Subject: CND-US CSPA Information Exchange Package (X), June 21, 1993

From: [email-masked]
Date: Mon, 21 Jun 1993 02:15:21 -0500

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

                               (US Regional)

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

                          Monday, June 21, 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 (IX) 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
============================================================================
 Information Exchange (X): About Preparing to Apply for U.S. PR Under CSPA

1. Doris M. Meissne, a German-American, Nominated to Head INS ............ 6
2. An Unauthoritative Line by Line Analysis of the Draft
   of "Additional Instructions for Form I-485" ......................... 510
3. Discussion with Justice Department on Several Pending CSPA Issues
   -- News Release 004 of the National Council on Chinese Affairs ...... 100
============================================================================

----------------------------------------------------------------------------
1. Doris M. Meissne, a German-American, Nominated to Head INS ............ 6
----------------------------------------------------------------------------
>From: A CND Reader  Jun 20 14:47 CDT 1993

President Clinton Friday nominated Doris M. Meissner, a German-American, as
Commissioner of the Immigration and Naturalization Service, which requires
Senate confirmation, The New York Times reported today.  An immigration
specialist, Meissner served as Acting Commissioner in 1981 and Executive
Associate Commissioner from 1982-1985.  She is currently Director of the
Immigration Policy Project of the Carnegie Endowment for Int'l Peace.

----------------------------------------------------------------------------
2. An Unauthoritative Line by Line Analysis of the Draft
   of "Additional Instructions for Form I-485" ......................... 510
----------------------------------------------------------------------------
>From: ****@****.edu  June 20, 1993

[Editor's note: On Thursday, June 17, 1993 the Federal Register published
                additional instructions for the Form I-485, application for
                status as a permanent resident (see CND-US CSPA Info Exchange
                Package IX, June 18).  According to the NAFSA Central Office
                News Release, the instructions are not the CSPA regulations.
                The CSPA regulations should appear in the Federal Register
                very soon.  The following is for your reference only, please
                use your own discretion when you apply the information
                provided below.

                The lines prefixed with ">"s are the original text of the
                draft of Additional Instructions for Form I-485.

                CND-US CSPA Info Exchange Package will carry an example of
                filling out Form I-485 in next issue (XI).]

>From: Amy Yenkin, Doug Mollenauer (NAFSA Central Office)
>Date: June 18, 1993
>
>The following excerpt was taken from the 6/17/93 Federal Register:
>
>            ADDITIONAL INSTRUCTIONS FOR THE FORM I-485
>
>The Chinese Student Protection Act of 1992 (CSPA) allows certain persons to
>apply to adjust status regardless of whether a visa petition has been filed
>or an immigrant visa number is immediately available.

i.e., any eligible person may apply, no need to wait for so-called priority
dates (for normal immigration procedure).

Note this document is for the purpose of defining how to file I-485 under
CSPA, many other related issues, such as how the ineligible family members
will be treated etc., are not addressed.

>Who May File
>
>You may apply for adjustment of status under the CSPA if you were inspected
>and admitted or paroled into the United States and you:
>
>     are a national of the People's Republic of China (PRC) described in
>section 1 of Executive Order No. 12711, as in effect on April 11, 1990;

It's obvious that some provisions of the President Bush's Executive Order
still govern in the implementation of the CSPA.

>     was in the United States at some time between June 5, 1989, and April
>11, 1990, inclusive, or would have been in the United States during this
>time period except for a brief, casual, and innocent departure from this
>country;
>
>     has resided continuously in the United States since April 11, 1990
>(other than brief, casual and innocent absence);
>
>     was not physically present in the PRC for longer than 90 days after
>April 11, 1990 and before October 9, 1992;
>
>     is admissible to the United States as an immigrant, unless the basis
>for excludability has been waived;
>
>     establishes eligibility for adjustment of status under all provisions
>of section 245 of the Act, unless the basis for ineligibility has been
>waived; and

The definition for the eligibility here is made clear, more information and
explanation can be found in CND-US CSPA Info Exchange Package VII item No.4
"Detail Q&A on CSPA" and the CND.ORG CSPA InfoBase by anonymous ftp (see
Editor's note on top of this package).

>     properly files an application for adjustment of status under section
>235 of the Act.
>
>If you are a PRC national who meets these requirements, you may apply for
>CSPA adjustment regardless of your age or marital status.

i.e., one has to follow the procedure defined in this document to obtain
U.S. greencard.

