Date: Thu, 15 Jul 1993 11:48:05 -0400 Reply-To: IFCSS HQ Sender: Univ of Buffalo Chinese Students and Scholars Communication List From: IFCSS HQ Subject: IFCSS Continues to Work on Late-arriving Dependents Issue (IFCSS HQ NR-5011) ************************************************************** IFCSS Headquarters News Release No.5011 July 15, 1993 ************************************************************** 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: ifcss@wam.umd.edu IFCSS Continues to Work on Late-Arriving Dependents Issue (II) Despite the tremendous workload arising from IFCSS transition, IFCSS HQ continues to focus on the late-arriving issue. The past two days witnessed intensive lobbying efforts, which are briefly described below. *** *** *** On July 13, Shi Heping talked over the phone with Ms. Rita Boie, the senior immigration examiner who drafted the CSPA Regulations. Ms. Boie confirmed that visa numbers for 3rd preference for China would become current in August. When asked if late-arriving dependents could file their applications for PR in August, Ms. Boie said they could file provided that the application of the principal in the family has been approved. She told Shi Heping that INS was going to call a meeting to discuss the situation (INS, too, was caught by surprise by this drastic cut in the backlog.) Shi Heping pointed out that the CSPA principals might not be able to use up the 45,000 visa number and suggested that late-arriving dependents be allowed to use the left-overs if such left-overs do appear. Ms. Boie promised to bring the matter up at the meeting. Later on, Shi Heping got in touch with Lynda Zengerle, head immigrant lawyer and a partner at Arent Fox who has been a key person in IFCSS' protection-related lobbying ever since 1989. Lynda said that the visa number for both 2nd and 3rd preferences (employment-based) would be available in August. Shi Heping expressed IFCSS's concerns over late-arriving dependents and asked Lynda to help prepare a written comment on the CSPA Regulations in this regard. Lynda said she would be pleased to do so. In the afternoon, Shi Heping and Liu Xiaozhu met with Mr. Burton Wides, also a partner of Arent Fox. It was with his able support that IFCSS went through a series of lobbying efforts to bring about the Executive Order. It was also under his guidance that IFCSS brought about the CSPA to success. After hearing IFCSS' concerns over the late-arriving dependents, Burt promised to use his extensive contacts with the Department of Justice and other offices to help seek the best solution. Later in the afternoon, Shi Heping got a message from Mr. Eric Schwartz, Director of Refugees and Humanitarian Affairs at the National Security Council. Mr. Schwartz said he had received the letter sent the new IFCSS leaders and would continue to help on the late-arriving dependents issue. On July 14, Shi Heping, Liu Xiaozhu and Lynda Zengerle went to Senate Subcommittee on Immigration and Refugee Affairs to meet with Mr. Gerry Tinker, staff director, and Mr. Mike Meyers, senior aide to senator Kennedy. The IFCSS officers first asked about the possibility of including late-arriving dependents under the CSPA and were told that such inclusion would require statutory change, which was impossible at this moment, given the strong anti- immigration sentiment in the Congress. According to Mr. Tinker, Voluntary Departure does not mean that late-arriving dependents have to go back to China. In the past, the U.S. government made arrangement for people in a similar situation to apply from a U.S. consular office in a third country (e.g. Canada and Mexico). When Shi Heping raised the concern that late-arriving dependents might encounter difficulties in obtaining voluntary departure and work permits at local INS offices, Mr. Tinker replied that if any dependent's application was rejected, IFCSS could contact the subcommittee for help. He added that there shouldn't be any problem for dependents to get work permits once they were in voluntary departure status. Liu Xiaozhu raised the possibility that the CSPA principals might not be able to use up the 45,000 visa numbers available and asked if the dependents could use the left-overs. Mr. Meyers answered that they would be willing to check into the possibility. Shi Heping then suggested that the Subcommittee talk to INS to let the late-arriving dependents start filing on August 1, even if the principal in the family has not been approved by that time, because the 3rd preference for China will become current in August and some dependents will fall out of status in a matter of weeks. Such an arrangement would save the dependents the trouble to go into Voluntary Departure. Lynda added that at least INS could go ahead to accept applications and get the papers ready. Mr.Meyers said that if there had not been delay early on, this would not be necessary, but he added he would be willing to talk to the related offices about this. Lynda and the IFCSS officers also touched on the subjects of 90 days and getting INS HQ to send a cable to local offices about CSPA-related Voluntary Departure. Both Mr. Tinker and Mr. Meyers believed that the 90-day requirement is tough, but still agreed to look at some typical cases of forced stay in China. As for the INS cable, Mr. Meyers said that he had been informed that INS HQ would do so. *** *** *** Summary of Current Situation and Our Strategy 1. There is little hope to include the late-arriving dependents under CSPA. Such inclusion would require either statutory change or reinterpretation of the law. Given the firm stand taken by the Senate Subcommittee on Immigration and Refugee Affairs (remember that Senator Kennedy, the Chairman, has been one of our best friends), Department of State, and INS, plus the strong anti- immigration sentiment in the Congress, it would be self-destructive to insist on the inclusion. 2. The good thing is that the Subcommittee is committed to the pledge that nobody will be forced back to China. It is willing to work with us to ensure that all the late-arriving dependents (provided that they have not violated U.S. law) will be granted Voluntary Departure status and given work permits. It is also willing to help arrange for late-arriving dependents to apply from Canada or Mexico if they do enter Voluntary Departure. 3. For those late-arriving dependents who will fall out of status shortly, we strongly encourage you to maintain your legal status by going to school or other means. For those whose only alternative is Voluntary Departure, we will help you if you encounter any difficulty in applying. 4. While asking you to be prepared for the worst (actually the Voluntary Departure arrangement has already met our original bottom line), we will be still striving to obtain the best for you. Our next goal, therefore, is to try to bring about an arrangement in which late-arriving dependents can take advantage of the "current" situation in August. If we can achieve this goal, the overwhelming majority of the late-arriving dependents will be saved the trouble of going into Voluntary Departure. We will keep you informed of any new development. ********************************************************************* * IFCSS Headquarters Office * *-------------------------------------------------------------------* * President: Lin Changsheng Vice President: Shi Heping * *-------------------------------------------------------------------* * PBS-L is IFCSS's news distribution list for individuals. To sign * * on or off from the list, please send email to listserv@ifcss.org * * leave the subject line open and put in the mail body: * * (For signing on) sub PBS-L last name first name * * (For signing off) unsub PBS-L last name first name * * For more information about IFCSS, write to ifcss-info@ifcss.org * *********************************************************************