record or your passport showing your admission date are two ways
to prove qualifying entry.  The final regulations may indicate other ways as
well.

4.  If I qualify under the Executive order, do I automatically qualify for
the CSPA?

No.  The CSPA has additional requirements as to physical presence in the U.S.
or China, previous lawful admission and status, and other requirements as
specified in the Act.  It is possible also that some Executive Order benefits
may have been given in error to some people who, in fact, do not qualify.
INS may require additional documents to prove residence in the U.S. and no
extended stays in China.  We must wait for publication of the regulations to
know for sure who qualifies and what documents must be presented.

5.  If I qualify under the CSPA, am I guaranteed LPR or "green card" status?

No. All applicants must meet the usual requirements for LPR in the same way
that any other non-Chinese applicant must meet those requirements.  Also,
certain factors make one ineligible for LPR status.  Some of those things
that make one ineligible for LPR status are: having certain contagious
diseases or mental disorders; commission or conviction of certain crimes;
having ever provided false information or made a misrepresentation to a U.S.
consular or immigration officer to obtain a visa or an immigration benefit;
being a security risk to the United States (i.e. espionage, prohibited export
of goods, technology or sensitive information, activities advocating the
overthrow of the U.S. government, terrorist activities, communist party
affiliations); participation in the persecution of others; or entering the
U.S. unlawfully or being deported.  Persons who have worked in the U.S.
without authorization are generally ineligible to change from nonimmigrant to
LPR, but the CSPA makes a special exception to this particular rule.

6. If I think I or a member of my family might be ineligible as indicated in
number 5 above, what should I do?

You should consult a qualified immigration attorney as soon as possible. Only
an attorney who specializes in immigration matters can give you guidance on
how to proceed in such a case.  Sometimes the ineligibility can be waived,
other times that is not possible.

7. Will all of my family be able to get LPR status at the same time I do?

Your spouse and children may qualify on their own for LPR, depending on when
they entered the U.S., and in what status (each person in the same family
covered under the CSPA and who wants to apply, must apply separately).
Otherwise, if they do not qualify on their own under the CSPA they may be
considered, in some circumstances, to be "accompanying" or "following to
join."  There will be no definite information about the eligibility of family
members until INS publishes the final regulations.

8. How will applicants under the CSPA affect the available visa numbers?

Although currently under review, at present INS advises that those filing
under the CSPA will be processed under the third employment-based worldwide
category.  This will create a significant backlog in the third employment-
based preference category.  Immigrant visa numbers for those filing under the
CSPA will not affect the availability of immigrant visa numbers for those with
approved employment-based petitions under the second employment-based category.

9. If I need help completing the application and other forms, who can help me?

If you have questions about how to fill our forms, what documentation to
submit, or whether you or family members are eligible, your are strongly
encouraged to consult a qualified immigration attorney.  Preparation and
filing of an I-485 is not a standard part of student and scholar services on
most campuses. Some international student offices are setting up meetings
with qualified immigration attorneys to assist students and scholars on their
campuses.  If such a meeting is not planned for your campus, consult your
international student and scholar adviser for the names of immigration
attorneys in your area.

----------------------------------------------------------------------------
3. Highlights of IFCSS CSPA Info Center Newsletter No.4 (Dated June 10) . 90
----------------------------------------------------------------------------
Summarized and Translated by: A CND Volunteer, June 14, 1993

The IFCSS CSPA Info Center Newsletters No.4, dated June 10, 1993, has two
major parts:

Part I:
------

A brief report of a phone call made on June 8 to the Head of the Immigration
Branch of INS.  Major points:

a. The regulation is at its final stage.  It is now being reviewed by the
Offices of Attorney General and Budget.

b. All application forms will be processed by the INS Service Centers, not
by local INS offices.  There are four such centers: Lincoln (Nebraska),
Dallas (Texas), South Burlington (Vermont) and Laguna Niguel (California).
It has not been decided whether the applications will be processed by one
of the four centers or by all the four centers.

c. No applications will be accepted and the applications will be returned if
they are sent in before the regulations are published.

