Subject: CND-US CSPA Information Exchange Package (XIV), June 26, 1993

From: [email-masked]
Date: Sat, 26 Jun 1993 02:38:21 -0500

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

                               (US Regional)

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

                         Saturday, June 26, 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 (XIII) 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 (XIV): About Preparing to Apply for U.S. PR Under CSPA

1. INS Urges Not to File CSPA Applications Before the Rule Is Published . 30
2. Supplement to "An Example of Filling out Form G-325A" ................ 45
3. CSPA Application: About I-94, DED and Notarization of Documents:
   Two Memo's from Indiana University Office of International Services .. 70
4. Chinese Government Urges U.S. Not to Implement CSPA;
   Dept. of Justice Passes CSPA Implementation Regulation Draft, Now
   Waiting for the Approval of Office of Management and Budget .......... 60
5. Detail Q&A on INS Draft of Additional Instruction of Form I-485
   (NAFSA Update No.216: Information for PRC Nationals on CSPA) ........ 345
6. Zhao Haiching Meets White House Officials on CSPA Regulations;
   Background Information on Ineligible Dependents and Quota Issues .... 125
7. A Summary of the Information on Immigration/CSPA Lawyers (2 Items) ... 40
============================================================================

----------------------------------------------------------------------------
1. INS Urges Not to File CSPA Applications Before the Rule Is Published . 30
----------------------------------------------------------------------------
>From: "Ying Q. Ji" <[email-masked]> Fri, 25 Jun 1993 23:23:54
Subject: Dr. Zhao Haiching: Official Filing Date
Abridged by CND-US

>From: 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.

DO NOT MAIL APPLICATIONS PRIOR TO FEDERAL REGISTER PUBLICATION

FC-002 (6-93)
End of Justice Dept message

----------------------------------------------------------------------------
2. Supplement to "An Example of Filling out Form G-325A" ................ 45
----------------------------------------------------------------------------
>From: ****@****.edu  June 26, 1993

[Editor's Note: A reader pointed out in his letter to editor, in the samples
          of I-485 in CND-US CSPA Package XI and G-325A in CSPA Package
          XIII, University of Minnesota CSSA was mentioned, actually it
          should be Univ. of Minnesota FACSS (of Mainland students).]

Q: I have a question about G-325A form. In the block "Applicant's employment
   last five years", I filled all my previous TAs and RAs in the states, but
   not in China, cause I was a pure student back then. But in the line below,
   it says "show last occupation abroad if not shown above", Does this
   occupation also includes student?  Or just real employment.  Should I put
   my student occupation there, or leave it blank, or doesn't matter each way?

A: Yes, it includes student and employment in both U.S. and China. If you have
   stayed in U.S. less than five years, your last occupation in China will be
   entered in the slot "Applicant's employment last five years", and you may
   leave the slot "show last occupation abroad if not shown above" blank.

   If you stayed in U.S. more than five years, then you will have to fill in
   the slot "show last occupation abroad if not shown above" with pertinent
   information (e.g., student, your job or leave it blank/write N/A or put a
   slash there).

   My note for "show last occupation abroad if not shown above" was "{Leave it
   blank, if you did not have second job at that time}", it might be good for
   that particular situation only and shouldn't be a general comment.

Q: My father died several years ago.  How to file the data for him in Form
   G-325A? How to answer the "CITY AND COUNTERY OF RESIDENCE"? In addition,
   Are our eyes are black or brown?

A: You still need to fill in his name etc., however, write deceased in "CITY
   OF COUNTERY OF RESIDENCE" entry.

Q: Question concerning the G-325A form. I got one from San Antonio and the
   form number is "Form G-325 (Rev. 10-1-82) Y". The content is the same but
   it only has two pages.  I wander if it is the correct form or not.

A: If it's distributed by your local INS, you should be able to use it, but
   add two photocopies since G-325A has four identical carbon copy sheets.

----------------------------------------------------------------------------
3. CSPA Application: About I-94, DED and Notarization of Documents:
   Two Memo's from Indiana University Office of International Services .. 70
----------------------------------------------------------------------------
>From: Office of International Services, Indiana University, 06/22/93
Subject: CSPA INFO FROM INTERNATIONAL SERVICES
Forwarded by: Bo Xiong

To All Chinese Students at IU:
Concerning some of the issues raised at the June 17 meeting in the
International Center, we want to stress several points.

