Subject: CND-US CSPA Information Exchange Package (XVI), June 29, 1993

From: [email-masked]
Date: Tue, 29 Jun 1993 18:35:42 -0500

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

                               (US Regional)

 Information Exchange (XVI): About Filing Application for U.S. PR Under CSPA

                           Tuesday, June 29, 1993

[Editor's Note: Due to the technical problem with CND-US Mailing List, we
                also send out this urgent news via CND-Global mailing lists.
                Please note that there will be Part Three of the News
                Release from the IFCSS, CND will relay it when it's available.

                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]

+--------------------------------------------------------------------------+
| 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.   |
+--------------------------------------------------------------------------+

============================================================================
Information Exchange (XVI): About Filing Application for U.S. PR Under CSPA

        IFCSS News Release News Release No.4150 (Parts One & Two)
1. CSPA Green Light: You May File Your Application Now (Part One) ....... 80
                     (General Notice)
2. CSPA Green Light: You May File Your Application Now (Part Two)....... 110
                     (Questions and Answers)
                           --- --- ---
3. INS Ready to Accept CSPA Application
   -- CND Brief Report on Today's AILA/NAFSA CSPA Teleconference ........ 40
4. Addresses for the INS Service Centers; How to File by Express Mail ... 65
5. A Check List for Filing Form I-485 under CSPA ....................... 110
============================================================================

----------------------------------------------------------------------------
1. CSPA Green Light: You May File Your Application Now (Part One) ....... 80
----------------------------------------------------------------------------
>From: IFCSS HQ <[email-masked]>  Date:   Tue, 29 Jun 1993 15:23:46

[Editor's Note:  This has been distributed to readers at 15:40 this afternoon,
                 however we still include it here for your convenience.]

**************************************************************
IFCSS Headquarters News Release No. 4150         June 29, 1993
    CSPA GREEN LIGHT: YOU MAY FILE YOUR APPLICATIONS NOW!
**************************************************************
Independent Federation of Chinese Students and Scholars (IFCSS)
   733 15th Street, N.W., Suite 440, Washington, D.C.20005
         Tel. (202)347-0017  Fax: (202)347-0018
                Email: [email-masked]

        CSPA:  YOU MAY FILE YOUR APPLICATIONS NOW!
        ==========================================
                      (PART ONE)

Dear fellow Chinese students and scholars:

    This is the news we have been waiting for weeks. We have
finally got the word that the CSS now can file CSPA applications.
                                  ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    But before you rush to the post office to mail the
applications, we advise you to patiently read through this and
subsequent new releases from this office because they have some
important instructions from the INS about the requirements.

    This morning, IFCSS HQ officers held a two-hour meeting with
INS HQ officers in INS Central Office Building. Representing the
IFCSS were Shi Heping, Director of Government Affairs and Zhang
Qingsong, IFCSS Executive Director. Representing the INS were Ms.
Rita Boie, senior Examination Examiner who was in charge of
drafting the Regulations, Mr. Ed Skerrett, Chief of the Immigration
Branch, Mr. Michael L. Aytes, Director of Service Center Operations
and Mr. Duarte, Director of the Examination Operations.

    The INS officers stated that the White House (OMB) have
informed them that the content of the Regulation was O.K. The
Regulation is still waiting for final approval. It is expected to
be released by the end of this week. However, INS officers told us
that the CSS may file their applications now.
             ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    The basic requirements are the same as the "Additional
Instructions for Form I-485" published in the Federal Register on
June 17.

    According to the latest calculation, there are 45,000 visa
numbers available for the CSPA this year. In order to fully use
those visa numbers, INS urge the CSPA beneficiaries to file EARLY
and file COMPLETE. If the number for this year is fully used, it
would take about one and a half years for all the rest of the
applicants to get their permanent residency.

    Another important thing is that the Form 9003 is required. It
is not included in the Additional Instructions. But it is required.
You may get it from IRS offices, libraries or send out xerox
copies. You may send fast delivery and registered mail, but that
may be slower than regular mail because of complicated processing
procedures.  Besides, express mail cannot be send to P.O.Box
Service Center addresses.

    There will be more information concerning specific instructions
about the forms. If you are not sure about some items in the
application forms, you may wait to read the following releases
before you file your applications.

