Subject: CND-US CSPA Information Exchange Package (XVIII), June 30, 1993

From: [email-masked]
Date: Wed, 30 Jun 1993 17:42:40 -0500

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

                               (US Regional)

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

                         Wednesday, June 30, 1993

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| 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.   |
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[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 (XVII) 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. Public Law No. 102-404                         ]

Table of Contents                                                 # of Lines
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 Information Exchange (XVIII): About Filing Application for US PR Under CSPA

1. Opening Remarks by INS Official in AILA/NAFSA Teleconference on CSPA . 76
2. ACP News: Selected Details from Teleconference on CSPA Filing ....... 100
3. 39 Pages Long CSPA Reulation to Be Published on July 1 ............... 20
4. About Filing by U.S. Post Office Express Mail ....................... 100
============================================================================

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1. Opening Remarks by INS Official in AILA/NAFSA Teleconference on CSPA . 75
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>From: A CND Volunteer, June 30, 1993

[Editor's Note: This is the second part of the CND report. More reports on
                this subject may be posted to readers sometime later if our
                time and manpower resources of volunteers allow.]

Note: The following is a text of the opening statement by Michael Aytes,
Director of the INS Service Center Operations in a teleconference on CSPA on
June 29 afternoon.  It's for your reference only.

Michael Aytes: Let's just go through some of the basic mechanics of the
process.  The statutory filing window opens July 1. While the regulation has
not formally been published, we will begin accepting applications on July 1.
Applications that we receive before July 1 will be treated as if it was
received on July 1.  There'll be no advantage of filing today or tomorrow.

Applications should be filed on Form I-485, "Application to Register
Permanent Residence or Adjust Status".  There's a supplemental instruction
sheet that was published in the Federal Register about a week and half ago
that lists some additional documentations specific to the Chinese Student
Protection Act that need to be filed with the application.

We encourage that applications be filed as completely as possible. We're all
aware of the ramifications with regard to attempting to process as many of
these applications as possible before the end of September, because of the
visa number situation.  If an application comes in which is incomplete,
having to go back to ask for supplemental information and getting that back
to the mail, those cases will not be done before September 30.  So I need
complete applications.

I need separate application for each family member.  If an applicant has a
separate pending adjustment application or has some other applications, say,
asylum application on file, we would like that listed as a supplement to the
application.

If someone wants to file a concurrent application, because they need
employment authorization document and their eligibility is based on filing
of the adjustment application, if they anticipate having to travel while the
adjustment application is pending, or if they want to notify the consulate
once we approve the application so that the dependent who is overseas can
apply for a visa to enter the United States, there're separate applications
for each of those processes that you can file at the same time as you file
your adjustment application.

That's the basic process. The Service Centers will receive the applications.
We'll send out a notice of receipt telling the individual applicants that we
have their case, and giving an estimate of processing time for the case.
That receipt notice will have a distinct receipt number associated with it.
That's your case number.  And if you have to inquire with us as to what's
happening with your case, if you have to send us further documentations when
we ask for it, always reference that receipt number.

Some of these cases will be interviewed.  For all these cases being
processed at the Service Centers, based on their individual case by case
review of the application and of the data that we already have on hand,
we'll make a determination that some of the cases will be transferred to
local offices for an interview.

Most of the cases, we anticipate at this point, will be processed solely on
a mail-in basis.  The only public contact when an individual has to go to
local offices is we'll send him a notice, go into local offices, and
complete a fingerprint and signature card.  For those of you who're doing a
lot of INS business, it's I-89.  The local offices would then forward it to
us so that we have that, we can process that when we approve the
application, and issue the Alien Registration Card.

So most applicants will complete all except this fingerprint and signature
card by mail.  Isolated individuals, however, maybe based on random
sampling, maybe based on data in the application, maybe based on independent
data we already have, will be interviewed by our local offices.  If they're,
however, we'll send him a notification in advance of that.