>Please note that CSPA adjustment applicants are not required to have applied
>for benefits under Executive Order No. 12711.

e.g., if an otherwise eligible person has a J-1 visa and has never changed
INS status, nor received a waiver of two-year-home-stay requirement, the
person is still eligible to benefit from the CSPA.

It is still unclear that whether or not those otherwise eligible, but
switched to ANOTHER J-1 program after April 11, 1990, are still eligible.

There were quite some in-depth discussions about various situations of
the eligibility in CND-US two years ago, which are available in CND.ORG by
anonymous ftp (directory pub/InfoBase/packages/qanda).

>Non-PRC Family Members
>
>A non-PRC spouse or a non-PRC child of an eligible PRC national may also
>qualify for CSPA adjustment.  If your relationship to the PRC national is
>based on a marriage, the marriage must have taken place before April 12,
>1990, and must not have been terminated.  You must also:
>
>     meet the requirements of section 1 of Executive Order 12711;
>
>     meet the continuous residence and physical presence requirements listed
>above; and
>
>     have been unmarried and under the age of 21 on April 11, 1990, if you
>are applying as the child of an eligible PRC national.

More information and explanation for non-PRC family members can be found in
CND-US CSPA Info Exchange Package VII item No.4 "Detail Q&A on CSPA".

>Persons Who are Ineligible Special rules apply to CSPA adjustments.  You
>will not be eligible for CSPA adjustment if:
>
>     you were not admitted or paroled following inspection by an immigration
>officer;

Those who ONCE entered U.S. illegally have been excluded here.

>     you have A, E, of G nonimmigrant status, or have an occupation which
>would allow you to have this status, unless you submit a completed Form
>I-508 to waive diplomatic rights, privileges and immunities;
>
>     if you have A or G nonimmigrant status, unless you submit a completed
>Form I-566;

This probably doesn't apply to most of the CSPA beneficiaries, very few
of them are currently holding diplomatic, NATO or U.N. worker's visa.

>     you are already a conditional permanent resident; or

i.e., a person who has married an American citizen and has been granted
"conditional greencard", is not eligible (the "conditional greencard"
may be formalized after two years of the existing marriage).

>     you were admitted as a K-1 or K-2 fiance(e).

A K visa holder has to marry the American citizen who sponsors him/her to
enter U.S. in three months of the entry, or he/she falls out of lawful status,
therefore the person can be granted conditional greencard immediately after
getting married.

>General Filing Instructions
>
>Read the General Filing Instructions on Form I-485, which provide more
>information about forms and evidence.

This instruction only serves as a supplement to the original instructions
on the Form I-485.

>If required evidence is unavailable, you may submit secondary evidence.  Due
>to the difficulties some CSPA applicants may encounter when attempting to
>obtain documents from the PRC, you may submit secondary evidence of your
>birth or marriage in the PRC even though you do not have evidence that you
>unsuccessfully tried to obtain a birth or marriage record from the
>appropriate authorities in the PRC.
>
>All CSPA applicants should check "block b other" on Part 2 of Form I-485.
>PRC national applicants should write "CSPA- Principal" next to "block b
>other".  Non-PRC national applicants should write "CSPA-Qualified Family
>Member" next to "block b".

There probably a typo in above (from the original News Release of NAFSA), on
Form I-485 (Rev. 09-09-1992), it should be "block h other-explain" ("block b"
is for U.S. PR's family members, it's not applicable for many CSPA applicants
right now).

A side note: INS said it will continue to accept old version of Form I-485
(which contains more questions than the new version), but whether or not
the policy will continue is not mentioned in this document.

>Your Form I-485 must be accompanied by:
>
>     a copy of your birth certificate or other record of your birth;

As aforementioned, a secondary evidence is acceptable, such as copy of
passport, copy/translation of PRC Citizen ID Card (birthday only), copy of
PRC Physical Exam Report for International Travelers (many CSS have it, on
which, the date of birth and birth place are shown); or a copy of birth
certificate issued by your hometown "neighborhood committee" or working unit
or a local authority (which is fairly easy to obtain in most cases, not
necessarily from your birth place, a certified translation, is necessary).
There have been extensives discussions in CND-US CSPA Info Exchange Packages
I through IX.

