Subject: CND-US CSPA Information Exchange Package (VIII), June 18, 1993

From: [email-masked]
Date: Fri, 18 Jun 1993 01:02:04 -0500

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

                               (US Regional)

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

                            Friday, June 18, 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 (VII) for more info. Many questions have been answered
                and/or discussed in the previous 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 (VIII): About Preparing to Apply for U.S. PR Under CSPA

1. A Note from INS About CSPA:
   Do Not File Application Until Rule Is Published; Locations to File ... 65
2. INS Releases the Draft of the CSPA Rule to the IFCSS Headquarters .... 30
3. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 345
============================================================================

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1. A Note from INS About CSPA:
   Do Not File Application Until Rule Is Published; Locations to File ... 65
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Source: usenet newsgroup soc.culture.china   Thu, 17, Jun 1993
>From: [email-masked] (Fred Liu)

I just received a package of forms for CSPA.  The package is the same for
normal employment based application.  The following is a note enclosed in the
package INS sent to me:

Department of Justice
Immigration & Naturalization Service

INFORMATION FOR CHINESE STUDENT PROTECTION ACT OF 1992

The Immigration and Naturalization Service (INS) draft rule implementing the
Chinese Student Protection Act of 1992, Public Law 102-404, (CSPA), has been
forwarded to the Department of Justice and the Office of Management and Budget
for their review and clearance.  Until these offices have completed their
review and clearance and the rule is published in the Federal Register, the
INS will be unable to provide specific information concerning the application
process.  The INS will implement the CSPA as soon as possible after Federal
Register publication.

Potential CSPA applicants are urged not to file their applications before the
rule is published.  Submission of an incomplete application or submission to
the incorrect office may ultimately delay the applicant's adjustment of
status.  The *proposed* addresses for submission are listed below:

        a): If you reside in Connecticut, Delaware, District of Columbia,
        Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
        Pennsylvania, Puerto Rico.  Rhode Island, Vermont, Virgin Islands,
        Virginia, or West Virginia, send the completed application to:

                Immigration & Naturalization Service
                Easter Service Center
                75 Lower Welden Street
                St. Albans, VT 05479-0001

        b): If you reside in Alabama, Arkansas, Florida, Georgia, Kentucky,
        Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South
        Carolina, Tennessee, or Texas, send the completed application to:

                Immigration & Naturalization Service
                Southern Service Center
                P. O. Box 5668808
                Dallas, TX 75356-8808

        c): If you reside in Alaska, Colorado, Idaho, Illinois, Indiana, Iowa,
        Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota,
        Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming,
        send the completed application to:

                Immigration & Naturalization Service
                Northern Service Center
                P. O. Box 82521
                Lincoln, NE 68501-2521

        d): If you reside in Arizona, California, Guam, Hawaii or Nevada, send
        the completed application to:

                Immigration & Naturalization Service
                Western Service Center
                P. O. Box 30111
                Laguna Niguel, CA 92677-8111

DO NOT MAIL APPLICATION PRIOR TO FEDERAL REGISTER PUBLICATION

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2. INS Releases the Draft of the CSPA Rule to the IFCSS Headquarters .... 30
----------------------------------------------------------------------------

[Editor's note: CND does NOT have further info on the draft of the INS Rule
                at this moment, please concerned readers contact IFCSS HQ
                directly at the addresses given below.]

>From: IFCSS HQ <[email-masked]>     Thu, 17 Jun 1993 12:58:45
Subject:      LATEST NEWS ABOUT CSPA     (IFCSS HQ NR-4144)

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]

      Early this morning, the IFCSS HQ has received the text of the draft
instructions for the CSPA. This draft is currently under review at Attorney
General's office and the Office of Management and Budget. Final regulations
will be published soon.

      IFCSS HQ immediately got in touch with INS HQ and was told that the
draft was still subject to change. Ms. Rita Boie, the INS officer who
prepared the draft, cautioned that CSPA potential applicants should wait for
the publication of the formal regulations before they send out their
applications.