Part II:
-------

The second part is a report on the interview held on June 2 between an INS
official (in Chinese: Jian3cha2 zuo4yie4bu4 zhu3ren4) and three IFCSS
representatives (Zhang Qingsong, Shi Heping and Hou Junwei) .

Major points of the interview:

a. CSPA covers people who legally entered this country but lost their legal
status before June 4, 1989

b. Late arriving dependents are not covered by CSPA, but they will not lose
their status, and their permanent residency might be resolved in other ways,
such as the "Family Reunion Plan."

c. INS will be lenient in treating CCP members and those with criminal
records.  CCP members can state in the application form that they were
forced to join the party.

d. Interviews are generally not necessary.

e. Health examination is required.

f. INS will accept applications on a first come first serve basis.

g. Those who cannot obtain the greencard this year will be giving pending
notices.  Their legal status should not be a problem.

h. INS will urge the Offices of the Attorney General and Budget to speed up
the review process.  The first publication of will be the "Draft Regulation".
INS will arrange interviews with and solicit feedback from IFCSS after its
publication.

i. Those who are applying for PR through the regular procedure can also file
applications based CSPA.  But they should notify INS to terminate their
regular application at the same time.

j. No proof of no-criminal record from China is necessary.  FBI will conduct
investigations as to such records in this country.

k. Dependents, including children, who are eligible for CSPA should file
their applications separately.

l. People sent abroad for work or study have to come back for this purpose,
because they need to have medical examinations and fingerprints.

m. INS will provide necessary forms, but these forms are out of stock right
now.  It will take about two weeks to print new forms.  Forms can be obtained
directly from INS or local INS offices.  But fingerprint charts have to be
obtained locally, because these charts are sorted by local FBI offices.

There is another section relating to IFCSS's analysis of what kind of documents
should be prepared.  These include:

1. Required:

I-485, G-325A, Fingerprint Chart (I-258), I-693 (medical exam)

2. Probably needed: I-134, Form 9003, Form 765 (This must be I-765), I-468

3. Additional documents:

a. PRC citizenship

Passport, birth certificate (refer to the questionnaire of the CSPA NL No.3)
[Editor's note: see CND-US CSPA Info Exchange Package V).

b. Entry document

Passport, I-94

c. Documents that show your stay in this country

----------------------------------------------------------------------------
4. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 250
----------------------------------------------------------------------------
Source: Messages posted to various CSS related mailing lists/networks
Collected and Compiled by: Bo Xiong, 6/14/93

[Editor's Note: The questions were answered by CSS networkers and are thus
                not necessarily authoritative.  Please consult your lawyer
                and use your own discretion when you make your decision(s).
                Also, please refer to CND-US CSPA Information Exchange Packages
                (I) thru (V) for more info.  Many questions have been answered/
                discussed in those issues.]

Q: From [email-masked] Fri Jun 11 12:21 CDT 1993

      Following are some questions about the application forms.

      I. In Form G-325 A:
      1. What is "File Number?"  Should we leave it blank?
      2. At the end of the form, a question read as "IF YOUR NATIVE ALPHABET
IS IN OTHER THAN ROMAN LETTERS, WRITE YOUR NAME IN YOUR NATIVE ALPHABET IN THIS
SPACE."  I guess we should write our Chinese names, right?
      3. What is the "Alien registration number" (at the very bottom right)?

      II. In Form I-485:
      If one was in the US before "6/4" but reentered US with a new visa
in 1991 after a short trip, how can s/he prove that s/he is covered by CSPA?
Should we use a separate piece of paper to list all departure from USA, or
should we use another form?

Q: From: ****@*******.edu June 14

I. "File number" in form G325-A is the "Alien Registration Number".
   Yes, you need to write your name in Chinese characters.
   For those FIRST TIME greencard applicants, they don't have it.  For those
   who had greencard but gave up and then re-apply, they got one.  And some
   of those, who got work permission cards from INS or applied for change of
   status and were approved, they also have an A Number on the approved
   documents.  Some of those who file second PR application might have it
   from the 1st application.  Please note that A Number is NOT the Admission
   Number on your I-94 card, nor the I-94 Number itself, nor your entry visa
   number (See next item for details).  The A Number is assigned by INS
   officer who approves your petition for change of status.