     1)  Please remember that the CSPA work that we do is ADDED to our
regular work load.  We need 2-3 working-days to make copies.  We are short
staffed during the summer but will do our best to accommodate the LEGITIMATE
needs of students.

     2)  It is not yet clear that students will be required to file copies of
all I-94s if proof exists that would verify the same thing elsewhere (ie dates
on entry visas and I-20s, etc.), and waiting is still advisable.  But if you
feel you MUST have a copy of your I-94 immediately, please submit your name,
student number and a written request stating documents you have and those
requested from your file, and we will try to have copies in 2-3 working days.

     3)  If you are in DED status, you will not have an I-94 card.  Your
letter showing DED status which you received from the service proves your
eligibility to apply under the CSPA.

     4)  We have always had a policy that students should pay for photocopies
that they want for personal use, although we have not enforced this rigorously
in the past.  With the amount of photocopying that will have to be done for
the CSPA, we will have to ask you to pay for copies at the normal rate of 5
cents per copy.

     5)  Please note that translations of Chinese document do not need to be
notarized.  The translator's statement that we described in our earlier email
message is sufficient.  Only I-134 (Affidavit of Support) and other sworn
affidavits need be notarized.  With the bulk of documents at this point, we
will try to arrange specific times during which documents can be notarized.
We will get these times out as soon as possible.

                              --- --- ---

>From: Office of International Services, Indiana University, 06/23/93
Subject: UPDATE INFO ON NOTARY PUBLICS

     The Notary Public for OIS will be on vacation from June 28-July 6 (from
next Monday until after the 4th of July holiday).  During this period, we
suggest contacting a Notary at one of the following locations:

     1) For members of the IU Credit Union, in one of their offices.

     2) At the Indiana Memorial Union Activities Center desk. (Hours will
     vary.  Contact for more information.)

     3) Many departments around campus have designated Notary Publics.
     Contact your administrative Assistant or Secretary.

     4) In the Bloomington phone book under Notary Public in the Yellow Pages
     there are several Notaries listed.  We assume that these charge for
     their services, but these might be best if you have many copies.

Most Notaries provide their services free to clients of their institution.
They may charge for large numbers of copies.

     The Notary Public in the Office of International Services will be
available this week (June 24-25) to notarize signatures in the mornings from
9-10 in Franklin Hall 306.  The notarized documents will be ready by Monday
morning.

----------------------------------------------------------------------------
4. Chinese Government Urges U.S. Not to Implement CSPA;
   Dept. of Justice Passes CSPA Implementation Regulation Draft, Now
   Waiting for the Approval of Office of Management and Budget .......... 60
----------------------------------------------------------------------------
>From: Yisheng Zheng <[email-masked]> Thu, 24 Jun 1993
Re-compiled by: Bo Xiong

Chinese Newspaper "World Journal" Reported Thursday, June 24, 1993:

1. China Urges US not to implement CSPA: (Abstract)

Speaking through an interview with Xinhua News Agency, China's State
Education Committee urges U.S. Government not to implement CSPA.  The
interviewed ranking officer believes that the implementation will damage
education exchanges between the two countries and is a serious step on
the U.S. part to lure these Chinese talents.  He also comment that it is
completely groundless to say CSS will face danger if they go back to China.
He added, no matter what they did against the government, regardless what's
their political view in the past, as long as they obey PRC laws now, they
are welcome to come back.

However, the spokesman for the Chinese Education Commission expresses
understanding for most students' intention.  He believed that most students
seek Green Card because they want to preserve their life styles in the United
States.  He reportedly claimed that the Chinese Government will do whatever
it takes to allow all Chinese Students who return to their motherland to
preserve their life style.

The Spokesman says that the so-called "political persecution" in nonsense
and every student is safe to return.  The claim that Chinese Government will
harass these foreign educated talents is absurd, he says.

                               --- --- ---

Chinese Newspaper "World Journal" reports Thursday, June 24, 1993:

Some Applicants Might Get Their GC by October:
Department of Justice Passes CSPA Implementation Regulation Draft

According to US Department of Justice, the implementation regulation draft
was passed yesterday by the Justice Department and INS and is now waiting
for the Approval of White House's Office of Management and Budget.

According to the draft, the number of applications can be approved this
budget year is still restricted by the Third Priority quota limit.  The
drafted, regulation is subject to changes in the implementation process.

