Subject: CND-US, July 7, 1993

From: [email-masked]
Date: Wed, 7 Jul 1993 20:03:28 -0500

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

                               (US Regional)

                          Wednesday, July 7, 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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Table of Contents                                                 # of Lines
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1. News Briefs (5 Items) ................................................ 48
2. Cheaper Technical Information from U.S. Government ................... 24
3. Chinese Economists Society Will Hold Its 8th Annual Conference ....... 13
4. First Announcement/On-Line Congressional Hearing on Computer Network . 47

                    CND-US CSPA Information Exchange
                    --------------------------------
5. What to Do If I Found Mistake in My CSPA Application Package ? ....... 20
6. Travel Outside the U.S. While Applying for PR under CSPA ............. 18
7. Application for Waiver of CCP Membership Excludability in CSPA ....... 56
8. INS Regulation on Voluntary Departure and An Analysis ............... 140
============================================================================

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1. News Briefs (5 Items) ................................................ 48
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[CND, 07/06/93] Buffalo -- Dignitaries and athletes of the Chinese delega-
tion to the '93 World University Games (WUG) were welcomed by a reception
party at the Buffalo Hilton on Tuesday evening. Co-hosted by the WUG Buf-
falo Chinese Volunteer Coordination Committee (WUGBCVCC), the Chinese Stu-
dents and Scholars Association at UB and Mr. Clement Chen III from the Buf-
falo Hilton, the reception was attended by more than 100 people, including
the mayor of Buffalo City and the officials of PRC Embassy. The two-hour
party was full of warm welcomes and good wishes. Some of the athletes were
not able to attend due to the need for good rest before competition. (Writ-
ten by: Weihe Guan)
                 --   --   --   --   --   --    --   --   --
[NB, 7/2/93] Shanghai -- AST recently inaugurated a new office in Shanghai
with the concept of expanding and enhancing its marketing and support ser-
vice, and increase its foothold in the Eastern Chinese computer market. It
is expected that the opening of the new office will bring about an increase
of sales of at least 50 percent in a year's time. AST is believed to be the
number one foreign PC vendor in China with 60 percent of the Chinese market.
(From: Charles, 7/6/93)
                 --   --   --   --   --   --    --   --   --
[NB, 7/2/93] REDMOND, WA -- Microsoft Corporation has been awarded a whop-
ping $12.5 million in a software piracy case. US District Judge David
Kenyon awarded the default judgement to the computer software company in a
piracy case brought by Microsoft against BEC Computer Co. Inc., of the US,
BEC Computer Co. Ltd., of Taiwan, and Ley Her Enterprise Co. Ltd., Taiwan.

In 1991 Microsoft licensed BEC Computer to distribute its MS-DOS and Windows
operating systems under the BEC name so long as the software was distributed
with BEC's computer systems. Microsoft does not authorize Windows and MS-DOS
to be sold stand-alone except in the case of upgrades. It had sought damages
in excess of $5 million. Microsoft sued BEC Computer when it learned that
company was producing and selling MS-DOS and Windows separately. BEC filed
counterclaims last August alleging that Microsoft had violated antitrust
laws and engaged in copyright and trademark misuse in its licensing agree-
ments. Judge Kenyon dismissed BEC's claims. (From: Charles, 7/6/93)

                 --   --   --   --   --   --    --   --   --
Organized by Sun Bin, Zhou Jian, the Bluegrass Cup Tournament was held at
U. Kentucky on 7/3-4/93. Five teams from Cleaveland, Purdue, Vandy, UK, and
Cincinnati took part in (in the order of final results). (From: Shangyou
Zhang <[email-masked]>, forwarded by <[email-masked]>)

                 --   --   --   --   --   --    --   --   --
[soc.culture.china, 7/2] Professional position available at the Everywoman's
Center Coordinator of Women of Color Program of U. Massachusett - Amherst.
Everywoman's Center is a multi-cultural, multi-service women's center based
at the University of Massachusetts in Amherst, serving the University and
Community women. Services include rape crisis, information and referral,
education and advocacy, and counseling. Hiring Salary Range of $25,838 -
$34,450 with full University benefits.