>     evidence of your relationship to an eligible PRC national, if you are a
>non-PRC family member (see Form I-485 Instructions under "Initial Evidence -
>Evidence of eligibility based on your being the spouse of another adjustment
>applicant...");

Those could be marriage certificate, birth certificate of the child (with
parents' names on it) and etc.

>     two (2) ADIT-style photographs (see Form I-485 Instructions under
>"General Filing Instructions");

ADIT = Alien Documentation, Identification & Telecommunication (System), as
defined in INS Form I-468 (I-468 is not mentioned in this document).

A side note: the document does not mention the Form 9003 (tax clearance) and
several other forms as previously mentioned in INS talks with the IFCSS. The
only forms required in this documents are I-485, G-325A, FD-258 and I-693.

Don't forget to use a light pencil and write your name, SSN or A# on the back
of the photos for proper and easy identification, as many lawyers suggest.

>     one (1) complete set of fingerprints on Form FD-258 (if you are between
>14 and 75 years of age);
>
>     a completed Form G-325A, Biographic Information Sheet (if you are
>between 14 and 79 years of age);

i.e., applicant should use Form G-325A, G-325 is not mentioned in this
document.

>     an original medical examination report on Form I-693 completed by a
>physician authorized by your local INS office;

There have been questions about where to take medical exam, now it is
made clear.

>     a copy of your Form I-94, Arrival-Departure Record, or other evidence
>of inspection and admission or parole into the U.S.;

It doesn't say "original I-94", nor says "photocopy", but for the normal
immigration procedure, INS does require applicants to submit ORIGINAL I-94
(of last entry) in the final interview as Form I-485 instruction specifies
(in CSPA implementation, there will be no interview for most applicants,
therefore, applicant will have to take the original I-94 when he/she goes
to local INS for signature and fingerprint on his/her greeencard, see below).

It doesn't say all I-94's or just the very last one, it doesn't hurt if
applicant send in copies of ALL I-94's.  The "other evidence" could be
copy of the original I-20/IAP-66 that bears INS admission stamp at the
port of entry, or a copy of your passport sheet that bears INS admission
/entry record by the U.S. visa stamp.

If you travelled to Canada, Mexico or some other places in the North America,
and returned to U.S. without a visa (under advance parole), and without a
new I-94, you should still use the "latest I-94" you have when you go to
the INS (see below).

And, you should use the info in your last visa stamp for the Form I-485
entries "visa number" and "date visa was issued", and use your last "place
of last entry" to fill out Form I-485.  If your last entry was NOT on that
visa (i.e., on advance parole), then put a note "on advance parole" aside of
"place of last entry" in I-485.  The same for the question "date of last
arrival".  Also, use the last I-94 you have to fill out "I-94 #".

A side note: you shouldn't send in any of your PREVIOUS original I-94
except the very last one, now that as the I-94 instruction says: you must
turn it in when you leave U.S.

>     an original letter of employment, a completed Affidavit of Support on
>Form I-134, or other evidence that you will not be likely to be a public
>charge in the U.S.;

e.g., a letter from your school/Dept. verifying that you are a TA/RA etc.
(stating your salary and terms of the appointment, it doesn't have to be
a permanent position, one academic year, even shorter, should be good
enough).  Besides this, you need to provide an I-134 as well.

As for I-134, many CSS have some experience in dealing with it when they
sponsor their family members to come here, or when their sponsors helped
them to obtain I-20/IAP-66.  Simply fill out an I-134 (available from any
foreign student advisor's office), using your current employment and your
BANK STATEMENT as evidence, you also need to provide separate I-134 for your
family members who are eligible to apply for PR under CSPA, i.e., you or
someone else sponsor them.

If you are unemployed, you may try to find some friends/relatives to fill out
I-134 (i.e., to sponsor you and your family).  In this case, your application
shouldn't be denied based on your unemployment as long as you can provide an
I-134 showing that you will not be a public charge in the U.S., besides, the
CSPA per se does not require such an applicant being employed.

How much income/bank account balance is required for the I-134?  Hard to say,
but you can have some idea by asking around how much others put into I-134
when they sponsor their family members to obtain U.S. visa.

>     a photocopy of evidence that you have previously been found eligible
>for benefits under Executive Order 12711 such as deferred enforced departure
>(DED), employment authorization, and/or waiver of the two-year foreign
>residency requirement, if applicable;

i.e., if you have it, then submit it, if you don't have it, then forget about
it since you do not have to have it as stated earlier in this document.