(All details here are omitted............)

INS spokesman said that a group of computer science students in California
had called the INS HQ to voice their opposition to the implementation of the
CSPA law.  These students are not covered by CSPA.  They claimed that the
situation in China is much different from three years ago, anyone from USA is
safe to return. Other oppositions are from other nationals who worry that the
Chinese students might take up other countries' quota and make them wait even
long to get their green cards.

(For full text of the stories, please read the World Journal)

Translated and Forwarded by Yisheng Zheng, Ohio State University

----------------------------------------------------------------------------
5. Detail Q&A on INS Draft of Additional Instruction of Form I-485
   (NAFSA Update No.216: Information for PRC Nationals on CSPA) ........ 345
----------------------------------------------------------------------------
>From: AmyY, NAFSA Central Office, Fri, 25 Jun 1993
Subject:      NAFSA Update No. 214
RE:   Q & A on the Chinese Student Protection Act (NAFSA Update No. 214)
Forwarded by: Zuofeng Li

INFORMATION FOR PRC NATIONALS ON THE CHINESE STUDENT PROTECTION ACT

The following Q & A on the Chinese Student Protection Act was prepared
jointly by the American Immigration Lawyers Association and NAFSA:
Association of International Educators.  This document, issued on June 25,
1993 prior to the publication of regulations, represents our current
understanding of the CSPA.  ONLY WHEN INS PUBLISHES REGULATIONS,
ESTABLISHING THE REQUIREMENTS AND PROCEDURES TO APPLY UNDER THE CSPA, WILL
THERE BE DEFINITIVE INFORMATION.  This Q & A is for general information only
and is not meant to constitute legal advice.  If you have any questions, you
should contact a lawyer familiar with immigration law and provisions of the
Chinese Student Protection Act.

1. What is the Chinese Student Protection Act (CSPA)?

The CSPA is a law which permits certain nationals of the People's Republic
of China (PRC) and qualifying dependents to apply for permanent residence.

2.  Who is eligible to apply?

According to INS, the following are eligible to apply:

* Nationals of the PRC who were present in the United States at any time
  between June 5, 1989 and April 11, 1990, and
* who have resided continuously in the United States since that time, except
  for brief, casual and innocent departures, and
* who have not spent more than 90 days in the PRC between April 11, 1990 and
  October 9, 1992, and
* who were inspected and admitted or paroled by an Immigration and
  Naturalization Service (INS) officer upon arrival, and
* who are, in general, not "excludable" from the United States (see below).

You need not ever have been a student to apply.

At this time, there are certain groups of people not considered by INS to be
eligible to apply under the CSPA.  Court decisions or changes in the
regulations may broaden this list in the future.

3. If I never applied for benefits under the Executive Order, may I apply
under the CSPA now?

Yes.  It is not necessary to have taken advantage of President Bush's
Executive order 12711 of April 11, 1990 to qualify.

4. When can I apply?

The INS will accept applications now, but will not begin to process them
until the regulations are published.  The application period is one year
from July 1, 1993 to June 30, 1994.  INS will not accept applications
received after June 30, 1994.

5. Should I apply now?

You should not fill your application until it is complete.  Only when the
regulations are published will you know exactly what documentation needs to
be submitted with your application.  It is more important to submit a
complete and correct application than to send it early.  If anything is
missing from your application when it is submitted (such as the medical form
or additional forms which may be required by the regulations) or if there
are any mistakes, processing of your application could be delayed.  Your
place on the immigrant waiting list is based on the date you file (this is
referred to as your "priority date"), but in no case will it be earlier than
July 1, 1993.

6.  Where should I apply

DO NOT APPLY AT YOUR LOCAL INS OFFICE.  You must file your application at
the INS regional service center which has jurisdiction over the place where
you live (see "Additional Instructions for the Form I-485 for CSPA
Applicants").  YOUR APPLICATION MUST BE MAILED.  SERVICE CENTERS ARE NOT
OPEN TO THE PUBLIC AND WILL NOT ACCEPT APPLICATIONS FILED IN PERSON.  You
should use certified mail or some other form of secure mail that will
guarantee delivery and provide a receipt.