Application deadline: July 23, 1993, duties include to provide advocacy for
women of color as individuals and in groups, regarding hate crimes and other
cases of discrimination based on race, gender, sexual orientation, etc. Bil-
ingual desirable. Send Resume, Statement of Interest and 3 Letters of Refer-
ence to: Search 32551, Employment Office, Room 167, Whitmore Administration
Building, UMass, Amherst, MA01003. (From: [email-masked])

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2. Cheaper Technical Information from U.S. Government ................... 24
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Source: Rafe Ronkin <[email-masked]>, 7/3/93
Forwarded by: Xiaowen Li via <[email-masked]>, 7/3/93

A change in U.S. policy may make it much easier for developing countries to
get technical information from the U.S. government, which is the largest
single producer, collector, consumer, and distributor of information in the
United States.

According to Bill McAllister (Washington Post, 7/1/93, A21), "The Clinton
administration has reversed a Reagan administration policy that defined
government information as a commodity, often available for sale to private
industry.

"Instead, the new policy advises government agencies to 'maximize' the
amount of information available to the public and to information, they will
be prohibited from charging more than the cost of delivering the materials."

The long-expected policy, issued last week by the Office of Management and
Budget as its Circular A-130, outlines the philosophy federal agencies are
to follow in releasing information. McAllister says: "It also will provide
the foundation for the new 'information highway' that Vice-President Gore
has proposed.

Under U.S. law, implementation of the rule falls to each agency and depart-
ment. The Circular is silent on implementation and each agency will comply
in its own way. It is possible that Congress will enact some of the policies
into law. The Office of Management and Budget is an element of the Executive
Office of the President.

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3. Chinese Economists Society Will Hold Its 8th Annual Conference ....... 13
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From: Zhi Wang <[email-masked]>, 7/4/93

It will be held at University of Minnesota from August 20-22. The conference
organizing committee welcome Chinese students and scholars and all people
who are interest in China to participate this conference. The preliminary
schedule includes: keynotes address of Nobel Laureate in Economics, T. W.
Schultz: New Directions of Development Economics (Human Capital in Economic
Development); Joint sessions include: Theory of Institutions and Social
Organizations and Implications for Chinese Economic Reform; The Impact of
Economic Integration: the Case of Pacific Rim Chinese Economic Reforms.
Many famous economists from China and from USA, including Prof. Chen Yizi,
will present their papers.

The further information about registration and select paper section program,
please call: Prof. Chun Chang, (612) 624-8305 or Mr. Zhi Wang, (612) 645-
3495.

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4. First Announcement/On-Line Congressional Hearing on Computer Network . 47
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Source: Announcement of Internet Multicasting Service, 7/5/93
Forwarded by: Jie Gao <[email-masked]>, via comp.dcom.telecom

On July 26 at 9:30AM EDT, the Subcommittee on Telecommunications and Finance
of the U.S. House of Representatives will hold the first Congressional Hear-
ing ever held over a computer network. The oversight hearing on "The Role of
Government in Cyberspace" will take place in the Grand Ballroom of the
National Press Club at 14th and F Streets, N.W., Washington, D.C. The hear-
ing is open to the public. An open house will be held from 3 - 5PM on the
same day in the same location and is also open to the public.

Chairman Markey has asked that this historic occasion demonstrate the poten-
tial and diversity of the global Internet. Thirty Sparcstations will be in
the hearing room, allowing members of Congress, staff, and their guests to
read e-mail, use Gopher menus, read testimony in WAIS databases, browse the
World Wide Web, and otherwise use the resources of the global Internet as
part of the hearing.