>     a photocopy of all pages of your most recent passport or an explanation
>of why you do not have a passport; and

If you also have a copy of your lost old passport, that bears your original
entry record, you may want to attach that to your application too.  Please
note that "all pages" are asked here.

>     an attachment on a plain piece of paper showing:
>
>     -the date you arrived in the U.S. (must be before April 11, 1990);
>
>     -the date of each departure you made from the U.S. since that arrival,
>
>     -the reason for each trip, and
>
>     -the date you returned to the U.S. after each trip;
>
>     -if you did not depart the U.S. after your initial date of arrival,
>write "I was in the United States on April 11, 1990, and I have not departed
>from the United States since April 11, 1990; and
>
>     an attachment on a plain piece of paper showing:
>
>     -the date you arrived in the PRC; and
>
>     -the date you left the PRC for each trip you made to the PRC between
>April 11, 1990 and October 9, 1992;
>
>     -if you did not go to the PRC, write "I was not in the PRC between
>April 11, 1990 and October 9, 1992".

So, unlike mentioned in the questionnaire prepared by the IFCSS lawyer,
whether or not an applicant has been in the PRC after Oct. 9, 1992 (the
day Bush signed CSPA into U.S. law, really doesn't matter, it's not even
mentioned here.

You may also want to write your name, address, SSN or A# (if you have one)
on those sheets for proper and easy identification.

>Fee
>
>CSPA adjustment of status applications must be submitted with the fee
>required by Form I-485.

Don't forget to attach a check or money order, drawn on a U.S. bank and
payable in U.S. currency, for the EXACT amount of $120 (for each adult
applicant) or $95 (for each child applicant less than 14 years old).
You should write separate check for every applicant because CSPA applicants
have to file separately.  To whom the check payable?  See the I-485 per se.

>When to File
>
>If the President of the United States determines and certifies to Congress
>before July 1, 1993, that conditions have changed so as to permit safe
>return to the PRC, no applications for CSPA adjustments will be granted.

It's unlike that President Clinton will do anything to invalidate the CSPA,
judging from his statement later May on China's Most-Favored-Nation Trade
Status regarding the Human Rights situation in China.

>You must file your CSPA adjustment application before July 1, 1994.

According to the IFCSS CSPA Info Center Newsletter, citing the talk between
the IFCSS officers and INS, the INS will process the applications on the
"first come, first serve" basis, in such a situation, as someone pointed out
in usenet newsgroup soc.culture.china, no priority date will be given, those
who send in full set/correct application materials will be put into the
visa quota queue first, if an application is returned for more/correct info
(re-filing), the later arrived files will be re-queued, this is because
the INS has to use up the left-over employment-based visa numbers by Oct. 1,
1993.

As INS officer told the IFCSS HQ, all applications INS receives before
July 1, 1993, will have the same filing date July 1, 1993.  And it has
been repeatedly suggested by the INS that no filing should be done until
FINAL INS Rule is published.

If a person misses the first phase of filing, he/she can always file an
application under CSPA any time before July 1, 1994.

There have been lots of discussions on visa numbers etc. in CND-US CSPA
Info Exchange Packages and in CND.ORG CSPA InfoBase.

>Where to File
>
>File your application for CSPA adjustment of status with the Service Center
>having jurisdiction over your place of residence.
>
>   If you live in: Connecticut, Delaware, District of Columbia, Maine,
>Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania,
>Puerto Rico, Rhode Island, Vermont, Virginia, Virgin Islands or West
>Virginia, mail your application to:
>
>           USINS Eastern Service Center
>           75 Lower Welden Street
>           St. Albans, VT 05479-0001
>
>   If you live in: Arizona, California, Guam, Hawaii or Nevada, mail your
>application to:
>
>           USINS Western Service Center
>           P.O. Box 10485
>           Laguna Niguel, CA 92607-0485
>
>   If you live in: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
>Mississippi, New Mexico, N. Carolina, Oklahoma, S. Carolina, Tennessee or
>Texas, mail your application to:
>
>           USINS Southern Service Center
>           P.O. Box 152122, Department A
>           Irving, TX 75015-2122
>
>   If you live elsewhere in the U.S., mail your application to:
>
>           Northern Service Center
>           P.O. 82521
>           Lincoln, NE 68501-2521

There has been a slight different version of filling addresses in CND-US
CSPA Info Exchange VIII, which is originally from the INS Eastern Service
Center.  Applicants should use the one published in the final INS Rule
to file their application, the above listed could be the same as final
INS Rule.