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2. ACP News: Selected Details from Teleconference on CSPA Filing ....... 100
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>From: Wenming Kuai <[email-masked]> Date: Wed, 30 Jun 1993 08:43:44

                  Association of Chinese Professioals

         Chinese Protection Bill Implementation Service Center

                  Selected Details From CSPA Conference Call
                  ------------------------------------------

The following are selected details from the June 29, 1993, teleconference on
the Chinese Student Protection Act. Answers came from Michael Aytes,
Director, Service Center Operations, and Rita Boie, Senior Examiner, INS:

.  ANYONE BELIEVING FOR ANY REASON THAT THEY MIGHT BE ELIGIBLE TO
   BENEFIT FROM THE CPSA IS STRONGLY ENCOURAGED TO APPLY. They are
   not guaranteed approval, but they will be afforded a fair review of
   their petition and full access to regular appeals procedures.

.  The latest version of Form I-485 (dated 9-9-92) is to be used for filing.

.  Applicants should precisely follow the "additional Instructions
   for the Form I-485," as printed in the June 17, 1993, Federal
   Register, pages 33464-33468. (AILA Reprint #32-0793)

.  The application window begins July 1, 1993. There is no benefit
   to filing before July 1, 1993.

.  Applications that are in any way incomplete may not be
   adjudicated before the end of the fiscal year.

.  Separate applications should be used for each family member.

.  If petitioners have any other applications pending before INS,
   they should reference that on their cover sheet.

.  Petitioners should reference their current status on the cover
   sheet. For instance, if petitioner has previously been granted
   DED, that may substantially speed processing time.

.  Supplemental applications, such as I-765 (Employment Authorization),
   I-131 (Advance Parole--if petitioner needs to leave US during
   pendency of application), or I-842 (Action on Approved
   Application--to notify consulates for in-country dependents),
   may be filed along with the 485. HOWEVER, separate checks should
   be used for payment of fees in order to avoid confusion or delay.

.  Upon receipt by Service Center, a receipt number and estimate
   of processing time will be returned to the applicant.

.  Some applicants will be interviewed, based on need for further
   review generated by information contained in application.
   Additional interviews may be generated by INS quality control
   procedures.

.  Non-qualifying family members may file either a "following-to-
   join" or a Relative petition.  They will not be eligible to
   adjust under CSPA. Mike Aytes suggested that the priority dates
   and visa number circumstances are such that the Relative
   petition may prove the quicker route. NOTE: You must wait
   until the petitioner adjusts before a Relative petition may be
   filed.

.  Family members who are out-of-status may apply for voluntary
   departure and employment authorization at their local district
   office. INS is considering advising district directors to be
   sympathetic with PRC national asking for voluntary departure.

.  ONE (1) fingerprint card is needed. It must be an INS Fingerprint
   card, but need not be Service Center-specific.

.  IRS Form 9003 is required. Copies (on yellow paper) may be
   used.  Failure to submit a complete application may result in
   a processing delay.

.  The statute waives both the two-year return requirement and
   245(C) restrictions.

.  Passports may be used as proof of citizenship, in lieu of
   official copy of birth certificates.  All pages (even if blank)
   of passport should be copied and attached to the application.

.  In the case of unavailability of documents, the standard
   procedures of establishing proof, or attempts to obtain
   documents are in effect.  The only exception is with regard to
   record of marriages that took place in the PRC; no "attempt to
   obtain" proof is needed.

.  APPLICATIONS WILL BE SENT BACK IN ONLY TWO INSTANCES:
   1.  Fees not paid, ($120 for adults, $95 for children)
   2.  Forms not signed.
   Otherwise, applicants filing incomplete petitions will be
   notified that "additional documents are needed" and delays may
   result.

.  There is still no word on when the regulations will be printed
   in the Federal Register.

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3. 39 Pages Long CSPA Reulation to Be Published on July 1 ............... 20
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>From: "Ying Q. Ji" <[email-masked]> Date:  Wed, 30 Jun 1993 14:32:04

National Council on Chinese Affairs News Release 008: CSPA Regulation Issued

     FROM:     DR. HAICHING ZHAO
     DATE:     JUNE 30, 1993
     RE:       CSPA REGULATIONS ISSUED

     The regulations for the CSPA have issued.  They are 39 pages long and
will published in the July 1, 1993 Federal Register.