Some witnesses for the hearing will testify remotely, sending audio and
video over the Internet. Audio and video of the hearing will also be multi-
cast over the Multicast Backbone (MBONE). We are hoping that C-SPAN and
other traditional media will also carry the event. *MORE DETAILS ON MBONE
AND OTHER WAYS TO WATCH THE HEARINGS REMOTELY WILL BE FORTHCOMING SHORTLY.*

One of the primary points that we are hoping to demonstrate is the diversity
and size of the Internet. We have therefore established an electronic mail
address by which people on the Internet can communicate with the Subcommit-
tee before and during the hearing:        <[email-masked]>

We encourage you to send your comments on what the role of government should
be in the information age to this address. Your comments to this address
will be made part of the public record of the hearing. Feel free to carry on
a dialogue with others on a mailing list, cc'ing the e-mail address.

Your cards and letters to [email-masked] will help demonstrate that
there are people who use the Internet as part of their personal and profes-
sional lives. We encourage you to send comments on the role of government in
cyberspace, on what role cyberspace should play in government (e.g., whether
government data be made available on the Internet), on how the Internet
should be built and financed, on how you use the Internet, and on any other
topic you feel is appropriate. This is your chance to show the U.S. Congress
that there is a constituency that cares about this global infrastructure.

If you would like to communicate with a human being about the hearing, you
may send your comments and questions to:    <[email-masked]>

Support for the Internet Town Hall is provided by Sun Microsystems and
O'Reilly & Associates. Additional support for the July 26 on-line congres-
sional hearing is being provided by ARPA, BBN Communications, the National
Press Club, Xerox PARC, and many other organizations. Network connectivity
for the Internet Town Hall is provided by UUNET Technologies.

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5. What to Do If I Found Mistake in My CSPA Application Package ? ....... 20
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Excerpt from CND-US CSPA Info Exchange Package XVI, June 29, 1993

     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.

Q:   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.

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6. Travel Outside the U.S. While Applying for PR under CSPA ............. 18
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From: YANPEI DENG <[email-masked]>  Date: Wed, 7 Jul 1993 10:21:00 EST

I planned to travel another country, and got my advance parole on June 7,
1993, and I'm leaving on July 9.  I called Ms.Rita Boie's office, the office
in charge of writing the regulation, since I couldn't get through to local
INS office.  According to the telephone conversation of Ms. Boie, as far as ILIL
I have an advance parole to cover this trip, it is fine for me to use the
one I have.

Also, my personal analysis, the regulation says "before a decision is made
on your application...", and it doesn't say after the application is filled,
so it seems ok to use the one you already got.

I am not a lawyer, and this is by no mean a legal advise.

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7. Application for Waiver of CCP Membership Excludability in CSPA ....... 56
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From: Ne Ri-an <[email-masked]>, via SCC, 7/3-5/93

[Editor's Note: The following is collected and edited from the information
                CND saw on the network, we believe it is of information
                nature. Please consult your lawyer and use your own discretion
                before you make decision(s) on related matter. If you are in
                doubt of the information, please contact the original sender
                listed above for details.

                Also, more discussions can be found in CND-US CSPA Information
                Exchange Package series between June 6 and July 1, 1993]

Under the 1990 Act, nonimmigrants are no longer excludable on the basis of
Communist Party affiliation or membership. Immigrants remains excludable,
but only for party affiliation or membership, not for mere advocacy of Com-
munist doctrine. In addition, the exclusion does not apply if the alien has
terminated his or her membership at least two years before the application
for a visa and the alien is determined not to be a threat to the security of
the U.S. This provision would apply to aliens from the formerly Communist
eastern European countries. A different time period applies, however, to
aliens who are nationals of countries still controlled by a totalitarian
party at the time of application for a visa. In that case, membership in the
party must have been terminated at least five years before the date of
application. The longer time period would apply to nationals from such coun-
tries as Cuba, the People's Republic of China, North Korea and Vietnam.

In plain words, if you apply for non-immigrant visa such as F-1/J-1/H-1,
even if you are a CP member, your application will not be turned down. But
if you apply for PR, you become excludable. If you came from PRC, you must
have quitted CP five years before you apply. Otherwise you need to file a
waiver application I-601 (4-24-85) together with a Form CDC 4.422-2 to prove
you are involuntarily enrolled, etc.

It is not wise for you to simply mark yes on I-485 and not apply for a
waiver.

