************************************************************** IFCSS Headquarters News Release No.5022 July 21, 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 The IFCSS HQ Keeps Eye on CSPA Implementation and Related Issues ================================================================ The IFCSS HQ still keeps an eye on the implementation of the CSPA and related issues. Right now we have collected from our members numerous questions, and have analyzed and divide them into different categories. There have been all kinds of rumors and conflicting information from all sources concerning these questions. What we will do next is to contact the officials at the INS HQ and find out for sure what is exactly happening. We will do our best to obtain DEFINITE answers for you. So please read these questions carefully, and if they have addressed your concern, please do NOT call the IFCSS HQ. If they have not, please contact us through E-Mail or FAX at (202)347-0018. Currently our manpower is extremely strained, and we want to use our limited manpower most efficiently and on critical issues. We will regularly post the information we dig out on our E-Mail network. It is impossible to answer all the questions to each individual on the phone. Please take time to read the IFCSS News Releases in the next few days. Your cooperation is most appreciated. I. Questions on the processing of applications in the four INS operation centers. (1) There are apparent discrepancies in the operations of the four INS centers. Some applicants have received receipts and others have not. It seems that the INS centers are not following "first come, first served" principle. Some are required to go to the local INS to fill up form I-89 and do finger prints, others are not required to do so although they are of the same status. The Southern Center has not asked any applicants to go to the local INS offices. Please explain. (2) What is the priority date for each applicant, the date the application is received or the date the INS sends out the receipt? What's the total number of applicants in the four INS operation centers up till now? (3) If the applicants have made some mistakes in their application forms or forgotten to enclose some documents, shall they resend the correct forms and supplementary application materials to the INS center after they get their receipts or wait until the INS send them notice to do so? (4) Most of the applicants have enclosed only one finger-print chart according to the requirements specified in the Additional Instructions for Form I-485. If the finger-print chart is unclear or blurred, shall their application packages be returned and thus lose the priority dates? II. Questions on late-arriving dependents, i.e. those dependents who arrived at the U.S. after April 11, 1990. (1) Under which category shall the late-arriving dependents apply for permanent residency, 2nd preference or 3rd preference or both? which one is faster? When do you expect the visa number for these two categories to be available? How do you justify the inclusion of late-arriving dependents under the 3rd employment-based preference if they shall be allowed to do so? If late-arriving dependents are allowed to apply under 3rd employment-based preference, will that influence those Chinese students and scholars who arrived after April 11, 1990 and will apply for permanent residency under the same category? (2) When can late-arriving dependents file their applications for permanent residency, after the principals get their receipts from the INS or after the principals receive formal notice of approval from the INS? Do they have to wait until the visa number in the relevant category is available before they file their application or can they file applications before the visa number becomes current? (3) What are the procedures to be followed or application forms to be used in order to apply for permanent residency for late-arriving dependents? Where shall they file applications, at the local INS offices or at the four INS centers? (4) Some late-arriving dependents hold J-1 or J-2 visas. Can they be waived two-year home residence requirement when they apply for permanent residency? (5) Some of the late-arriving dependents did not exceed 21 years old on April 11, 1990, but have exceeded 21 years old now or will exceed by the time of application for permanent residency. Can they still apply for permanent residency as late-arriving dependents under CSPA? (6) If late-arriving dependents are F-2, J-2 or H-4 visa holders, when shall they be considered as losing their legal status, as soon as the principals file their applications for change of status or after the principals' applications for permanent residency have been approved? (7) Some of the late-arriving dependents have already lost their legal status in the U.S., shall they be allowed to apply for voluntary departure and permanent residency later on? (8) The normal length of voluntary departure is half a year to one year. How many times shall the INS allow late-arriving dependents to extend their application for voluntary departure? After late- arriving dependents enter the status of voluntary departure, shall they be granted advance parole if they need to travel outside the U.S.? III. Other questions (1) If the applicant is a F-1 visa holder who has not applied for work permit before and already filed application for permanent residency under CSPA, can he/she accept a job offer and work legally before his/her application is approved? What document(s) can he/she show to his/her employer to verify his eligibility to work? (2) When can the principals file applications for permanent residency for their dependents in China? Under what category shall they apply? How long will it normally take for the visa number to become current under the relevant category? (3) If the applicant is a F-1 visa holder, can he/she apply for practical training after he/she has filed his/her application for permanent residency under CSPA? (4) Shall the applications of those who went back to China during April 11, 1990 and October 9, 1992 be considered on the case-by- case base or be rejected as a whole? ********************************************************************* * 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 * *********************************************************************