Subject: CND-US CSPA Information Exchange Package (XIII), June 24, 1993

From: [email-masked]
Date: Thu, 24 Jun 1993 01:14:14 -0500

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

                               (US Regional)

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

                         Thursday, June 24, 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 (XII) for more info/full picture of CSPA.
                Many questions have been answered and/or discussed in the
                previous issues.

                Errors found in previous packages are usually corrected in
                the discussions in the later issues.

                Back issues of CND-US CSPA Packages and related info are
                available from CND CSPA InfoBase, by anonymous ftp to CND.ORG
                (IP: 132.249.229.100) directory 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 are UNABLE to answer questions from readers.
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                CSPA = Chinese Student Protection Act of 1992, U.S.A. ]

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

1. A Check List for Filing Form I-485 under CSPA ....................... 110
2. An Example of Filling out Form G-325A ............................... 140
3. An Unauthoritative Analysis:
   Ineligible CSPA Family Members Apply for PR thru Normal Procedure ... 200
4. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 240
   (I-765, Fingerprint Card, Eligibility, EAD, DED, I-485, Birth Cert.)
5. CPCU to Hold Free CSPA Legal Consulting Meeting at MIT ............... 20
============================================================================

----------------------------------------------------------------------------
2. A Check List for Filing Form I-485 under CSPA ....................... 110
----------------------------------------------------------------------------
Compiled by: Bo Xiong, Zuofeng Li, June 22, 1993

[Editor's Note: This list is compiled based on information currently
                available on implementation of CSPA. The list may change
                depending on the final implementation procedure's
                requirements. CND assumes no guaranty on the completeness
                and/or correctness of this list.

                As INS suggested, you shouldn't file until the final
                CSPA Rule is published.

                Please check your application package again when the final
                INS CSPA rule is publisd! ]

EACH qualified applicant in your family should submit his/her own set of
materials (i.e., file separately) to INS for adjusting to U.S. PR status
under CSPA:

1. ___  Form I-485 (Application to Register P.R.), completed;

2. ___  Form I-693 (Medical Exam), sealed in an envelope addressed to the
        INS;

3. ___  Form G-325A (Biographic Information), completed;

4. ___  FD-258 Fingerprint Card (put your A #, if any, in OCA or MNU space);

5. ___  Two (2) ADIT photos. Put your name and A#/SS# on the back of photos;

[NOTE: for 4 and 5, some local INS required 2 and 4 copies respectively, just
       send in whatever are required by your local INS);

6. ___  I-134 (Financial Affidavit), completed;

7. ___  Letter from your employer on official letterhead, stating your
        position and salary;

8. ___  Bank letter, stating your account number, current balance, and
        amount deposited during the past year (banks often cannot furnish
        this info, they usually list average balance of year-to-date instead);

[NOTE: Either one of No.'s 6, 7 and 8 or all of them, may suffice for I-134,
       depending on your situation.]

9. ___  Copy of ALL pages of passport (regardless whether or not it's still
        valid. If you don't have copy of your passport, then attach a note
        to explain why you don't have it, such as lost and haven't obtained
        replacement, etc.  The note of explanation is acceptable);

10. ___ Copy of BOTH SIDES of your last I-94;

11. ___ Statement on whether you were in the U.S. prior to 4/11/90 and have
        been in the U.S. since then.  If not, list all departure/arrival
        dates from/to U.S. since 4/11/90 and give reasons.

12. ___ Statement that you have not been to China between 4/11/90 and
        10/09/92. If you have, list all departure/arrival dates.

[NOTE: For items 11 and 12, see the Draft Additional Instructions for Form
       I-485 carried in 6/18/93's CND-US Info-Exch. Pack. (IX) for details.]

13. ___ A check for the amount of $120 (for each person over 14 years old)
        or $95 (for each child less than 14 years old), payable to U.S. INS.