      Detailed information will be released later.

      Please do not call the HQ. We are unable to answer individual calls. We
will keep a close contact with the INS and other government offices and the
HQ's lines MUST NOT be jammed.

----------------------------------------------------------------------------
3. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 345
----------------------------------------------------------------------------
Source: Messages posted to various CSS related mailing lists/networks
Collected and Compiled by: Bo Xiong, 6/17/93

[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 (VII) for more info. Many questions have been answered
                and/or discussed in those issues.]

Q: From [email-masked] Wed Jun 16 09:37 CDT 1993
   To: [email-masked]
   Subject: Application Forms under CSPA

I've registered in IFCSS-CSPA Center($50).  Will you send me a package of the
forms by your rule in the near future?  (I remember that somewhere you've
mentioned to send us such forms  ??)  I just have to know if I am guaranteed
to obtain the forms from IFCSS-CSPA Center. Otherwise, I have to immediately
figure out a way to get the forms by myself -- at any price.

Answer from CND Editors:
-----------------------

We are sorry that we can't help you much in this regard, because China News
Digest (CND) is in NO way related to the Independent Federation of Chinese
Students and Scholars in the U.S. (IFCSS), nor related to the IFCSS CSPA Info
Center; and nor vice versa. However, CND has selectively carried News Releases
by the IFCSS and has been reporting IFCSS activities, as part of our effort to
provide news and information in a timely manner to readers.

Despite that we repeatedly remind readers of the fact that CND and IFCSS have
no affiliation relation with each other, we have been receiving numerous
messages from readers which are addressed to the IFCSS.  Due to our limited
manpower resource of VOLUNTEERs, we have been unable to forward all of such
messages to the IFCSS.  If you happened to have sent such messages to CND but
haven't heard responses, you may want to re-send it directly to the IFCSS HQ
at the address <[email-masked]> for proper handling and processing.

CND aims at providing news and other information services to readers who are
concerned primarily about China-related affairs.  CND will remain independent
and strive to be impartial at the issues and news it reports.

--- --- ---

Q-1: From [email-masked]  Thu Jun 17 20:34 CDT 1993

Why doesn't IFCSS HQ release the electronic version of their CSPA Info
Center Newsletters and other information in English?  If the main purpose
of the IFCSS CSPA Center is to serve CSS who have no network access, there
seems no reason for the IFCSS to not disseminate the same news and info to
the network, from which most CSS get related information.  There is a 3-4
days delay for IFCSS CSPA Center's Newsletter by US mail, plus the time
CND spends to summarize, tranlate and type in, lots of energy and time
have been wasted.

Q-2: From [email-masked] Thu Jun 17 23:12 CDT 1993

I think it's very unreasonable for the IFCSS to inform of the detailed
regulations first to the Chinese students who are currently registered with
them. (In reference to the IFCSS CSPA Info Center Newsletter No.4)

We 've been donating money to IFCSS all these years.  I thought IFCSS is a
organization for all Chinese students and scholars who support it.  So it's
really unfair that some Chinese students are informed of the detailed
regulation earlier than the others.  I believe many Chinese students think
the same.  So please re-consider of this, or you might loose some trust from
lots of Chinese students and scholars who IFCSS need to work with to get
anything done in the future.

Q-3: From [email-masked] Thu Jun 17 01:58 CDT 1993

Dear Editors of CND:

In the IFCSS CSPA Info Center Newsletter No.4 dated June 10, the CSPA Info
Centre claimed that they will inform some important information to their
members first.  I consider that this is unfair to most of Chinese students
who are covered by CSPA. Because IFCSS claims to be the representative of all
Chinese students rather than part of them who paid $50 to them. IFCSS should
not use this opportunity to make money.  IFCSS has more and quicker info
than anyone else because it represents us to contact with the U.S.government
(White House and INS etc.) and Congress. Therefore, IFCSS should not treat
all Chinese students differently. IFCSS should not be money-oriented. IFCSS
SHOULD SERVE ALL CHINESE STUDENT IT REPRESENTS RATHER THAN PART OF THEM.