7. How do I apply?

You need Form I-485 and certain additional forms (See "Additional
instructions for the Form I-485 for CSPA Applicants" attached).  You can get
the necessary forms at your local INS office.  You may visit, call, or write
for the forms.  INS headquarters in Washington has instructed the district
offices that they may not deny any person an application packet.  Some of
the forms may be photocopied.  The I-485 Application to Register Permanent
residence or Adjust Status may be photocopied.  The medical form and the
fingerprint card may not be copied.  INS permits the G- 325A to be
photocopied but applicants should be careful to make exact copies of the
form -- INS will not accept improperly copied G-325A forms.  To be safe, you
should use an original G-325A form.  The fee for filing is $120.

MAKE A PHOTOCOPY OF THE APPLICATION AND ALL SUPPORTING DOCUMENTATION BEFORE
YOU SEND IT TO INS.  RETAIN THIS COPY FOR YOUR FILES.

8.  Can I use the fingerprint card from the local INS office?

Yes. INS would prefer to receive service center fingerprint cards, but they
will accept either local or service center fingerprint cards.  INS has given
conflicting information regarding how many fingerprint cards must be
submitted (one or two).  To be safe, you may want to send in two sets of
fingerprint cards or wait until INS gives a definitive answer.

9.  Can I get my medical exam in a different location, outside of my INS
district?

Yes, as long as the physician has been approved by the relevant INS district
office.  In some cases, you will need to document that the physician has
been approved by the INS.  The Immigration Service can provide you with a
list of approved physicians.

10.  What other documents will I need?

Generally a birth certificate for each applicant is required.  If this is
unavailable, INS has indicated that it may accept other evidence of birth,
such as a passport, school records, baptismal records, and sworn statements.
If you applied for benefits under the Executive Order, you will need to
submit evidence of this (such as a photocopy of your EAD issued pursuant to
the Executive Order or a 212(e) waiver).  You will also need your I-94
Departure Record as proof of your arrival in the United States, and your
passport as proof that you have not spent more that 90 days in China since
April 11, 1990.  The INS requires a copy of all pages of all passports of
each applicant.  If an applicant has more than one passport, a copy of all
pages should be submitted.  YOU WILL NOT NEED PROOF THAT YOU WERE A STUDENT
OR THAT YOU RECEIVED FINANCIAL AID FROM YOUR SCHOOL.  ONLY IN UNUSUAL
CIRCUMSTANCES WILL SUCH VISA DOCUMENTS AS FORMS 1-20 AND IAP-66 BE RELEVANT.

Additionally, you will need to attach a statement on a piece of paper to
your application showing the date of your arrival in the United States
before or on April 11, 1990, the date of each departure you have made from
the United States since that arrival (if any), the reason for each
departure, and the date of each return to the United States.  If you have
not left the United States after the initial arrival, you should write, "I
was in the United States on April 11, 1990 and I have not departed the
United States since April 11, 1990."

Another piece of paper must be submitted showing the date you arrived in the
PRC and the date you left the PRC, if this travel occurred between April 11,
1990 and October 9, 1992.  If you have not traveled to the PRC, you should
write: "I was not in the PRC between April 11, 1990 and October 9, 1992.
(See "Additional Instructions for the Form I-485 for CSPA Applicants.")

11.  Do I need to have the copies of my documents notarized or certified
before I send them in?

INS does not require that copies of documents be either notarized or
certified by an attorney.  INS does require that copies of documents
submitted be legible.  Additionally, you may certify the following: "Copies
of documents submitted are exact photocopies of unaltered original documents
and I understand that I may be required to submit original documents to an
immigration or consular official at a later date."

12.  Can I sign form I-134, Affidavit of Support, for myself, or must my
I-134 be signed by someone else?

Form I-134 should be signed by the person who promises the United States
government to support you after you become a permanent resident.  If you
will be supporting yourself, you should submit an employer letter, not form
I-134.  If you have dependents, you may sign form I-134 for each, or you may
simply write a letter explaining how you will support each one and promising
to do so.

[Editor's note: CND-US CSPA Package will carry an example of filling out
                Form I-134 for one's eligible dependents in next issue.]

13. Who should file an application?

Each person who qualifies for the CSPA must file a separate application,
even if several applicants belong to the same family or are small children.
Family members who are eligible in their own right should write "CSPA
Principal" on line "h" of Form I- 485, rather than "CSPA Qualified Family
Member."