If you have several eligible persons in your family, everyone has to file
separately, however, you may put them into several smaller envelops and
mail put them into a big mail package, the disadvantage is that you will
receive only one receipt from post office (if you request receipt from
post office by sending registered mail).

>Processing
>
>You must mail your application directly to the Service Center.  A receipt
>will be mailed to you after your application is received.  This receipt may
>ask you to go the local INS office, where the fingerprint and signature
>needed for your alien registration card will be recorded on Form I-89.  Take
>the receipt and your passport or other photo identification with you to the
>local INS office.

This has answered the question asked in previous CND-US CSPA Info Exchange
Package, i.e., how will the INS get the applicant's fingerprint and signature
on the greencard (Form I-89).

Remember to SIGN your greencard, instead of WRITE your name on the card, INS
usually asks applicants to SIGN their names in their native language.

By the way, going to your local INS and signing on I-89 do NOT necessarily
mean that you have been approved/granted greencard, unitl an immigration
visa number (quota) is immediately available.  i.e., if you are not in the
queue of some 40,000 left-over from world-wide employment-based category,
you will have to wait for the left-over (and/or 1000 deduction from China's
quota per CSPA) in next fiscal year, though you are asked to visit your
local INS.

And it is also made clear, that for those applicants who are moving to another
area during the application period, they should use their NEW address in the
Form I-485, since they will be asked to preset at their LOCAL INS office for
the fingerprint and signature.

>Applications may be approved without an interview.  However, if you receive
>a notice requiring you to appear at a local INS office for an interview
>concerning your CSPA application, your application will not be approved
>until after the interview has been completed.

Don't panic, an immigration interview is usually much easier than a job
interview in the U.S., just take all the related materials with you (as the
notice specifies) and answer question honestly, you will pass it easily if
you are really eligible.

>Decision
>
>After processing is completed, a notice of the decision will be mailed to
>you.  Keep the decision notice for your records.  If your application is
>approved, an alien registration card will be mailed to you within several
>months.

Usually it takes INS three to six months to make the greencard for you.

For those who have ineligible family members/dependents, you may want to
petition for PR for them through NORMAL procedure, once you receive your
approval of PR application from the INS.

Besides the possible family union plan associated with the CSPA, the best
thing you can do is to file for them as soon as possible (now the waiting
period for PRC applicants in the PR family member category is about two
years, it could be longer after the CSPA is implemented).

For further information about the possible family union plan associated with
the CSPA, you need to contact the IFCSS who has been actively in dealing with
U.S. government to solve this issue for CSPA beneficiaries.

>Travel Outside the U.S.
>
>If you plan to leave the U.S. to go to any other country, including Canada
>or Mexico, before a decision is made on your application, contact your local
>INS office.  Leaving the U.S. without advance written permission may result
>in automatic termination of your application.        You may also experience
>difficulty upon returning to the U.S. if you do not have written permission
>to reenter.

You need advance parole to re-enter U.S., even if you only travel to Canada
and Mexico (since you should have turned in your I-94 in final immigration
interview, therefore you need advance parole to re-enter U.S. from Canada or
Mexico).

Per U.S. Immigration Law, once you visit INS and sign on your I-89 (even
before this, i.e., once you file your Form I-485 with INS), you can apply
advance parole with your INS receipt of the application package.  And you
may also apply for work permit with the same INS receipt (how important the
INS receipt is!).

For those who are now in the Deferred Enforced Departure status or whose
visa status will expire on Jan. 1, 1994, they shouldn't worry.  For anyone,
who has a DED, H-1, F-1, J-1 or other visa status, once his/her I-485 is
filed, you are granted "temporary resident status" and entitled to stay and
work in the U.S. until a decision is made on his/her application (i.e., the
advance parole and work permit mentioned above).