14. ___ Copy of birth certificate or other equivalent document testifying
        to your date of birth. If original is in Chinese, have it translated
        by a qualified person and have the person sign a notarized letter
        per General Instruction for Form I-485;

        And, if you are an eligible non-PRC family member, you also need to
        submit evidence of your relationship to an eligible PRC national,
        (see Form I-485 Instructions under "Initial Evidence - Evidence of
        eligibility based on your being the spouse of another adjustment
        applicant...").  If all of your family members are PRC citizen, you
        may still choose to enclose these documents in each applicant's
        package, though they are not required in CSPA application;

[The following are not absolutely necessary per the draft of I-485
 Additional Instructions.]

15. ___ Form 9003 (IRS Additional Questions), completed;

16. ___ Copy of your old and current IAP-66, I-20 and H-1B forms, and
        old I-94 forms;

17. ___ Copy of the letter of waiver of your two-year foreign residence
        you received when you changed status from J-1 to another, if any;

18. ___ Form I-765 for application for working permit, this would allow
        the applicant to get a working permit faster than waiting for INS
        receipt, then visit INS for signature and fingerprint on I-89, and
        get the stay and work permit.  If your current H-1/F-1/J-1/Employment
        Authorization Document (EAD card) will be good for a while, I-765
        might be unnecessary.  If you do file I-765, a separate fee of $60
        is required per the instruction of the form.

KEEP A COMPLETE EXTRA PHOTOCOPY OF EVERYTHING YOU EVER SEND OR GIVE TO INS
IN A SAFE PLACE. FILE BY RECEIPTED EXPRESS COURIER SUCH AS EXPRESS MAIL OR
FEDERAL EXPRESS OR MAIL BY CERTIFIED MAIL RETURN RECEIPT REQUESTED WITH
PROOF OF MAILING AND SEND TO THE DESIGNATED INS SERVICE CENTER ADDRESS.

In addition, you may want to prepare the following:

Originals of all submitted documents, past year's Federal Income Tax return,
if filed, or W-2 form from employer, INS may request them, therefore copies
need not to be certified.

Remember, one or more of the above items 9, 10, 16 and 17 are the DIRECT
evidence of YOUR or YOUR FAMILY MEMBER's eligibility for CSPA adjustment.

And, in Form I-134, in "Part 2 block h.__Other," write "CSPA-PRINCIPAL" if
the eligible is a PRC citizen (regarless dependent or not), write "CSPA-
QUALIFIED FAMILY MEMBER" if and only if the eligible applicant is NOT a
PRC citizen. (See CND-US CSPA Packages XI and XII for more info).

For more detail information and the addresses of the four INS regional
service centers, see CND-US CSPA Info Exchange Packages X and XI.

----------------------------------------------------------------------------
2. An Example of Filling out Form G-325A ............................... 140
----------------------------------------------------------------------------
Example Form Filled out by: *****@****.edu  June 23, 1993
Blank Form Typed in by: Zuofeng Li, June 23, 1993

[Editor's Note: This example form is for your reference only, please consult
                your immigration lawyer for authoritative instructions in
                filling out your G-325A.]

Note by *****@****.edu:
----------------------
The following is based on the example distributed by University of Minnesota
CSSA, with slight modifications, as well as additional comments in between
the "{  }"s.
     ^^^^
Generally, the information you provide in G-325A should be consistent with
that in your Form I-485 as well as in your U.S. entry visa application form.

Individually eligible members of your family must file separately, i.e., one
Form I-485, one Form G-325A plus supporting materials per eligible person.

