************************************************************** IFCSS Headquarters News Release No.5024 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 Works for Best Solution for Late-Arriving Dependents ================================================================= Over the last few days, the IFCSS HQ has intensified its effort on a solution that will solve the problems of the late- arriving dependents. According to the latest information from our sources, the issue was discussed during a special meeting in the INS HQ. Though no concrete decision was known to have been made as how to solve their problems, a decision appears to be near at hand. The IFCSS HQ thus has mobilized all its resources and manpower to lobby for the best solution that serves the interests of the Chinese students and scholars. On July 21, 1993, the following letter was sent out respectively to: Senator Edward M. Kennedy Senator Slade Gorton Congressman Joe Barton Congresswoman Nancy Pelosi Mr. Eric P. Schwarts, Director of Refugee Program & Humanitarian Affairs of the National Security Council Ms. Phyllis A. Coven, Assistant to Attorney General of the Department of Justice We are writing with regard to a matter of grave concern to the Independent Federation of Chinese Students and Scholars (IFCSS). As you know, approximately 40,000 Chinese nationals have filed as principals under the Chinese Student Protection Act (CSPA) since July 1, 1993, the first day filing was allowed. Based on our excellent and almost unique line of communication with Chinese nationals in the United States, it is our opinion that the great majority of qualified individuals have already submitted their applications to the Immigration and Naturalization Service (INS). Since there are approximately 46,000 visa numbers available to these applicants until September 30, 1993, it is clear that not only will there not be a backlog of applicants for permanent residency under the CSPA, but also that there will indeed be a surplus of visa numbers available to qualified applicants. While principals under the CSPA will be able to avail themselves of the opportunity to obtain permanent residency in the United States immediately, their late-arriving dependents who do not meet the requirements of the Act but who share the same fears and concerns about returning to China as their qualifying parent or spouse will be subjected to an unreasonable delay in obtaining permanent residency in the U.S. Given the fact that the number of applications under the CSPA have been drastically fewer than originally anticipated and the fact that there will be a surplus of visa numbers through September 30, 1993, it is possible to extend a hand to the late-arriving dependents and remain consistent with the intent of the CSPA as indicated in its legislative history and in the President's signing order. Moreover, by taking advantage of the surplus now, anticipated backlog in future years can be alleviated. It was originally anticipated that the 46,000 visa numbers remaining through September 1993 would be allocated to qualified CSPA applicants and would not even be sufficient to accommodate all of these. Since it is now clear that those numbers will not need to be completely dedicated to CSPA applicants under the proposed regulation per se, we request that they be designated for the use of late-arriving dependents of principal CSPA applicants whose applications have been approved. Such a designation would be appropriate and equitable since these visa numbers were intended to be used by Chinese nationals who cannot safely live now in China as a result of the massacre in Tiananmen Square. In almost all cases, late-arriving dependents would have been in the United States earlier and in time to be covered by the CSPA qualifying principal except for intervention of the Chinese government which prevented them from arriving in a more timely fashion. Allocation of these numbers to late-arriving dependents would also implement our government's long-standing support of family reunification, allowing these late-arriving dependents to adjust their status to permanent residency and remove all uncertainty from their family situation and status in the United States. As we have noted, a late-arriving dependent cannot file for permanent residency until the principal applicant's application has been approved. Principal applicants under CSPA were not allowed to submit their applications until July 1, 1993. the 46,000 visa numbers which are currently available will disappear if they are not claimed by September 30, 1993. Consequently, applicants have a very short time frame in which to file their applications for permanent residency and have them adjudicated by the INS. Since the burden on the INS is significantly lower than had been originally anticipated because fewer Chinese nationals have applied pursuant to the CSPA, we respectfully request that the INS begin accepting and reviewing applications from late-arriving dependents on August 1, 1993 when visa numbers will be available for such late-arriving dependents. With early acceptance and review of these applications, the late-arriving dependents applications can be approved immediately following the approval of the principal applicant's application and a visa number can be claimed and dedicated to the late-arriving dependents before September 30, 1993. Without such a system in place, it is clear that late-arriving dependents will not be able to avail themselves of the visa numbers which will disappear if unclaimed on September 30, 1993. Finally, it has come to our attention that a number of the late- arriving dependents are J-1 or J-2 visa holders with a two year residency provision, requiring them to return to China for two years before obtaining permanent residence in the United States. As you know, principal applicants under the CSPA and individuals qualifying under the President's Executive Order 12711 were given a waiver from the two year residency requirement based on their inability to return to China following the massacre in Tiananmen Square. We respectfully request that the same waiver provision be extended to late-arriving dependents based on their own inability to return to China where they would be certainly subjected to harassment and reprisal by the totalitarian government now in power there. We very much appreciate your continued support on behalf of the Chinese nationals in the United States who cannot return to their native country because of the repressive activities of its government. We ask for your continued assistance in the matters we have raised in this letter. If you have questions or need additional information, please do not hesitate to contact us. We look forward to hearing from you soon. Sincerely, Changsheng Lin President of IFCSS Heping Shi Vice President of IFCSS Xiaozhu(Drew) Liu Executive Director ********************************************************************* * IFCSS Headquarters Office * *-------------------------------------------------------------------* * President: Lin Changsheng Vice President: Shi Heping * *-------------------------------------------------------------------* * PBS-L is IFCSS's news distribution list for individuals. 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