   Just put "N/A" or "None" in that entry if you don't have an A Number.

II. If you ever left U.S. after your initial entry, you should still have your
    old visa stamps, copies of old I-94's and old IAP-66's/I-20's, they can be
    the proof.  See previous CND-US CSPA Info Exchange Packages for how to
    have them certified.
    You can prove your residence in the U.S. by submitting above documents
    to INS and make sure you fill out your RESIDENCE in last five years in
    your G-325A.  Those should be sufficient to prove your eligibility per
    current INS practice.  However, there could be some other requirements
    in the INS implementation details (to be announced by INS).

--- --- ---

>From: Lin Shi <[email-masked]>  June 14
Subject:      Exactly How Many Digits Is the A#

Axx-xxx-xxx will have to be your A#. I looked at my greencard and my number
is shown as A0xxxxxxxx. A zero was added between the letter A and the 8
digits. My counting included the A and the 0 to come to ten digits. If you do
not count the letter A, the "significant figures" then are 8 digits.

--- --- ---

Q: From: ****@.****.***.***.edu  June 13
   Subject:      Re: question in filling forms

For Form G-325 Biographic Information. If father or mother has died, how to
fill the blank of "City and country of residence"?

A: From: Lin Shi <[email-masked]>  June 13

You can write "deceased" in this entry, or under AGE, or in some other entry.

--- --- ---

Q: From:  ****@****.AGSCI.ColoState.EDU Fri Jun 11 14:38 CDT 1993

How to answer question No. 26 , Part R of form I-485  which states: "Are you a
former exchange visitor who is subject to, but has not complied with, the two
year foreign residence requirement?"  for those held a J-1 visa?  Thank you.

A: From: *****@*****.edu  June 14

You must have an old I-485 (which is still usable/acceptable to INS), the
question in new I-485 (date: 09-09-92) is different, it asks applicant whether
or they have complied with or obtained a waiver of the two-year requirement.

In your case, you can write in "obtained a waiver" if yes/no is not applicable
to you.

--- --- ---

Q: From: [email-masked] Fri Jun 11 15:25 CDT 1993

I understand that we can submit the xerox copy of all forms, but how about
the finger printing?  Will the xerox copy come out OK?  Or do we need
submit the original card?

A: From: ****@*****.edu  June 14

If you read I-485 and I-258 (the finger print card), you will find out that
only original fingerprints/signature/ink-mark are acceptable.

--- --- ---

Q: From [email-masked] Sat Jun 12 01:21 CDT 1993

I have a question that I wish someone could offer some reasonable answer: the
question concerns a discrepancy between the name that appears on my passport
and the one I actually use.  Here is the story:  First of all, I used a
spelling system which is different from what the Chinese government insists
using when I applied for schools before I entered U.S., and when I applied my
social security number, I adopted an English first name, which made things
easy over the years.  Now I ended up with a name, which my school records,
bank accounts, utility bills, and all others except passport bear.  I never
had any problem due to this discrepancy here in the U.S. up until now.  Does
anyone think this will create a problem when I deal with INS?  Thankfully, I
have maintained a consistency in my signature.  And of course, I can report it
as "other names used."

A: From: ****@****.edu  June 14

It's not going to be a problem, so long as you fill out INS form with your
PASSPORT name and write your non-passport name in the entry "other name used"
in form G-325A.  It would be safer if the name on your certificate is same
as the passport one.

--- --- ---

Q: From:  [email-masked] Sun Jun 13 21:49 CDT 1993

I didn't keep my previous W-2 forms and copies of tax return forms except for
the year of 1992. So, question one: for students who actually don't need to
pay income tax because of the tax treaty, will INS still ask for previous W-2
forms and tax return forms? If so, then question two: are there some
alternative documents I can use to substitute these? Can I ask IRS to provide
these?

A: From:  ****@***.edu  June 13

If you fill out Form 9003, usually you don't have to worry about W-2.  You
can always request a W-2 from your (previous) employer(s), and you should
keep a copy of your tax returns for the possible INS interview.  You may
visit your local IRS to see if they can provide you some sort of evidence of
your filing tax return(s).