                         U.S. Department of Justice
                   Immigration and Naturalization Service
                         Form G-325A (Rev. 10-1-82)
                           BIOGRAPHIC INFORMATION
                             OMB No. 1115-0066

(Family Name)                 (First Name)                  (Middle Initial)
    ZHAO                          WAN                              /

_X_ Male  ___ Female

Birthdate(Mo-Day-Yr)          Nationality                   File Number A.
  02/14/1965                  P.R. CHINA        {Leave it blank if no A#
                                                since it doesn't say "if any"}

All Other Names Used (Including names by previous marriages)
    ZHAO, QIAN

City and Country of Birth                   Social Security Number (If any)
BEIJING, P.R. CHINA                              470-25-1234

Father: Family Name    First Name      Date, City and Country of Birth
           ZHAO          YI-MI         01/11/1931, BEIJING, P.R. CHINA
City and Country of Residence
    BEIJING, P.R. CHINA

Father: Family Name    First Name      Date, City and Country of Birth
            LU            MIAO         05/06/1935, SHANGHAI, P.R. CHINA
City and Country of Residence
    BEIJING, P.R. CHINA

Husband or Wife (if none, so state):

Family Name      First Name      Birthdate      City and Country of Birth
   LIU              HUA          01/26/1968         BEIJING, P.R. CHINA
Date of Marriage    Place of Marriage
    06/10/1988      BEIJING, P.R. CHINA

Former Husbands or Wives (if none, so state):  NONE
 {You should truthfully answer this question, or your spouse's eligibility
  may be affected in the future if he/she is unale to apply under CSPA}

Family Name      First Name      Birthdate      City and Country of Birth
 NONE
Date and Place of Marriage      Date and Place of Termination of Marriage
 NONE

APPLICANT's RESIDENCE LAST FIVE YEARS, LIST PRESENT ADDRESS FIRST.
{You should put in real address, avoid using P.O. Box which is not residence,
 the same for your Form I-485, you should not to use P.B. Box there}

Street and Number      City      Province or State      Country
3051 28TH ST., APT.8  MINNEAPOLIS     MN                 U.S.A.
50 85TH ST. APT.D     NEW YORK        NY                 U.S.A.
5-10 BUILDING, XIANWU ST. BEIJING                     P.R. CHINA

.From: Month    Year              To: Month    Year
       05       91                   PRESENT TIME
       09       88                     05      91
       09       86                     09      88

APPLICANT'S LAST ADDRESS OUTSIDE THE UNITED STATES OF MORE THAN ONE YEAR.

Street and Number      City      Province or State      Country
5-10 BUILDING, XIANWU ST. BEIJING                     P.R. CHINA

.From: Month    Year              To: Month    Year
       09       86                     09      88

APPLICANT's EMPLOYMENT LAST FIVE YEARS. (IF NONE, SO STATE). LIST PRESENT
EMPLOYMENT FIRST
{TA/RA/GA/STUDENT WORKER/RESTURANT WORKER are of employment, if your employer
 issued you a Form W-2, regardless the amount, even it's zero, it's still
 reportable to IRS}

Full name and address of employer                 Occupation (Specify)
DEPT. OF ART, UNIVERSITY OF MN                    RESEARCH ASSISTANT
INSTITUTE OF ART, BEIJING, P.R. CHINA                 PAINTER

>From: Month    Year              To: Month    Year
       05       91                  PRESENT TIME
       03       87                     05      91

Show below last occupation abroad if not shown above. (Include all
information requested above).
{Leave it blank, if you did not have second job at that time}

Full name and address of employer                 Occupation (Specify)

.From: Month    Year              To: Month    Year

THIS FORM IS SUBMITTED IN CONNECTION WITH APPLICATION FOR

___ Naturalization   _X_ Status as Permanent Resident   ___ Other (specify):

Signature of Applicant:                           Date
 {Sign you name here}            {You may use the same date as your I-485}

Are all copies legible?   _X_ Yes
{If you use photocopies of the form and carbon copy sheets, make sure they
 are aligned properly. Note each of the four sheets of the form has different
 footer/sheet number}

If your native alphabet is in other than Roman letters, write your name in
your native alphabet in this space:
{WRITE your name in Chinese charactors}

Penalties: Severe penalties are provided by law for knowingly and willfully
falsifying or concealing a material fact.

APPLICANT: BE SURE TO PUT YOUR NAME AND ALIEN REGISTRATION NUMBER IN THE BOX
OUTLINED BY HEAVY BORDER BELOW.

