************************************************************** IFCSS Headquater News Release No. 5038 Aug 18, 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 Current Status of CSPA and Visa Numbers for China ================================================= The past weeks have witnessed some confusion over CSPA, which was due in part to inadequate communication. While some beneficiaries complained about IFCSS' lack of enthusiasm in further pursuing the issue, some new-comers (arriving after April 11, 1990) accused IFCSS of promoting the interests of the early-arriving students at their expenses. After contacting some representatives on both sides, IFCSS HQ is convinced that there is no inherent conflict of interests between the two groups. We reaffirms our commitment to serving the whole CSS community and we hope that you will help achieve this end by letting us know exactly what you want to know and what your concerns are. The following information is provided as part of the effort to dispel confusion and misunderstanding. The focus of contention seems to be late-arriving dependents (LADs). We want to clarify that IFCSS has NEVER lobbied to include LADs in the employment-based 3rd preference; the U.S. Immigration Law provides that if the principal files under the 3rd preference, his/her dependents are eligible to adjust their status using visa numbers in the same category. In fact, we have recommended that LADs be allowed to use worldwide quota. Having failed to achieve that, we asked that they be allowed to adjust their status without going to a third country. And we partly succeeded in this attempt. As for the overall impact of the CSPA on future China quotas, the current information is not enough to make a precise assessment, but we can safely predict that after CSPA, the waiting period for applicants under China's employment-based 3rd preference should be shorter rather than longer. Back in July, the cutoff date for the 3rd preference was October, 1993; by August, the backlog has disappeared, which means that visa numbers have become available for everyone who has applied for 3rd preference through normal channels. We have no way to find out how many late-arriving dependents have applied, since their applications are filed with local offices and got mixed up with other applications. However, according to our survey, the ratio between late-arriving dependents and principals plus early-arriving dependents are 1:5. Therefore, the total number of late-arriving dependents should be around 8,000. About half of these dependents are not eligible to file under the employment-based 3rd preference, because the current regulations provide that only those who have continuously maintained lawful status are eligible to apply. So the actual number of late-arriving dependents who apply should be around 4,000. It is true that applications are still coming in under CSPA, and yet we should be aware that not all those who have filed will be approved. There was an error in IFCSS News Release No.5033. Late- arriving dependents are using China's quota, not the worldwide quota. The wrong information was obtained from an INS officer. At the time, it happened that both Heping Shi, IFCSS officer in charge of the CSPA, and Ms. Rita Boie, who is in charge of drafting the regulations, were out of town. We do apologize for the error. To help assess the impact of CSPA on China's employment-based visa numbers, we contacted Immigrant Visa Control division at Department of State. We were told that for both August and September, 1,500 visa numbers would be allocated. A cut-off date will be set in October or late September, depending on how many applications INS will process in August and early September. The next fiscal year starts on Oct. 1, 1993 and ends on September 30, 1994. It is impossible to predict how many visa numbers will be made available to China's employment-based 3rd preference, for visa numbers in different categories can roll over to one another. The total number for China (all categories) for the current fiscal year is 27,552, but the number for next fiscal year has not been determined. We understand that some new-comers are concerned with the reports that some LADs are applying under employment-based 2nd preference and illegal immigrants are also eligible to apply under the CSPA if they reenter on advanced parole. We wish to point out that since all the CSPA principals are using the 3rd, it is impossible for their dependents to have derivative benefits using the 2nd. Some students must have confused family-based 2nd, for which LADs are eligible, with employment-based 2nd. As for the illegal immigrants, INS CSPA Wire #5, which was released on August 13, contained the following instruction: "It is clear from the language of the Executive Order that it was intended to protect Chinese students and scholars. The mandate to facilitate travel was out of concern for the necessity of certain of these students and scholars to travel abroad in connection with their academic pursuits. It is equally clear that the Executive Order's reference to travel facilitation was not intended to provide legitimate immigration status to those who did not already have such status." IFCSS is prepared to set up a work committee to address the concerns of those who are not covered under the CSPA. It is also willing to provide financial as well as human resource support for any project that advances the interests of the new-comers. We also encourage local Chinese student organizations help channel the opinions of new-comers. Only by maintaining solidarity can we protect and promote our interests. ********************************************************************* * IFCSS Headquarters Office * *-------------------------------------------------------------------* * President: Lin Changsheng Vice President: Shi Heping * *-------------------------------------------------------------------* * PBS-L is IFCSS's news distribution list for individuals. 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