--- --- ---

Q: *****@@CUNYVM.CUNY.EDU Sat Jun 12 08:22 CDT 1993

I came to U.S. on Jan. 5 1989. and got an I-94 with a correct date (Jan. 5,
1989) on it. I asked for a duplicate I-94 when I lost it two years ago. The
INS write the admitted date as Jan. 5, 1988 on the duplicate I-94 by mistake.
My question is: Should I mention it when I fill out the forms to INS, or just
ignore it.

A: From: ****@****.edu June 14

Yes, you should add a note when you file out INS forms and submit your I-94,
to report the error made by INS.  You can't just ignore it since your
real entry date is in INS computer and the year 1988 on your I-94 might be
a simple typo by INS.

--- --- ---

A: From: ****@****.eng.usf.edu Sat Jun 12 08:35 CDT 1993
   RE :  In 1991, back in CHINA for 9 months.

One of My friends, Dr. Liu, came to USA before June 4, 1989, and she went
back to China for a visit and also changed her visa from j-1 visitor to
F1 student in 1991, but this trip took her 9 months. we know , according
to your information, Dr. Liu is not covered by Protection Bill, but we
still wonder if any way she can fight for herself, and would you please
give some advice.

A: From: *****@***.edu  June 12

She needs to prove that her lengthy stay in China was due to some reason
out of her control/against her will (other than being denied a U.S. visa).
Her case will have a better chance to handled by an immigration lawyer.

--- --- ---

Q: From: [email-masked]  June 12
Subject: IFCSS's Questionnaire

IFCSS's lawyer-prepared questionnaire has specific and detailed questions
about applicants' employment records, especially "permanent" employment.
What's the logic of these questions if applicants are just students?
Assistantships, fellowships, or any other scholarships are not considered
"employment" per se, and many students live on these grants. Do they have to
find a sponsor for the CSPA? Thanks

A: From: ****@******.edu June 14

TA and RA are considered as employment by both IRS and INS. The rest of
your question can be answered by the CSPA text itself and CND-US CSPA
packages I.

--- --- ---

Q: From:  ****@***.zoo.uga.edu Sun Jun 13 14:05 CDT 1993

1.  I went back to China with Advanced Parole in 1991. I returned the
Advanced Parole to immigration officer when I reentered the U. S. so that
I do not have the nonimmigrant visa number at hand. But form I-485
requires to give that number and the date the visa was issued. How could
I do?

2.  I applied WIC for my son for about a year during 1989 and 1990. Should
I give the information as receiving public assistance in part 3, form
I-485?

A: From: *****@****.edu June 14

1. Write N/A and put a note "with advance parole on F-1 (or J-1 or H-1 or
other) status".

2. I saw some discussions in previous CND-US CSPA packages, you don't have to
mention it for YOUR OWN application, but your son has to in HIS application.

--- --- ---

Q: From: [email-masked] Sun Jun 13 14:56:28 1993

I want to present a specific case concerning the adjustment of PR status for
those spouses/dependents who arrived later than 4/11/90. As I don't know how
to send the message in, I would appreciate if you could help me get this
message through.

I am a "late-arrived" spouse. My entry visa was J-1 exchange visitor. At the
time of my J-1 termination, I changed my status into J-2 (as what I am holding
now). My question: If by any chance I can benefit from this CSPA, do I need to
stick to the "two year residence" regulation? Say, for example, suppose my wife
files application for my adjustment of status into PR, is it necessary or is
there any way to get the waiver of this "two year home residence" restriction?
I would be interested to see how anyone in the same situation is dealing with
this.

A: From:  *****@****.edu  June 14

I remember that in 1990/1991's CND-US, there were some discussions on similar
situations in CND-US Q&A column, you might get related discussions form CND
InfoBase by anonymous ftp in CND.ORG, directory pub/InfoBase/packages/qanda

----------------------------------------------------------------------------
5. Further Infomation on Where to Order INS Forms etc. .................. 80
----------------------------------------------------------------------------
1) From: "Dr. Earl Bean - Library" <[email-masked]>  Sat Jun 12
   Forwarded by: Mingliang Chen, Systems Librarian at Hampton University
   Subject:  Government Printing Office

                 Bookstores -- Governement Printing Office
___________________________________________________________________