COMPLETE THIS BOX:

(Family Name)   (First Name)   (Middle Initial)   (Alien Registration Number)
   ZHAO            WAN                /           {Leave it blank if no A#
                                                   since no "if any" }

----------------------------------------------------------------------------
3. An Unauthoritative Analysis:
   Ineligible CSPA Family Members Apply for PR thru Normal Procedure ... 200
----------------------------------------------------------------------------
>From: ***@****.edu  June 23, 1993

There have been messages posted on the network, pointing out that little
has been discussed in terms of what can be done for those ineligible CSPA
family members, now that it seems certain that INS will not allow them to
apply for U.S. PR along with their eligible family members.

It is a tough issue, however, there should be a little relief when you
see the IFCSS News Release No.4147 on June 22:

"Late-arriving dependents will be allowed continued legal status in the U.S.
and will be issued work permits. However, they are not allowed to apply for
PR with the principal applicants."

Who are ineligible for direct CSPA benefits?  For short, those family members
who came to U.S. after April 11, 1990.

If any of your family members is not a PRC citizen, the relationship with you
must be established BEFORE April 12, 1990 (yes, April 12) and still exists
according to the detail CSPA Q&A in CND-US CSPA Package VII (this requirement
is not imposed on PRC citizens).

A side note: you should enter their names in your I-485 Part 3 Section B
and check "NO" for the question "Applying with you", when you file CSPA
application for yourself. And you might want to enlose your marriage
certificate and evidence of relationship with you (see I-485 General
Instruction) in YOUR application package, though those are not required in
CSPA application (if they are PRC citizen).  Doing so would get yourself a
peaceful mind on the matter and may be helpful for their later application.

Besides continued effort by CSS/IFCSS bargaining with U.S. government, what
can be done for them by yourself?

If you have paid close attention to the following message originally from
INS, you will know something.  Let's read on (you can skip those cryptical
INS codes while reading) and the discussion follows the excerpt.

     An Excerpt from CND-US Information Exchange (VII), June 11:
     ---------------------------------------------------------------------
     From Congress Representative George W. Gekas's Office (Dist. 17, PA)
     Information Sheet for Chinese Student Protection Act
     Detail Questions and Answers on Chinese Student Protection Act
     ---------------------------------------------------------------------
     Typed in and Forwarded by: Huijie, June 11, 1993

     a) ... ...
     Similarly, a spouse or child who was not in the U.S. during the period
     on or after June 5, 1989, up to an including April 11, 1990, would not
     qualify for the benefits of the CSPA (unless they would have been
     present in the U.S. during the qualifying period but for a brief,
     casual, and innocent departure from the U.S.)

     However, section 203 (d) of the Act provides:

          A spouse or child as defined in subparagraph (A), (B), (C), (D),
          or (E) of section 101 (b)(1) shall, if not otherwise entitled to
          an immigrant status and the immediate issuance of a visa under
          subsection (a), (b), or (c), be entitled to the same status, and
          the same order of consideration provided in the respective
          subsection, if accompanying or following to join, the spouse or
          parent.

     Since the PRC principal is deemed to have had a petition approved under
     section 204 (a) of the Act for classification under section 203
     (b)(3)(A)(i) of the Act, the spouse and/or children would be eligible
     to derive this classification.  This would apply to any spouse and/or
     children acquired before the date the principal adjusted status, even
     if the spouse and/or children are not eligible to be covered under the
     E.O. and/or the CSPA.

     The non-CSPA spouse and/or children would therefore become eligible for
     derivative immigrant visa issuance abroad or adjustment of status in
     the U.S. if they meet all the requirements of section 245 of the Act
     when the PRC principal's priority date becomes current under section
     203 (b)(3) (A)(i) of the Act.  The non-CSPA spouse and/or children
     would be subject to both the worldwide and per country limitations.
     They do not directly benefit from any of the special exemptions of the
     CSPA.