I already heard a lot of complaints about IFCSS wrong doing. IFCSS is losing
credits for doing so. The current IFCSS officers should take responsibility
about this wrong doing.

Considering that CND is an independent news service and has great honor and
credibility, CND should be independent of IFCSS in this CSPA matter. CND
should us all its news sources to find the information and inform its reader
about CSPA hot topic as soon as possible, such as some Chinese newspaper, U.S.
government publications and other sources. We are in very remote area. We rely
on CND news for formation. We trust CND as a good and fast information source.

We hope CND is a really independent news service. I wish CND do fast and good
service to further increase its credits through this key time of CSPA.
Conclusively, We hope CND could collect CSPA specification with various source
and put it into the system ASAP once it is published.

We would appreciate your efforts.

Answer from CND Editors:
-----------------------

Thank you for your message, we have forwarded related part of your comments
(above question No.3) to the IFCSS HQ, please contact [email-masked]
directly next time on IFCSS related matter, because CND has NO organizational
connection with the IFCSS.

CND has been actively and aggressively reaching out to search and collect CSPA
related information (as well as reporting IFCSS's and others' lobbying effort
for the CSPA) since years ago.  However, due to the nature that CND is
completely volunteers based (all of our members were/are CSS just like you),
there is a limit to our ability in obtaining news and info.

During this ongoing CSPA Info Exchange Package project, CND volunteers have
typed in/written about 2,000 lines of English text, and sorted out/collected
another 2,000 lines of materials out of tens of mega bytes of messages, which
comprise 90% of the contents of the CND CSPA Info Exchanges packages. It is
obvious that we do not and are unable to rely on any single info source in
our CSPA information disseminating.

As you have been seeing, CND volunteers spend a great amount of their precious
time in summarizing, translating, typing, sorting, collecting material for
the CND-US CSPA Info Exchange packages, while some of them are not benefiting
in anyway from the CSPA.

Finally, we would like to thank the persistent support from our readers, and
call for information sharing among our readers. Without readers' support in
form of sending CND valuable information, we cannot improve the service.

--- --- ---

Q: From *****@***.tamu.edu Thu Jun 17 11:39 CDT 1993

Hi! My question is that I had military service for 2 years and worked in an
army hospital for 4 years and i want to know if this will cause some problem
in my application if i just write this way. Thanks.

A: From: ****@******.edu  June 17

If you use NEW Form I-485 (Rev. 09-09-92), there is no such a question.  If
you have only old version of the I-485, you should answer it honestly, it
will unlikely jeopardize your application (now that it's not a question at
all in the new I-485).  INS accepts both new and old versions of I-485.

--- --- ---

Q: From: [email-masked]  Wed, 16 Jun 1993 15:24:32

I remember one person mentioned the Traffic tickets need to be written on the
I-485. But the I-485 writes:

b. been arrested, cited, charged, indicted, fined or imprisoned for
breaking or violating any law or ordinance, excluding traffic violations?
                                            ^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Can anyone explain this?

A: From: *****@****.edu  June 17

You are talking about the new version of I-485.  In the old version of I-485,
your traffic tickets should be reported.

--- --- ---

Q: From: [email-masked] Thu Jun 17 11:27 CDT 1993

I have [a] friend who forgot to pay 11.00$ for 2 batteries and fined a ticket
of 220.00$. He was under CSPA and went to police headquarter to check his
criminal record. Surprisingly, there is nothing in his record. So, you asked
the police why. The policeman told him that because the item he shoplifted was
under $20.00 and thus only got a ticket, not arrest. So, that was not criminal
act. Would you tell me if he need to mention this on a separate sheet of paper
and how to write this properly. Does this affect the application if not
mentioning it?