14. My spouse or child is not a national of the PRC.  Can she or he apply?

Yes, as long as he or she meets all the other requirements of the CSPA (see
question 2 above), other than nationality.  In the case of a spouse, you
must have been married before April 12, 1990, must still be married, and
must present a marriage certificate or other evidence of marriage (See
"Additional Instructions for the Form I-485 for CSPA Applicants").  In the
case of a child, he or she must have been unmarried and under the age of 21
on April 11, 1990.  Line "h" on Form I-485 should be marked "CSPA Qualified
Family Member."  A non-PRC family member's application for the CSPA will not
be granted before the PRC principal's application has been approved.  A
non-PRC family member's application for the CSPA will be denied if the PRC
principal applicant is denied immigrant status under the CSPA.

15.  If I meet the entry and residence requirements of the CSPA, am I
guaranteed permanent residence?

No.  Certain individuals are considered ineligible for permanent residence
(green card) even though admitted legally on a temporary visa.  The most
common problems are: contagious diseases, certain past criminal activity or
convictions, past deportation or exclusion from the United States, past or
present false statements on INS or visa applications, communist party
membership in the last five years and certain other political affiliations,
past persecution of others, inability to support oneself in the United
States, and entry into the United States without going through INS
inspection.  Most of the grounds of exclusion mentioned above can be waived
by INS if there are good reasons to do so.

16.  Are CSPA applicants exempted from any of the usual requirements for
permanent residence?

Yes.  You cannot be denied permanent residence under the CSPA for the
following reasons: the J two-year home residence requirement, unlawful
CSPA applicant.  However, these dependents could
be subject to the immigrant waiting list for China for applications filed
under the employment based third preference.  This category currently has a
delay of two years.  If the delay grows longer, dependents may want to file
a second application for immigrant status under the family-sponsored second
preference, which currently has a delay of slightly over two years.

THE ABOVE MAY CHANGE WHEN THE REGULATIONS ARE PUBLISHED.

18.  If my spouse or child must wait for permanent residence, what should
they do in the meantime?

THERE WILL BE NO DEFINITIVE INFORMATION ABOUT FAMILY MEMBERS UNTIL INS
PUBLISHES THE REGULATIONS.  If they are in the United States, they may
maintain or obtain their own primary nonimmigrant status.  The INS may
permit dependents in this situation to request a deferral of enforced
departure and work authorization.  If they are in the PRC, and unless they
qualify for some type of nonimmigrant visa (such as an H-1B) or other
special permission, they may have to wait until their priority date comes up
before they can come to the United States.

19.  How long will it take to get my green card?

The INS may take as little as two to three months to process your
application.  However, because CSPA applicants are subject to the
immigration quota, processing may take longer.  In most cases, an interview
will not be required.  If your application is approved, you will be notified
by mail, and you will be instructed to report to your local INS office for
final processing of your green card.

After you receive your notice from INS, remember to take your passport and
also to have it stamped with temporary evidence of permanent residence.
This stamp will permit you to travel while you are waiting for your green
card.  If your passport has expired, take an extra picture with you so that
the INS can issue you a temporary green card.

Your green card will arrive about two to six months later by registered
mail.  It will be sent to the address you list on the application.  It
cannot be forwarded.  If you change your address, you must notify INS, and
refer to your INS receipt number.  Any change of address may delay receipt
of your card.

20.  What if I need to travel while my application is pending?

CSPA applicants who wish to travel outside the United States and return may
apply for "advance parole" to the local INS district office.  To apply, you
must send form I-131 to the INS district director describing the reason for
your trip abroad and your need for advance parole.  You must include two
passport size photographs with your application.  If your request is
approved, INS will issue you form I-512 to which your photograph will be
attached.  In addition, form I-512 will have a special notation permitting
you to reenter the United States in the same status you had upon departure.
There is a $65 fee for the advance parole application or approval.
Procedures for advance parole may vary from the description above.  In
addition, the standard of proof may be different from what you have
experienced in the past.  You may have to prove urgent family need or valid
business or professional needs.

21.  Do I need a lawyer to apply for the CSPA?

You have the right to consult and hire an attorney, but are not required by
law to do so.  Individual cases are different and may be complex.  If you
have questions about how to fill out forms, what documentation to submit, or
whether you or family members are eligible, you are strongly encouraged to
consult a qualified immigration lawyer.  Local nonprofit organizations with
accredited representatives in immigration law may also be available in your
community.  Some accredited representatives offer only limited types of
assistance.  Preparation and filing of an I-485 is a service which foreign
student offices cannot provide.