     Neither the E.O. nor the CSPA place limitations upon where the marriage
     creating the relationship took place.  Therefore, the place of marriage
     would not affect eligibility for adjustment of status under the CSPA.
     ... ...

     b)
     May the spouse and/or children derive any benefit from this act if they
     are not in the United States?  The spouse and/or children who are not
     in the United States may not derive benefits directly from the CSPA.

     However, as stated above, section 203 (d) of the Act provided:

          A spouse or child as defined in subparagraph (A), (B), (C), (D),
          or (E) of section 101 (b)(1) shall, if not otherwise entitled to
          an immigrant status and the immediate issuance of a visa under
          subsection (a), (b), or (c), be entitled to the same status, and
          the same order of consideration provided in the respective
          subsection, if accompanying or following to join, the spouse or
          parent.

     Since the PRC principal is deemed to have had a petition approved under
     section 204 (a) of the Act for classification under section 203
     (b)(3)(A)(i) of the Act, the spouse and/or children would be eligible
     to derive this classification.  This provision of section 203 (d) of
     the Act would apply to any spouse and/or children acquired before the
     date the principal adjusted status, even if the spouse and/or children
     are not eligible to be covered under the E.O. and/or the CSPA.

     The spouse and/or children would therefore become eligible for
     derivative immigrant visa issuance abroad (or adjustment of status in
     the U.S. if they met all the requirements of section 245 of the Act)
     when the PRC principal's priority date becomes current under section
     203 (b)(3)(A)(i) of the Act.  The non-CSPA spouse and/or children would
     be subject to both the worldwide and the per country quota limitations.

     Since no I-140 visa petition is filed to establish the PRC principal's
     priority date, the Service will consider the priority date to be
     established on the date when the PRC principal properly files the
     application for adjustment of status.

     The principal also may, after adjustment, wish to file a family-
     sponsored preference petition on behalf of a spouse or a child who was
     not eligible for CSPA adjustment.  The spouse or child could then be
     issued an immigrant visa or granted adjustment of status in either the
     employment-based category or the family-sponsored category, dependent
     upon which visa number first becomes available.  A lawful permanent
     resident may also file a family-sponsored preference petition on behalf
     of an unmarried adult son or unmarried adult daughter, even though
     adult son or daughters can benefit from neither derivative CSPA
     benefits nor the provisions of section 203 (d) of the Act.
     (End of the excerpt)

Let's neglect those INS codes to ease our discussion.

1. What does above a) mean?

It specifies the immigration benefits for those ineligible CSPA family members
who ARE in the United States:

Once a principal family member files for PR under CSPA and he/she gets into
the estimated 40,000 some left-over quota queue by October 1, 1993, i.e., his/
her priority date becomes current, he/she may immediately file a petition for
derivative immigrant visa issuance or adjustment of status for his/her family
members in the U.S. (accompanying or following to join the spouse or parent).

2. What does above b) say?

It tells you the entitlements of your ineligible CSPA family members who are
NOT in the United States:

Once a principal family member PROPERLY files for PR under CSPA, his/her
family members (not in U.S.) will have the SAME priority date as him/her.
He/she may immediately file a petition for derivative immigrant visa issuance
to family members ABROAD, or adjustment of status for his/her family members
in the U.S. (if they manage to lawfully enter U.S. before adjustment).

Sounds too good to be true?  There is a catch for both 1. and 2. above:

All the family members (accompanying or following to join the spouse or parent)
will be subject to both the worldwide and the per country quota limitations.

Another option is, as the INS indicates,

     The principal also may, after adjustment, wish to file a family-
     sponsored preference petition on behalf of a spouse or a child who was
     not eligible for CSPA adjustment.  The spouse or child could then be
     issued an immigrant visa or granted adjustment of status in either the
     employment-based category or the family-sponsored category, dependent
     upon which visa number first becomes available.  A lawful permanent
     resident may also file a family-sponsored preference petition on behalf
     of an unmarried adult son or unmarried adult daughter, even though
     adult son or daughters can benefit from neither derivative CSPA
     benefits nor the provisions of section 203 (d) of the Act.