    Thanks and good luck.

    (To be continued)

----------------------------------------------------------------------------
2. CSPA Green Light: You May File Your Application Now (Part Two) ...... 110
----------------------------------------------------------------------------
>From: IFCSS HQ <[email-masked]>  Date: Tue, 29 Jun 1993 18:23:44

**************************************************************
IFCSS Headquarters News Release No. 4151         June 29, 1993
          CSPA GREEN LIGHT PT.2: ABOUT THE FORMS
**************************************************************
Independent Federation of Chinese Students and Scholars (IFCSS)
   733 15th Street, N.W., Suite 440, Washington, D.C.20005
         Tel. (202)347-0017  Fax: (202)347-0018
                Email: [email-masked]

                 CSPA GREEN LIGHT  (PART II)

       Some Specific Questions about the Application Forms
       ===================================================

********* Please do not call the IFCSS HQ. We are unable to answer
questions from individuals. IFCSS HQ is preparing for the 5th
Congress and should keep the lines open.**************

     During the meeting with the INS officers, the IFCSS HQ
officers raised some specific questions about the application forms
collected by IFCSS CSPA Information Center. The following is a
recollection of the answers from the INS officers. It serves as
general information rather than legal advice.

1.   I FOUND THAT I DID NOT INCLUDE SOME INFORMATION/FORMS, CAN I
     SEND ANOTHER PACKAGE OR IMMEDIATELY SEND THE ADDITIONAL FORMS?

A:   You should wait for the receipt from the Service Center for
     your initial package and then send the additional forms.
     Sending several packages in a short time will complicate the
     matter. There will be a number on your receipt, which you
     should put on any subsequent forms or materials so that the
     Service Center people can quickly identify your first package.

2.   THE ADDRESSES FOR THE SERVICE CENTERS PUBLISHED IN THE FEDERAL
     REGISTER ARE DIFFERENT FROM THOSE DISTRIBUTED BY INS. WHICH
     ARE THE CORRECT ONES?

A:   You should use the addresses in the Federal Register. The
     addresses provided by IFCSS Information Center are correct.

3.   WILL THE APPLICATIONS BE PROCESSED ON A FIRST-COME-FIRST-
     SERVED BASIS? HOW ARE YOU GOING TO DETERMINE PRIORITY DATE?

A:   The applications will be processed on a first-come-first-served
     basis. The priority date is given after the application is
     received with the fee and signature.

The following questions concerning I-485.

4.   WHAT IS THE CURRENT INS STATUS?

A:   If you are no longer holding a valid visa, such as J-1 or F-1,
     put DED there.

5.   WHAT IS THE A NUMBER OR FILE NUMBER?

A:   The A number or the file number is the alien registration
     number beginning with an "A". You can find it on the upper
     left-hand corner of your work permit. You may not have the A
     number if you do not have a work permit. Then you can skip it.

6.   WHAT IF I NO LONGER HAVE I-94 CARD?

A:   You can use the dates on your passport. You may also check
     with the international student office at your school to see if
     they have retained the old I-20 forms to indicate your first
     entry or if they have copies of I-94 forms.

7.   ITEM 12 OF PART THREE ASKS WHETHER YOU HAVE BEEN A J-VISITOR
     AND NOT YET COMPLIED WITH THAT REQUIREMENT OR OBTAINED A
     WAIVER. SHALL I SAY YES OR NO?

A:   You should say "yes", but write "waived under CSPA."

8.   HOW SHALL I ANSWER THE QUESTION REGARDING DEPENDENTS "APPLYING
     WITH YOU?"

A:   If your dependents are eligible under CSPA, answer yes. But
     each member of your family has to file separately.

9.   DO COPIES OF THE DOCUMENTS, SUCH AS PASSPORT AND I-94, HAVE TO
     BE NOTARIZED?

A:   No. You don't have to.

10.  SHOULD WE USE THE FINGER PRINTING CARDS FROM THE LOCAL
     DISTRICT OFFICE OR FROM THE SERVICE CENTER?

A:   Both are acceptable.