     City                       Address                   Telephone
___________________________________________________________________

Washington, DC, area:
   Main Bookstore ......... 710 N. Capitol St. NW...   202-512-0132
   Farragut West .......... 1510 H St. Nw...........   202-653-5075
   Retail Sales Outlet..... 8660 Cherry Lane, LLaurel,MD 301-953-7974
Atlanta, GA................ Rm.100,275 Peachtree St.NE 404-331-6947
Birmingham, AL............. 2021 3d Ave. N............ 205-731-1056
Boston, MA ................ Rm. 179, 10 Causeway St... 617-720-4180
Chicago, IL ............... Rm. 124, 401 S. State St.. 312-353-5133
Cleveland, OH ............. Rm. 1653, 1240 E. 9th St.. 216-522-4922
Columbus, OH .............. Rm.207,200 N High St. .... 614-469-6956
Dallas, TX ................ Rm. 1C50, 1100 Commerce St 214-767-0076
Denver, CO ................ Rm. 117, 1961 Stout St.... 303-844-3964
Detroit, MI ............... Suite 160,477 Michigan Ave 313-226-7816
Houston, TX ............... 801 Travis St............. 713-226-1187
Jacksonville, FL........... Rm. 100, 100 W. Bay St.... 904-353-0472
Kansas City, MO ........... 120 Bannister Mall
                            5600 E. Bannister Rd...... 816-767-8225
Los Angeles, CA ........... C-Level, ARCO Plaza
                            505 S. Flower St.......... 213-239-9844
Milwaukee, WI ............. Rm.190,517 E.Wisconsin Ave 414-297-1304
New York, NY .............. Rm.110, 1000 Liberty Ave   212-264-3825
Philadephia, PA ........... 100 N. 17th St............ 215-597-0677
Pittsburg, PA ............. Rm.118, 1000 Liberty Ave.. 412-644-2721
Portland, OR .............. 1305 SW. 1st Ave.......... 503-221-6217
Pueblo, CO ................ 720 N. Main St. .......... 719-544-3142
San Fransisco, CA ......... Rm.1023,450 Golden Gate Av 415-252-5334
Seattle, WA................ Rm.194, 915 2d Ave........ 206-553-4271
New York, NY ...............Rm.110, 26 Federal Plz.... 212-264-3825
___________________________________________________________________

For further information, contact the Director, Office of Congressional
Legislative, and Public affairs, Government Printing Office, North Capitol
and H Streets NW., Washington, DC 20401. Phone, 202-512-1991
___________________________________________________________________

2) From: FW Wu <[email-masked]>  Fri Jun 11 17:02 CDT 1993

        Some people found that it is difficult to obtain necessary forms and
information for immigration status adjustment.  Here is a way you can find them
(at least most of them):

        Go to your library's Government Document Sector and look for following
book:

        "Directory of Voluntary Agencies"

        The directory was compiled by U.S. Department of Justice, Immigration
and Naturalization Service. The most recent edition I can find in TTU library
is 1989 edition.

        Some words in FORWORD give an idea about this directory:

        "The INS Outreach Program has compiled this directory of nonprofit,
immigration and resettlement counseling agencies."

        "The directory is composed of voluntary agencies, legal services
corporations, and ethnic, religious and community organizations. These groups
either counsel person on immigration and resettlement matters or refer them to
more experienced agencies."

        "Many of these agencies, known as volags, are recognized by the Board
of immigration Appeals (BIA) to officially represent aliens before the
Immigration and Naturalization Service and the BIA."

        The directory breakdown to regions and cities.  From many of the
hundreds agencies listed in the directory, you can find necessary forms and
useful information.  Fingerprint and photo takings are also available in some
of these agencies.  I obtained forms (except Form 9003) for free and have my
fingerprint and photo taken for $16 in one of the two local agencies listed
in the directory.