Since CSPA beneficiaries are categoried into employment-based preferences,
they may apply U.S. PR via the employment-based preferences (2nd or 3rd).

But most probably INS will NOT allow them to stay in the regular employment-
based visa queue, instead, they will probably put into the same CSPA queue,
i.e., the left-over of world-wide employment-based quota and/or the 1,000
deduction from China's annual quota in each fiscal year.

On the other hand, if one has entered the FINAL stage of adjustment in normal
procedure (e.g., received approved Form I-140 from INS, or has scheduled final
interview in next 8 months or so), he/she might be able to get the ineligible
CSPA dependents adjusted WITH him/her in the normal procedure (but for him/her
self, he/she would possibly get greencard quicker if filing under CSPA. Once
the principal enters CSPA, the dependents most probably can't use regular
employment-based quota).

BTW, the INS draft of additional I-485 instruction does not require those who
have been normal procedure to withdraw when filing for CSPA adjustment. But
you should indicate that you filed for another category in the form I-485.

The current waiting time for those categories:

For Family-Based Preference 2A (i.e. Spouses and children of permanent
residents) is about two year four months for PRCers.

For employment-Based Preference (2nd or 3rd preference), the waiting time is
between eight and twelve months (regular employment-based visa queue).

As the CSPA implements, the back log for those categories will be much longer.

This is only a brief analysis, if you have further questions, you should ask
an immigration lawyer for more details.

----------------------------------------------------------------------------
4. Some CSPA-Related Questions and Answers and Discussions from/by CSS . 240
   (I-765, Fingerprint Card, Eligibility, EAD, DED, I-485, Birth Cert.)
----------------------------------------------------------------------------
Source: Messages posted to various CSS related mailing lists/networks
Collected and Compiled by: Bo Xiong, 6/24/93

[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 (XII) for more info/full picture of CSPA.
                Many questions have been answered and/or discussed in the
                previous issues.]
--- --- ---

Q: From: [email-masked] June 22
   I have a friend, whose I-20 was mistyped by the foreign student advisor.
   It looks like this: The student is expected to report to the school not
   later than 8/19/91 and complete studies no later than 8/31/93. The normal
   length of study is five year.
   Apparently, the length between the dates is only 2 years! She is now
   applying for an extension to 5/31/96. Now which date should she fill
   into the visa expiration line of form I-485?

A: From: ****@****.edu June 22
   She should use the five year later as date, and she should be able to get
   a new one from the FSA, but might not necessary, since I-20 is not a must
   to file I-485, so long as her FSA knows what's right.

--- --- ---

Q: From: "H. JIANG" <[email-masked]> Tue, 22 Jun 1993
   My friend is qualified for the Green Card application under CSPA, but her
   husband came after 4/11/90 and his visa (B-2) expired a month ago. Can he
   apply for Green Card with my friend as a dependent?

A: From: ****@****.edu June 22
   No, even if he had not fallen out of status, he is not.  Now he is out
   of legal status and they need to wait final INS CSPA rule to see whether
   or not he qualifies as "late-arrival dependent".

--- --- ---

Q: From: Qingwang Hao <[email-masked]> Tue, 22 Jun 1993
   On fingerprint form, should I write my school and dept. under "Employer
   and Address" or leave it empty? What to put under "Reason Fingerprinted"?

A: From: ****@****.edu June 22
   No, the address is the agent's that takes your fingerprint, see the
   instruction of the form.  The "Reason" is immigration.

--- --- ---

>From: Lin Shi <[email-masked]> Date: Wed, 23 Jun 1993

Q: On my fingerprint chart form, these is no stamp of any INS office,
   These is only the address on it: USINS, southern service center, Dallas,
   TX XXXXX, something like that. Do you think I need to go to INS again to
   get a stamp (I received my application forms by mail from eastern service
   center).

A: That is what others call the stamp of INS. The address stamp on your card
   is the southern regional office, one of the four locations for CSPA filing.
   If you live in FL, then this office is where you file, so the card should be
   right. Why did the eastern service center sent you a card with the southern
   service center's address stamp? May be they judged from your address that
   you need a card for Dallas INS.