In "Adjustment of Status; Certain Nationals of the PRC," [INS Number: 1607-
93], published on 7/1/93, it is said, the excludability of Communist party
membership could be waived. but the waiver is NOT automatic, you have to
apply for the waiver CONCURRENTLY with your application. Unless you get the
waiver FIRST, your application will be rejected.

I guess the beneficiaries should have waited for the full text before they
sent out their applications.

If you failed to file a waiver application together with your CSPA package,
my feeling is that you may send in a waiver application now and send in
another one after you get the receipt notification of your application.

Don't worry. You may be wise in the long run, when compared to the option of
not reporting your past CCP membership. You may not admit your CCP member-
ship when applying for a non-immigrant visa in China, maybe you were told to
do so by Chinese government. Now you could have been willfully concealing a
material fact and become excludable by the action itself. Sheik Omar Abdel
Rahman was just ordered to be deported because he made a false statement
when he got his Green card (he is a polygamist and has two wives), maybe it
is the easiest reason INS could find on him now. CCP membership is very
easy for FBI or CIA to find out, once you get into trouble. It is not a big
secret in China. It is in your best interest to waive it now than to hide
it.

There is also the possibility that the directive given by INS HQ will not
require an explicit waiver application, but the regulation certainly seems
that you need to file one.

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8. INS Regulation on Voluntary Departure and An Analysis ............... 140
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[Editor's Note: The term "Voluntary Departure" is used when INS Interim CSPA
                Regulation specifies the possible treatment of Late-Arrival
                CSPA Dependents, here is a piece of related information.]

 From: Ne Ri-an <[email-masked]>  Date: 5 Jul 1993 04:33:08 GMT
 Source: soc.culture.china

An Excerpt from 1990 Immigration Act:

                       TITLE 8 -- ALIENS AND NATIONALITY;
                         REVISED AS OF JANUARY 1, 1992

 CHAPTER I -- IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
                  SUBCHAPTER B -- IMMIGRATION REGULATIONS

 PART 242 -- PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE UNITED
             STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL

             @ 242.5  Voluntary departure  prior to commencement of
                                    hearing.

                                  8 CFR 242.5

   (a)(1) Authorized officers. The authority contained in section 242(b) of
the act to permit aliens to depart voluntarily from the United States may be
exercised by district directors, district officers who are in charge of
investigations, officers in charge, chief patrol agents, and service center
directors, assistant district directors for Examinations, Director, Organized
Crime Drug Enforcement Task Force, or Assistant Director, Organized Crime Drug
enforcement Task Force, (New York, NY; Houston, TX; Los Angeles, CA; and Miami,
FL).

   (2) Authorization. Notwithstanding any other provision of this section, an
alien convicted on or after November 18, 1988, of an aggravated felony as
defined in section 101(a)(43) of the Act, shall not be eligible for  voluntary
departure  prior to commencement of hearing.  Voluntary departure  may be
granted to any alien who is statutorily eligible: (i) Who is a native of a
foreign contiguous territory and not within the purview of class (vi) of this
paragraph; or (ii) whose application for extension of stay as a nonimmigrant is
being denied; or (iii) who has voluntarily surrendered himself to the Service;
or (iv) who presents a valid travel document and confirmed reservation for
transportation out of the United States within 30 days; or (v) who is an F-1,
F-2, J-1, or J-2 nonimmigrant and who has lost such status solely because of a
private bill introduced in his/her behalf; or (vi) who is admissible to the
United States as an immigrant and: (A) Who is an immediate relative of a U.S.
citizen, or (B) is otherwise exempt from the numerical limitation on immigrant
visa issuance, or (C) has a priority date for an immigrant visa not more than
60 days later than the date show in the latest Visa Office Bulletin and has
applied for an immigrant visa at an American Consulate which has accepted
jurisdiction over the case, or (D) who is a third-preference alien with a
priority date earlier than August 9, 1978, or (E) who is the beneficiary of
an approved sixth-preference petition who satisfies Examinations without
another petition that he/she can qualify for third preference and who cannot
obtain a visa solely because a visa number is unavailable, and who has a
priority date earlier than August 9, 1978; or (vii) who has been granted
asylum and has not been granted parole status or a stay of deportation; or
(viii) in whose case the district director has determined there are compelling
factors warranting grant of voluntary departure.