     After working hard on getting the best regulations possible, we are
happy to see that they are finally available to the public.  However, we are
still not satisfied with the exclusion of late arriving dependents and will
continue to work with the Administration during the comment period on this
issue.

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4. About Filing by U.S. Post Office Express Mail ....................... 100
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>From ****@*****.edu Wed Jun 30 08:32 CDT 1993

>We here have at least ten students around me mailed out the packages
>without signing the space for signature waiver. We all at a loss when
>we saw the second parts of today's CND-US news release in which the
>signature of waiver is suggested.
>
>So I asked if IFCSS or some other persons could contact the related INS
>and/or post office to state and solve these problems. We all will be
>very grateful.

I just called Post Office Customer Service Dept. at Lincoln, NE, they said
REGARDLESS whether or not a waiver of signature is signed, INS Northern
Service Center will NOT sign on the express mail, they will stamp the receipt
as they do on HUNDREDS of express mail they receive daily, no delay.  You
can check by yourself by calling 402-473-1695.

Note: U.S. Post Office is different from those private courier companies
such as Federal Express/DHL/UPS/Burlington Express/etc.  P.O.Box is
administrated by U.S. Post Office so U.S. Post Office Express Mail can
reach any P.O.Box.

--- --- ---

>From: Lufan Chen <[email-masked]> Date: Wed, 30 Jun 1993 11:10:23
Subject:  Donnot worry about express mail w/o signature

I called Irving USPS and the lady said the INS picks up the mails twice a day.

>From: Jing Ming Guo <[email-masked]>
Date: Wed, 30 Jun 1993 13:27:46 CDT
Subject: Certified Express Mail

I used a certified express mail and called the Post Office in Irving, Texas
in order to make sure that the mail will be signed by the INS with no delay.
A lady told me the INS picks up the mails twice a day and will sign the
receipt.  the certified express mail will arrive there before 12:00 am next
day.

The Post Office know what is going on. So they will take care that.

The number of the Post Office in Irving, Texas is 214-986-6556.

--- --- ---

>From: <[email-masked]> Date: Wed, 30 Jun 1993 08:14:38
Subject:  regarding express mail

I asked the clerk in the local post office, she told me that the waiver did
NOT need to be signed. She said for a big company like INS, they usually
have people come to post office and pick the mail, and sign all the forms.

Upon receiving this message, I called the post office at Irving, Texas (which
is where the Southern Service Center located), the lady told me the mail CAN
be delivered without signing the waiver, even if the address was a P.O.Box.
She said INS had such a large quantity of mail, special delivery arrangement
has been made with INS. (something called BIZ dilivery or whatever)

So I guess the INS P.O Box is somewhere different from a personal P.O. Box.
This is just for you reference.

--- --- ---

>From: Lin Shi <[email-masked]> Date:  Wed, 30 Jun 1993 09:33:44
Subject:      Re: Don't forget to sign the WAIVER of SIGNATURE

> Usually Federal Express and UPS Next Day Delivery don't send mail to
> P.O.BOX.
>
> You should send your application using Express Mail by post office.
> Depending on what location you send from and send to, they will guarantee
> your mail delivered by 12:00 or 3:00pm next day.
>
> Most important, as someone else has already posted, don't forget to sign
> the blank at "Waiver of Signature and Indemnity".
>
> If you sign that blank, post office does not have to obtain a signature
> in order to deliver your mail.
>
> Otherwise, post office will send a notice to that P.O.Box, notify them to
> pick up your application. Of course you don't think there'll be enough INS
> staff to do this for you.
>
> Because this is a special case, probably post office will have a special
> arrangement with INS. Who knows?  However, if you sign that blank, nothing
> will hurt.

For people of the Eastern region where the INS Service Center's street
address is available, Federal Express can be used. I would like to point out
that the Federal Express airbill also has a space for signature waiver. This
space is Block 5: "Sender authorizes Federal Express to deliver this shipment
without obtaining a delivery signature......" This space should be signed by
you, the sender.

Happy Filing, please do it in an orderly fashion.

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