A: From: *****@****.edu  June 17

If he was not arrested, cited, charged, indicted, fined or imprisoned, he
doesn't have to mention that in I-485, provided that the "fine" he received
was by the Department Store where he shopped instead of local police.  No
record by local police doesn't mean no record by FBI.

--- --- ---

Q: From: CCNL Reader <[email-masked]>  Tue, 15 Jun 1993 14:23:05 CDT

I have a question about fingerprints. Some police stations have forms for
fingerprints. There is a stamp of the local police station on the forms
instead of the INS stamp which is on the forms issued by the INS. Are those
forms acceptable in the INS which locates in the same state as the police
stations do?

A-1: From: MX <[email-masked]>   Wed, 16 Jun 1993 16:10:21

Use the chart from your local INS office. There are some identifying code on
it. These charts will be returned to your local FBI for crime investigation.

A-2: From: *****@****.edu  June 16

The fingerprint card from local police should be acceptable to INS as well
(since it's acceptable to your local FBI), according to INS's specification.

--- --- ---

Q: From ****@***.harvard.edu Wed Jun 16 21:11 CDT 1993

Hi, I have a question in how to fill in Part 2. (Application Type), obviously,
answer a) "an immigrant petition giving me an immediately available immigrant
visa number has been approved" is not pertinent; answer d) " I was granted
asylum or derivative asylum status as the spouse or child of a person granted
asylum and am eligible for adjustment " is also not very pertinent. The rest
b), c), e), f) and g) are even more far away from our situation. only possible
answer seems to be h) " Other-explain______________", then, how to specify in
h)?

A: From: ****@****.edu  June 17

According to CSPA per se, you will use either a)  or  h), if it's a), then
no more question about it:  CSPA applicant is deemed to be granted approval
of immigration visa under employment-based category.  If it's h), then INS
should give the detail in its CSPA Rules (yet to be announced).

--- --- ---

Q: From: [email-masked]  Thu, 17 Jun 1993 12:08:43

Hi, I have a question related to a spouse application not covered by CSPA.
According to June 16's CND-US CSPA Info pak (VII), the spouse may apply for
the P.R. in the category of family union when one covered by CSPA submit the
application. So, what a spouse should do now? Medical exam? Fingerprint?
etc. ?

A: From: ****@*****.edu June 17

1) Obtain stay/work permission for your uncovered family member(s) (this has
to be seen in final INS CSPA Rules).

2) Once you are approved for your greencard (received INS notice of approval),
file petition for greencard for your family members immediately, so that they
can get into regular immigration queue as soon as possible.

3) Pay attention to any development in the possible family re-union plan
under CSPA (if there will be one).

--- --- ---

Q: From: ***@****.SYR.EDU Thu Jun 17 09:55 CDT 1993

I finished my studies early this year and got a job. My employer did not
petition to change my status.  So I still have F-1 and I am working with work
authorization granted under Bush's executive order.  Am I still covered under
CSPA?  If so, how shall I fill out the question on I-485 part I: current INS
status and Expires on?

I used to live in an apartment building which charges different rents from
people with different levels of income.  The rent is usually one third of the
income. Is this a form of public assistance?

A: From: ****@****.edu  June 17

You are covered by the CSPA, details can be found in CND-US CSPA Info Exchange
Package VII (June 16).

And, you don't have to report the reduced rent in your I-485.

--- --- ---

(Referring to the discussion about whether or not the immigration photo
 could have glasses on.  In last issue, several netters reported that they
 didn't have glasses on / were asked to take their glasses off).

>From: Yi Hu <[email-masked]> Wed, 16 Jun 1993 20:18:46 -0500
Subject:      pic w/ glasses Okay

The picture on my green card is with glasses. The frame of my glasses is
light and thin. Both lens are 400 degrees.  This is just for your information.

-- --- ---

(The following is for your information)
>From:  *****@****.uhcc.Hawaii.Edu Wed Jun 16 02:10 CDT 1993

        I would like to share with you my attempt to get a notarized birth
certificate.  I don't know how many of you had similar experience, but maybe
some one can offer helpful hints.