22.  What can a lawyer do for me?

A lawyer can:

* Assess your eligibility
* Insure that forms are prepared and filed correctly
* Assist you with applications from family members who cannot file under
  CSPA
* Deal with problems that may arise in your case

A lawyer cannot:

* Change your priority date
* Guarantee you a green card
* File papers for you which are not true
* Get you a benefit if you do not qualify

23.  How do I find a lawyer?

Immigration law is very complex and you should consult attorneys who are
experienced in immigration law.  The leading professional association of
immigration lawyers is the American Immigration Lawyers Association,
headquartered in Washington, DC (202-371-9377).  There are AILA chapters in
many cities.  International student advisers know good immigration lawyers
and may be able to help you.  Many local bar associations have referral
panels and can help you find a lawyer also.

24. How much should I expect to pay a lawyer?

It is not possible to generalize.  There are a number of different ways
attorneys charge for rendering legal services.  Some attorneys charge a
fixed fee for a particular process, while other attorneys charge on an
hourly basis.  It is important to understand that attorneys charge for their
expertise and the time that they and their staff must spend working on a
case.

Every case is different.  There may be additional fees for more complex
cases.  Some states require that a fee agreement between an attorney and a
client be in writing.  You should have your attorney put the fee
arrangements in writing.  In most cases, attorneys' fees do not include
costs such as filing fees to the INS, the cost of fingerprints, photographs,
and physical exams.  These additional costs will amount to several hundred
dollars per person.

When choosing an immigration lawyer, remember to be a good consumer.  This
is an important decision, so ask questions and get references.  Make sure
that you understand and feel comfortable with the fee agreement before
leaving the attorney's office.

----------------------------------------------------------------------------
6. Zhao Haiching Meets White House Officials on CSPA Regulations;
   Background Information on Ineligible Dependents and Quota Issues .... 125
----------------------------------------------------------------------------
>From: "Ying Q. Ji" <[email-masked]> Fri, 25 Jun 1993 19:18:37
Abridged by CND-US

           Dr. Zhao Meeting in White House on INS Regulations

WHITE HOUSE MEETING ON REGULATIONS

Subsequent to the meeting we had last week at the Justice Department,
Justice and the INS have drafted CSPA implementation regulations which do
not allow dependents to apply at the same time as the principals.  This
provision will severely affect thousands of dependents' lives who are
currently living in the U.S. or China. As a consequence, many dependents
may have to wait for many, many years before they can legally adjust their
status.

Some people in our community already accepted this as a fact. However,
hurting thousands of people's lives is not acceptable to us.  As a result,
we met yesterday with White House officials and Congresswoman Pelosi to once
again discuss the problems this decision creates for Chinese families. We
stressed the need to allow dependents to apply the same time as principals.

The White House was supportive and cooperative when we met with them
yesterday to discuss the problems of the regulations as currently drafted.
They were not happy to hear of the long wait dependents will have.  After
all, the U.S. has a long-standing policy of reuniting families.  They
promised to look into the matter and coordinate with all the agencies
involved and make a decision by next week.

Congresswoman Pelosi was very supportive and will continue help us to
aggressively push for the best possible regulations to benefit as many
people as possible.

BACKGROUND INFORMATION ON REGULATIONS

So that you understand the issue completely, we provide the following
background information.

We had a meeting with INS General Counsel and he agreed that family members
should be covered.

However, there was opposition to this within the INS, in other agencies and
by some in Congress.  As a result, the regulations were redrafted.  This
time it was stated that family members would not be able to apply at the
same time.  This is not in compliance with U.S. immigration law.  The
immigration law generally provides that dependents shall be eligible for
the same status and at the same time as the principals.  INS says that the
CSPA is a special case.  We have pushed very hard to have the Administration
return to the position of letting dependents apply now.

At the very least, we have argued that those dependents now in the U.S.
should be able to apply at the same time as the principals.  Due for those
families that have to wait in China until a visa number becomes available.