----------------------------------------------------------------------------
6. Extensive Discussions, Q&A on Birth Certificate, Filing
   2nd PR Application and "A Number" by a Netter, Based upon
   His/Her Past Personal, Direct or Indirect Experience or Knowledge ... 200
----------------------------------------------------------------------------
>From: Lin Shi <[email-masked]>  June 11 thru June 14
Collected and Re-compiled by: Bo Xiong

*******************************************************************************
DISCLAIMER: I am not an attorney and am not giving legal advice. The below are
based solely upon past personal, direct or indirect, experiences or knowledge,
and have been offered only passively not voluntarily. It is commonly known that
cases may vary from those of mine or my friend's as cited below and dicision on
each case will be subject to the discretion of the INS and its representatives.
I, the individual whose name appears below, hereby disclaim any possible legal
responsibility that may incur in any capacity and any manner.  Thank you.
                 Lin Shi <[email-masked]>
*******************************************************************************

> From:         <[email-masked]>
> Subject:      about certified copies
>
>        In detail, should I certify every page of the passport copy? Or just
> one certified sheet for the whole passport? Should I ask the notary person to
> sign ON the copy, or use a seperate paper for certification? What kind of
> words should I put on the copy paper for certification? Your help will be
> greatly appreciated.
>
>        Second question, do I have to supply secondary material, such as
> school transcript, to prove that I continuously resides in the US? Though I
> never left and have only one I-94? Thanks.

Although several netters have pointed out that it is not necessary to have
photocopies certified, people prefer to believe otherwise, understandably.

Let me tell you again, regular (uncertified, unnotarized) photocopies are
acceptable as long as they are copied clearly (that's what "eligible copy"
means) and AS LONG AS YOU CAN PROVIDE THE ORIGINAL. Certified copies are
required only for those documents whose originals are unavailable.

As to passports, you do NOT need to prepare copies--the INS officer will
make copies of your passport him/herself when you go filing in person. But
if you file by mail, I suspect you might need to provide just the regular
photocopies of the pages of the passport that are not blank. You will be
required to present your original passport at the interview later anyway.

The I-94 and EACH of your IAP-66 or I-20 forms since you come to the US
will be sufficient and the only proof of your continuous stay. These forms,
at least the I-94, will be surrendered at the time of filing.

--- --- ---

> We were informed that passport can be used as a substitute for birth
> certificate. But now it seems to be a problem. It is indicated in form

I remember IFCSS announced in one of the releases months ago that passport
can be used as birth proof for Chinese main-landers. The IFCSS should clear
this matter again and do it with solid legal backing.

> I-485 that "other record of your birth" can be used as birth
> certificate.  What does "other record of your birth" mean? We got

The best proof the INS accepts, if no birth certificate is available, is an
official notary of your birth from the public notary office at your birth
place. When this is not available, a notarized statement from your mother
is the second best thing. For those who can have a statement in English from
his/her mother NOTARIZED in the US or in China, do it and you are home safe.
I used such a statement for my PR and they accepted it without question.

If the above are not possible, you resort to a statement by someone related
to you (preferably a family member) who were alive and present if possible
at the time of your birth. See CND's CSPA Info Package V released today.
This statement, again, has to be written or translated (with certification) in
English and has to be notarized. Hire an attorney to prepare the statement for
you if you want to be sure, although I did not.

> some records of our birth dates and places without the names of our
> parents.  Are this kind of records valid? If passport can not be

Again, see the CND-US 6/13 CSPA package. If you are going to get a statement
by your parent or relative, make sure your parents' names appear in the
statement. If you already have something that's legal enough to prove your
birthdate and birthplace but does not contain info on your parents, I supposed
you can rely on a secondary record to add that info as suggested by the CND-US
CSPA package.

> used, could you give us a legal birth certificate sample ( Suppose our
> parents are the persons to give such kind of certificates ) to follow?

Yes, but this is not legal birth certificate. Something to the effect:

  I certify (or state under oath)

  (1) that I am the mother/father/... of so-and-so.
  (2) that so-and-so is my son/daughter/...
  (3) that so-and-so was born on the xxth day of June of nineteen xxxxx in xxx
      city, xxx province, P. R. China.
  (4) that so-and-so's father is xxxxxxx, and so-and-so's mother is xxxxxxx.
  (5) that no birth certificate is kept due to Chinese tradition....(reword)

  Signature, Notary, Date, Place.

The bottom date and place are the date and place of the oath.