----------------------------------------------------------------------------
3. Discussion with Justice Department on Several Pending CSPA Issues
   -- News Release 004 of the National Council on Chinese Affairs ...... 100
----------------------------------------------------------------------------
>From: [email-masked]   Date: 19 Jun 1993 04:39:30

           NATIONAL COUNCIL ON CHINESE AFFAIRS NEWSW RELEASE 004

        FROM:       DR. HAICHING ZHAO
                    PRESIDENT, NATIONAL COUNCIL ON CHINESE AFFAIRS
        DATE:       JUNE 18, 1993
        RE:         CHINESE STUDENT PROTECTION ACT

        Yesterday, we had a meeting with the Assistant to the Attorney
General and Acting Director of the office of policy development, basically
top level Justice Department people in charge of the implementation of the
Chinese Student Protection Act.  The informed us that they were still
working on the regulations.  The meeting was held so that they could hear
our concerns before the regulations are finalized.  Laura Reiff of Baker &
McKenzie participated in the meeting.  Elaine Budd of Davis & Gramm and
Carolyn Bartholomew of Congresswoman Pelosi's office were also present.
Following is a brief synopsis of our meeting.

        Currently, we have found little support in the related agencies for
our argument that the CSPA allows for a borrowing against future worldwide
quotas so that everyone, both principals and dependents, can all apply and
get their status adjusted immediately.  As a consequence, only 45,000 visa
numbers are expected to be available this year which means that some
eligible for adjustment will have to wait two to three years before
additional visa numbers become available.

        We raised the issue of the worldwide quota again with the Justice
Department.  They asked for our legal analysis and said they would review
the issue one more time.  Given that the worldwide quota issue is not
resolved, they indicated that the order in which individuals will quality
for a visa number is by priority date.  However, a priority date may not be
established until your case is approved.

        Our major concern at this time is the treatment of family members
who came after April 11, 1990.  We oppose efforts to subject family members
to the country quota as the quota would back up very quickly and it would
take years and years before many family members would be able to apply for
adjustment. We raised this issue strongly a the meeting urging that the
regulations provide that spouses and dependent children should be able to
apply at the same time as the principal.  If the Regulations do not allow
this, at the very least, we asked that family members be protected until
they can adjust.  We also asked that benefits similar to those provided
under the Executive Order (work authorization, travel document etc.) be
provided for family members until they can adjust.  At this point, our
understanding is that at least family members in the U.S. will be protected.
But whether they will keep dependents under the country quota or allow them
to apply with the principal is unresolved.

        The Justice Department officials promised to seriously look into
this issue and give it a favorable interpretation if they can. In order to
emphasize the importance of this, after the meeting, we sent a letter which
presented our arguments in written form.

        We also asked that case-by-case consideration be given to individuals
who were involuntarily detained in China for more than 90 days.  This would
help those that were unable to secure the necessary documentation from the
Chinese government before 90 days had passed.  The response from the Justice
Department on this issue was positive and they will take this into
consideration.

        We also asked about prior admissions regarding Communist Party
membership.  It is known that many people denied affiliation with the
Communist Party or its organs upon their initial entrance to the U.S.  You
will once again be asked this question on your adjustment application.  YOU
SHOULD ANSWER TRUTHFULLY.  It is our understanding that a "Yes" answer will
not adversely affect your application even if this contradicts earlier
statements.  However, if you now make fraudulent statements on your
adjustment application, you could jeopardize your ability to adjust.

        We asked for a clarification regarding the required production of a
birth certificate.  We explained that many eligible Chinese nationals do not
have a birth certificate and not many could get one.  They told us that the
regulations will contain a provision allowing use of secondary evidence of
birth (passport, college diploma, affidavits).  In addition, you will not
need to prove that a birth certificate is not available.

        Finally, adjustment applications will only be accepted by mail.

        Instructions for filing your adjustment application were erroneously
published in the Federal Register yesterday.  We have spoken with INS General
Counsel regarding these instructions. He said they  were not authorized to be
released by his office or by the Justice Department.  They should have been
published following the formal publication of the Regulations not before.
It is important that you understand that these are not the implementing
regulations.  The Regulations have the force of law. The instructions are
merely administrative.  Still, the items addressed in the instructions are
basically correct.  If changes are made, they will be minor.

        We understand that old draft copies of the Regulations have been
released to various newspapers and other organizations. These are by no means
final and should absolutely not be relied upon at this time.  The regulations
are not yet final.  INS and the Justice Department are still carrying on
discussions with regard to specific issues, particularly the family issue.

        We expect that the regulations will be completed soon and should be
issued next week.  We will continue to keep you informed of any new
developments.

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