   (3) Periods of time. Except for classes (v), (vi), (vii), and (viii) of
paragraph (a)(2) of this section, any grant of  voluntary departure  shall
contain a time limitation of usually not more than 30 days, and an extension of
the original  voluntary departure  time shall not be authorized except under
meritorious circumstances. Upon failure to depart, deportation proceedings
will be pursued. Class (v) may be granted  voluntary departure in increments of
1 year conditioned upon the F-1 or J-1 alien maintaining a full course of study
at an approved institution of learning, or upon abiding by the terms and
conditions of the exchange program within the limitations imposed by 22 CFR
514.23. Classes (vi) (A), (B), and (C) may be granted  voluntary departure
until the American consul is ready to issue an immigrant visa and, in the
discretion of the district director, may be in increments of 30 days,
conditioned upon continuing availability of an immigrant visa as shown in the
latest Visa Office Bulletin and upon the alien's diligent pursuit of efforts to
obtain the visa. Classes (vi) (D) and (E) may be granted  voluntary departure,
conditioned upon the approved third- or sixth-preference petition as
appropriate, remaining valid as well as the alien's retention of the status
established in the petition, for an indefinite period until an immigrant visa
is available. Classes (vii) and (viii) may be granted  voluntary departure in
increments of time, not to exceed 1 year, as determined by the district
director to be appropriate in the case. Form I-94 issued to an alien granted
voluntary departure,  who is within class (v), (vi), (vii), or (viii) of
paragraph (a)(2) of this section may be stamped with the legend "Employment
Authorized" if the alien seeks some indication from the Service that he is
entitled to be employed.

   (b) Application. Any alien who believes himself or herself to be eligible
for voluntary departure  under section 242(b) of the Act may apply therefore
at any office of the Service any time prior to the commencement of deportation
proceedings against him or her. The officers designated in paragraph (a) of
this section may deny or grant the application and determine the conditions
under which the alien's departure shall be effected. An appeal shall not lie
from a denial of an application for  voluntary departure  under this section,
but the denial shall be without prejudice to the alien's right to apply for
relief from deportation under any provision of law.

   (c) Revocation. If, subsequent to the granting of an application for
voluntary departure under this section, it is ascertained that the application
should not have been granted, that grant may be revoked without notice by any
district director, district officer in charge of investigations, officer in
charge, chief patrol agent, Director, Organized Crime Drug Enforcement Task
Force, or Assistant Director, Organized Crime Drug Enforcement Task Force,
(New York, NY; Houston, TX; Los Angeles, CA; and Miami, FL).

----- End Quote -------

Analysis:

(ii) (iii) and (iv) do apply. But these are certainly not acceptable.
In these cases, voluntary departure is only valid for 30 days and can
not be extended. The purpose of this kind of application is to
establish beforehand to the U.S. consulate overseas that the applicant
has not been deported out of the U.S.

(v) does not apply since it depends on the J-1 and F-1 alien maintaining
full course of study; there is not J-1 or F-1 alien in the CSPA case.

Would some people qualify for (vi)(A) because they have children who are
American citizens? It certainly looks plausible. But again it has to be
renewed every 30 days so it is ridiculous. (vi) (B) (D) (E) certainly
do not apply. For (C), even if the dependents get the principal's
priority date, it will not be within 60 days of the current date if the
visa number is taken from 3rd preference.

(vii) does not apply.

It looks like (viii) is the only choice, but CSPA regulation did not
specify the duration and terms and left it to the discretion of district
office. The only thing we can know is it will not be longer than one
year at a time. And what if the application is not granted? If it is
not in the regulation, where can it be?

Conclusion:
The current version of regulation is very unclear on this point
and could be further interpreted very unfavorably by the district
offices. Prepare to be deported.

By: Ne Ri-an <[email-masked]>

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