ONE IMPORTANT ADDITION: mother has to state, either at the beginning or as
a No. (1) or at the end, her name, birthdate, and that she took oath to
state the above/following to the best of her knowledge/recollection.

Hope this will help.

--- --- ---

Subject:  Additional Comments / Re: birth certificate

I have in previous postings discussed about statements from members of your
family or relatives on your birth, a few points should be noted.

1)  If you used anything other than a notarized birthdate certificate or a
notarized statement from your mother, you have to provided a notarized state-
ment stating that you have attempted and failed to obtain the required birth
proof. That is, you have to convince the INS that what you use is absolutely
the last thing, the best thing as official as you could obtain, that you got.

You guessed it right, even if it's your father's statement, they may not
automatically accept.

2)  For those who will file for their children as part of his/her application
under CSPA, then you and your spouse may write a notarized statement to
clarify your child's birthdate and birthplace. Simple.

--- --- ---

> Regarding the Birth Certificate:
>
> 1. Should the "parent provided birth certificate" be prepared in Chinese or
>    English? Would English be better since it would nolonger need translation?

Yes, in English, as long as your parents have no objection.

> 2. Would it be acceptable that one prepare a from, such as the one you
>    suggested above, and just let his/her parent fill the blanks and sign it?

Yes. But there is a catch. What does notarization mean? The person sign the
document has to sign it in front of the Public Notary Officer or an INS
officer. You can not have your parent sign the letter in China and then have
it notarized in US. No, absolutely not. If a Chinese notary officer agrees to
witness her signing, fine. I presume the INS officers in the US Embassies in
China have the oath power but I do not know if any of them do provide the
service. Maybe IFCSS can be of a little help in contacting them.

--- --- ---

Subject:      CSPA for Those Who Have Filed Other PR Applications

> My sister (U.S citizen) filed a PR petition(relative-based immigration)
> for me in 1991. INS approved it but no visa available right now.

Apparently, it is allowed to file double applications. This is probably under
the provision of "dual intentions"---I was told the the US immigration laws
permits dual intentions, e.g. one can be a J-1 or H-1 (both are temporary
work visas) but at the same time initiate the process for an LC and hence PR.
To be accurate, I do not know for certain if one can file PR applications
under different categories (CSPA and relative based, for instance). However,
I know of a case where one person filed the same employment-based application
twice, one in the US and the other in his home country (not China) in order
to take advantage of the shortest waiting line for an interview. He met no
difficulty in filing either of the two applications and got his greencard upon
the first interview (in his home country). By this analogy I would say it's
OK to file double applications.

> How should I answer the question in I-485  "Have you ever file for PR? if yes
> give data place and final deposition" ?

Based on the assumption that dual filing with dual intention is allowed. Then
you should answer truthfully, yes I have. For final deposition, I suppose you
can say something like "approved but waiting for visa number" or "application
pending."

One important detail, correct me if I'm wrong, is that petition and application
are two separate processes. If your sister has got the petition approved for
you but waiting to file an application when your visa number (priority date)
is available, and the question in I-485 is "Have you filed an application for
PR?", your answer is "NO" because you have only been petitioned for but have
not filed.

--- --- ---

Subject:      Re: A# in I-485

> From:         Yanling Qi <[email-masked]>
>
>    There is a number in the form I-688 (EMPLOYMENT AUTHORIZATION CARD).
> This number is also called Alien number.  Is this number the same number
> as in the form I-485 (A#)?

Good question. As I remember it, there are a few places in the forms that ask
for A# or File #.

Possibly you have been assigned an Alien Registration Number. One place you
can find your A# is on the Employment Authorization Card if you've got this
card. The other place is the official 2-year Waiver Letter that most of you
under CSPA got from changing your status under President George Bush's Exec.
Order. On the top of that letter near the Subj. line, if there is a 10-digit
number beginning with a letter A, that IS your A# and use it on the forms.

The A# on your Employment Authorization Card may or may not be the true A#
for you, but you can fill it in the forms anyway. This is because that some-
times the INS use a temporary control number for the employment card if the
alien had not been assigned a real A# at the time the EAC was issued. None-
theless, the INS officer can tell whether a number is the assigned A# or a
temporary control number. True or false, it's an A#, and it's yours.

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