        I called my family in China to get my birth certificate last week. It
took my dad one day to get my birth record from the local "Household
Registration Post (Pai-chu-suo)" as well as the hospital record with two
doctors' signatures.  But the problem emerged when he took the records to the
municipal notary public.  In order for him to notarize my birth certificate,
according to my father, I need three documents: a) photocopies of my valid
5-year passport (which I don't have) with notarized signature that the picture
on the passport in fact belongs to myself; b) a letter addressed to my father
authorizing him to obtain the birth certificate on my behalf; c) an official
consent from my original work unit stating that it's OK for me to get PR in
the United States.  In addition, if I was sent to the US at the work unit's
expense, the proof of all debt being paid is also needed.

        My experience may be just one of the not so few instances that a
citizen is denied the proof of his very birth in China.  Since it was
mentioned several places in the bulletin that a notarized birth certificate
(even parents' statement)  is needed, I sense I am probably not the only one
who encountered such a problem.  Is there any means to forward such concerns
to the INS authorities so that they will be taken into considerations?  Any
advice is appreciated.

--- --- ---

Q: From:  *****@***.CIS.ECU.EDU Wed Jun 16 16:00 CDT 1993

One can get a birth statement from his parents in either English or Chinese.
How could he get certified in US because the parents have to sign it in China?

My friend has his original birth certificate issued when he was born. However,
he changed his name 20 years ago.  Can he still use this certificate?

A: From:  ****@****.edu  June 16

They should have their signature certified/notarized in China, note to verify
"signature" only, no need to ask anyone to certify your birthday (since it's
difficult to get your birth certificate in China).

Your friend may use it, provided that he can furnish a legal proof of change
of his name.

--- --- ---

>From: Bee Surgeon <[email-masked]>  Tue, 15 Jun 1993 23:29:46 CDT

As to whether or not the birth certificate has to be from the same town or
not, it really does not matter. All I did was to write my parents (I actually
typed up a certificate in computer, but they did not use it) and ask them to
ask the local Public Security Bureau for this:

(in Chinese):  This is to certify that Mr. Bee Surgeon was born July 4th,
1891, at Houtian Town, Oregon Province.  His father and mather are xxx and
yyy respectively.  PSB.

It is not really a birth certificate per se (but then again, they do not have
a standard one in china anyway), but had a read seal, so it counts.

it is just hand written in ink.  My wife's actually was from a different
public security bureau dispatch station from her home town, because her home
town PSB refused to provide one.  but it worked.

I then translated the thing into English, typed a form (this is to certify
that I, Dr. Wang xy, understand both English and Chinese, and I have read
the original document and the translation.  I hereby certify that the
translation is deemed accurate and precise.) and asked Dr. Wang to sign in
front of notary public. I did the same to the marriage certificate.

Note that:  I did not have my original passport or visa records, I typed
all those entries to US as I can remember, but the interviewer did not ask
for it.  He did not ask for my old passport either.  I had a completely new
passport with no visa.  He only checked to see if it is valid and wrote
an A # on it.  The A# now appears on my green card.

The only mistake the interviewer did was to ask me to WRITE my name in
Chinese, actually he should asked me to SIGN my name, so now my green card
(actually pink) has this printing of my name instead of a signature ...

+--------------------------------------------------------------------------+
|     Editor of This Issue: Bo Xiong,   Coordinating Editor: Wei Lin       |
+--------------------------------------------------------------------------+
|  China News Digest (CND) offers the following services:                  |
|     (1) Global News (daily)        (2) US Regional News                  |
|     (3) Canada Regional News       (4) Europe & Pacific Regional News    |
|     (5) Hua Xia Wen Zhai (a weekly Chinese magazine)                     |
|     (6) several information packages.                                    |
|  For subscription information, mail to: [email-masked]                 |
|  To get help, mail to:                  [email-masked]                 |
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