Q: I ran out of space while filling last addresses in form G-325A, should I
   attach a paper? But it has three carbon copies with it. Should I attach
   four copies of paper, or add another G-325A?

A: If you do have another G-325A, attach it.

Q: The fingerprint form FD-258: what should I write in the blanks
        1). Your No. OCA
        2). FBI No.  FBI
        3). Armed Force No. MNU
        4). Miscellaneous No. MNU
   Should I just leave them blank, or write N/A?

A: Leave blank.

Q. I have another question for you. Currently I am holding a H-1 visa which
   is going to expire on Aug. 31, 1993. When I apply the CSPA, should I also
   apply for the renewal of my H-1 as well? Is it allowed to apply both at
   the same time? If I don't apply the H-1, I worry that if INS does not
   process fast enough, I may not have the work permit after August.

A: No, you do not need to renew H-1. Regular employment-based immigration
   procedure goes like this: From the day you file an I-485, you surrender
   your I-94 and lose any visa status you currently have. Your status becomes
   something like adjustment pending status. If your employer requires a
   continued work permit, you are entitled to apply for an Employment
   Authorization Card with Form I-765 (fee $60 or 75) on the day you file
   I-485 (or upon receiving of the receipt the INS regional office mails you).

Q: I have questions when I fill form I-765:
   Which one I should fill in for the following:
          I am applying for
          permission to accept employment
          replacement
          extension of my permission to accept employment?

A: Permission to accept employment.

2. In item #16 (I-765) ...In the space below, place the number of the box you
   selected on the reverse side:
   Eligibility under 8 CFR 27a.12
    (  )  (  )  (  ).
   Do you know what are the numbers that we should fill in for CSPA?

A: Read the choice on page 3 of the form. Pick the one saying something like
   an adjustment application (I-485) has been filed and is pending.

--- --- ---

Q: From: Peng-Cheng Shi <[email-masked]> Tue, 22 Jun 1993
   I have some questions about how to fill the fingerprint form.
   1) "Residence of person fingerprinted": does this mean I should put
   down my home address, or my residency country(China)?
   2) The blanks of the "Sex  Race  HGT  WGT  Eyes  Hair" line are
   so narrow, I figure we must use abbreviation instead of the full
   words. But what is the abbreviation for Asian, Brown, and Black?

A: From: *****@*****.edu  June 23
   1) Residence is your address.
   2) This should be filled out by the the person who takes your fingerprints.
      Example: Sex: M, Race: A, HGT: 510, WGT: 174, Eyes: BRN, Hair: BK.
      Simply check your drive license.

 --- --- ---

Q: From ****@***.njit.edu Wed Jun 23 10:08 CDT 1993
   1) I applied for "Employment Authorization" in 1990 and got it, what is
   my current INS status, F-1 or DED?
   2) In part 3, it asks me the "city of birth". If I put the city name there,
   it would be different from what on my passport (because it is the province
   of my birth). What should I put there?

A: From: ****@****.edu June 23
   1) EAD doesn't mean you are out of status, if you have been a student, then
   you are still F-1.
   2) Now that a copy of passport can be used as birth certificate, you can
   fill the I-485 with your passport birthplace and only use passport as
   birth certificate.

--- --- ---

Q: From: [email-masked]  June 23
   I have a question. When I applied Medicaid for my son (born in U.S.A.),
   they issued me a Medicaid benefit card too even thou I didn't
   apply for myself. Anyway I had never used a penny of it.
   The account is already closed. Should I answer "Yes" to the question
   "Have you ever received public assistance"?

A: From: ***@****.edu  June 23
   Answer is NO, since it's your son who received it.  If he files under
   CSPA, he needs to fill it out in I-485, but he doesn't need to file.

--- --- ---

Q: From  [email-masked] Wed Jun 23 11:44 CDT 1993
   I did find a number in my waiver letter reading like this: LIN 1234567890,
   same as the receipt number on my my H-1b approval notice. Dose anyone know
   this  can be used as A#?