Quota Issue

As the draft regulations stand now, eligible beneficiaries under the Act
are subject to the worldwide quota.  What does this mean?  In 1990, the U.S.
government passed a new immigration law which set a ceiling on how many
immigrants would be allowed per year.  That ceiling is about 700,000.  The
INS argues that the implementation of the CSPA must not exceed this number.
One of the ramifications of this is that only roughly 40,000 visa numbers
will be available for Chinese nationals this year rather than all being
admitted at the same time.  Starting next year, the number would be
significantly reduced since we can only take left-over numbers from the
worldwide employment based third preference category.

We have pushed very hard on the quota issue and have gained significantly
in terms of visa number availability per year.

We are continuing to push on this issue and urging that all Chinese
nationals covered by the bill should be able to adjust their status
immediately.

Family Issue

As currently drafted, dependents of the principals will be subject to the
China quota.  There will be at most 2500 visa numbers available for them in
third preference per year once all principals have been admitted and the
backlog is cleared out.  If 40,000 dependents apply under third preference
it will take 16 years for all dependents to get a visa number to adjust
their status.  Some may get permanent residence through other means.  But
the result is still separations.

We have conveyed to the White House and the agencies the hardships and
disadvantages families will face if they are not able to apply at the same
time as the principals.  We are concerned about children of principals that
may turn 21 before a visa number is available. In some cases, they will have
lived here for most of their lives but will not get the benefits under this
program. Also, those applicants will lose many benefits that they would
otherwise be eligible.

We will not easily give up on pushing to get the best results for our
community until the regulations actually issue.  We remain committed to
seeing that Chinese nationals get the same treatment that has been afforded
other immigrant groups when special dispensation has been given.

IMMIGRATION BACKLASH

We are not the only group upset with the implement. The American Immigration
Lawyers Association has indicated they may sue the Justice Department. They
are upset that visa numbers that would otherwise go to the dependents of
other immigrant groups will now go to Chinese nationals.  During the debate
on the legislation, they were assured this would not happen.

In addition, there are reports that other organizations that represent other
nationalities may seek go back to the Congress and ask for legislative
amendments to reverse the implementing regulations.  This could adversely
impact upon the gains we have received under the Protection Act.

In addition, the political climate in the U.S. right now towards immigration
is bad.  The situation for Chinese nationals is particularly worse because
of widespread recent publicity on Chinese illegal boat people. The press
has focused on this illegal immigrant group.  Some people in the U.S.
political circle even purposely link the boat people with our Act.  For
example, there are TV commentators who publicly accuse Nancy Pelosi to pass
legislation to grant 80,000 illegal Chinese people permanent residence.  This
situation certainly hindered our ability to push for better regulations and
it will also negatively impact on many eligible Chinese nationals in their
applications.

As a result, we feel it is very important to get everyone in the U.S. covered
as soon as possible.  Events beyond our control could cause unforeseen
consequences in the future.

----------------------------------------------------------------------------
7. A Summary of the Information on Immigration/CSPA Lawyers (2 Items) ... 40
----------------------------------------------------------------------------
[Editor's Note: The following is a summary of immigration lawyers who
                provide immigration/CSPA law services.    The order of
                the listing is per the date we received the respective
                info.  This summary is for your reference only, please
                use your own judgement when you hire your immigration
                lawyer, regarding the scope of services provided, fees,
                and other legal matters.

                Please concerned readers direct your inquiries at the
                addresses listed in respective items below, CND assumes
                no responsibility for the information provided here. ]

--- --- ---

>From: Amei Zhang <[email-masked]> Fri, 25 Jun 1993 18:23:13 EDT

Hard to find a trustworth, affordable lawyer in NY Metro area to take care
of your CSPA application? Here is one: Attorney Jeffrey A. Margolis. I checked
with the Department of Disciplinary and found he is an "attorney with good
standing". Currently he charges $200 per application, plus $50 processing fee.
Not bad, eh?  People interested should call his assistant, Mr. Wang, a nice,
patient young man, at (212)827-0600 ext 141, 170.

--- --- ---

>From: SHIJIN WANG <[email-masked]> Fri, 25 Jun 1993 21:57:57
Subject: Legal Service At $80/person in Boston

A lawyer at Boston, Ms. Mary F. Weldon would like to help applicants under
CSPA to file. Her service includes reviewing and correcting of draft,
answering the questions or issues, signing the forms and attaching a cover
letter of lawyer. Anyone interested in this deal, please call the Ms. Mary
Weldon at (617)923-9180. Her address is 34 Pilgrim Rd. Watertown.

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