11.  CAN WE DO THE MEDICAL EXAMINATION IN ANOTHER DISTRICT OR AREA?

A:   You can do the medical examination anywhere as long as it is
     done by INS approved doctors.

12.  WHAT VERSION OF THE I-485 FORMS SHOULD BE USED?

A:   The I-485 forms must be the 9-9-92 version (on the lower left
     hand corner in the first page of form I-485.)

     To be continued (about late-arriving dependents who are not
covered in this Act). This release has three parts. This is Part 2
of the three.

----------------------------------------------------------------------------
3. INS Ready to Accept CSPA Application
   -- CND Brief Report on Today's AILA/NAFSA CSPA Teleconference ........ 40
----------------------------------------------------------------------------
>From: A CND Volunteer, June 29, 1993

[Editor's Note: A more detailed report may be posted to readers sometime
                later if our time and manpower resources of volunteers allow.]

Note: The following is a report of the teleconference on CSPA held
earlier this afternoon. It's for your reference only.  Due to some technical
difficulities, the content in the report may not be complete or accurate.
Please consult your immigration lawyers for advice and information.

Potential applicants covered by the Chinese Student Protection Act
(CSPA) may send out their applications now, according to an official from
the Immigration and Naturalization Service.

Michael Aytes, Director of the INS Service Center Operations, made the
remarks in a teleconference earlier this afternoon.  The teleconference
was sponsored by the American Immigration Lawyers Association, and was
open to lawyers, foreign student advisors and other practitioners.

However, any application received before July 1 will be treated as if it
was received on July 1, Aytes said.

Each application should include completed Form I-485 and documents listed
in the Additional Instructions for the Form I-485 published in Federal
Register on June 17, 1993.  A completed Form 9003 is also required.
Applications should be filed by mail with the four INS Service Centers provided
in the Federal Register publication.

INS officials said only one fingerprint card is needed. It should be
an INS approved Form FD-258, and is also acceptable if it's not issued
by the INS Service Center having jurisdiction over your place of
residence.

Dependents who arrived in the U.S. after April 11, 1990 will not be
eligible to apply for permanent residence under CSPA, and they may file
only after their principals are granted a green card.  Dependents may
be granted voluntary departure or work authorization at the discretion
of district directors of local INS offices.

----------------------------------------------------------------------------
4. Addresses for The INS Service Centers; How to File by Express Mail ... 65
----------------------------------------------------------------------------
Excerpted from Federal Register, June 17, 1993, by CND-US

Where to File Your CSPA Application:

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:

          USINS Northern Service Center
          P.O. Box 82521
          Lincoln, NE 68501-2521

(End of the excerpt)

                           --- --- ---

File by U.S. Post Office Express Mail
-------------------------------------

[Editor's Note: The following is for your reference only]

>From ******@********.***.edu Tue Jun 29 15:03 CDT 1993

>Why it says Express Mail can't get to PO Box? U.S. Post Office surely
>can, but not other carriers right?

Just called my local post office. U.S.P.S. Express Mail does deliever
to postal office box number. You may sign a waiver to waive the receiving
party from signing and dating the delivery note (this is one thing the
IFCSS HQ cautioned and I guess why they said regular mail may be faster
than priority mail or registered mail). Then the post office will just
write down the date and time of delivery on the delivery note for the
recepient.

                           --- --- ---

>From: Tan Yurong <[email-masked]> Date: Tue, 29 Jun 1993 17:09:42 EDT
Subject:  Waiver your signature

        Remember to sign the waiver line in the express mail label for sending
application forms.  This is to avoid bouncing back your pacckage because there
might NOT be INS officiers to sign the receipt.  This is simple, but very
important because express mail can NOT be delevived to P.O. Box address.

----------------------------------------------------------------------------
5. A Check List for Filing Form I-485 under CSPA ....................... 110
----------------------------------------------------------------------------
Compiled by: Bo Xiong, Zuofeng Li, June 22, 1993
Updated on June 29, 1993

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

                Please check your application package against the final
                INS CSPA rule!]

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;

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

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

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-485, 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 on how to fill out INS forms etc., see CND-US
CSPA Info Exchange Packages back issues (see editor's note on top of this
package).

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|                   Editor of This Issue: Bo Xiong                         |
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