A: From: ****@****.edu June 22
   No, "LIN ######" is the job number assigned/processed by INS Lincoln, NE
   service center.

--- --- ---

Q: From [email-masked] Wed Jun 23 12:54 CDT 1993
   A friend of mine came to the U.S. before April, 1990 on an L-1 visa. Later
   he joined his family and applied to stay and work under the presidential
   directive.
   The questions are:
   1. Is a former L-1 holder eligible for CSPA?
   2. While he was an L-1 holder, he was sent back to China twice on
   business, totaling a few days over the 90-days cut-line. Can he be
   excused as his trips are involuntary and innocent?

A: From: *****@****.edu  June 23
   1. Yes, unless he otherwise ineligible.
   2. INS draft rule says if "longer than 90 days in PRC", but doesn't say
   it's accumulative or just for one trip, most probably he is not eligible
   unless he proves that it's not his intention to stay longer than 90s.

--- --- ---

Q: From: [email-masked] June 23
   I have a question about DATE OF LAST ARRIVAL. My son came U.S. on April 5,
   1990, with my wife in same plain. I found in his I-94 the stamp show "April
   4, 1990 arrival", same as the stamp in his passport. But my wife's arrival
   day is correct, April 5, 1990. What day should be written on his I-485?

A: From: ***@****.edu  June 23
   Two ways:  1.  Use the info as it is, this should be no trouble since they
                  HAVE to file separately.
              2.  Add a note to I-485 to explain.

--- --- ---

Q: From [email-masked] Wed Jun 23 13:44 CDT 1993
   My friend took her medical exam at Wisconsin. But before July 1, she will
   arrive in Boston for her new position. It is best for her to apply in
   Boston to Vermont INS branch. The question, then, is her medical exam
   result from Wisconsin still could be used in Boston or she has to
   have another Medical Examination here in Bostion, instead? Thanks again.

A: From: ****@****.edu June 23
   Three ways: 1. File from Wisconsin, and go back there sign greencard.
               2. File from WI, when received INS notice, contact INS to
                  change the place of final greencard sign up.
               3. File in Boston with a local medical exam.

--- --- ---

>From: Lin Shi <[email-masked]> Wed, 23 Jun 1993 21:39:14

Q: My parents divorced many years ago and both of them remarried.
   I live with my mother from the very beginning. How should I
   provide this information to INS? (On my birth certificate, my
   father's name is displayed. However, I do not even know where
   he is now. Should I use my step-father's information on the
   forms?)

A: I have reconfirmed this with the immigration specialist on our
   campus. You definitely should fill in your biological father's
   name---the INS wants only the blood relatives' info on G-325A.
   Since you do not have any info other than his name which con-
   sistently appears on your birth cert., you can leave his "birth
   date & place (if known)" blank while put "unknown" for his
   present "place of residence."

----------------------------------------------------------------------------
5. CPCU to Hold Free CSPA Legal Consulting Meeting at MIT ............... 20
----------------------------------------------------------------------------
>From: ZHENGRONG ZHU <[email-masked]> Date: Wed, 23 Jun 1993 22:52:32

                CPCU Offers Free Legal Service On CSPA

Every Chinese fellows in New England Area:

To serve those Chinese fellows who are covered by CSPA but have not bought
lawyer for their application, CPCU will hold a free legal consulting seminar
at MIT, 54-100(building 54, room 100) on June 26, Sat., 1993. Mr. Adam Green,
a lawyer of the law firm Sullivan At Worcester, and his two fellows, will give
a consulting of how to fill out the application forms and will address
the questions raised by audience. We suggest all audience bring your forms
with you and prepare a list of your key questions to ask the lawyers. Free
entry but donation is welcome.

Place: MIT 54-100 (Tallest building of MIT), Room 100

Time:  2:00pm, June 26, 1993, Sat.

Host:  CPCU (Chinese Professionals Club In USA Inc.)

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