************************************************************** IFCSS Headquarters News Release No. 5086 December 14, 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 Relay of INS Cable ======================== The IFCSS HQ has obtained from Mr. E.B. Duarte, Director of Examinations Operations Facilitation Program of the INS, a copy of the CSPA Wire #6 (the INS cable to all local INS offices). This cable is also carried in the recently published Interpreter Releases No. 70. INS Cable: CSPA Wire #6 (File CO 245-C) (Beginning of the Cable) Re: Chinese Student Protection Act of 1992 (CSPA). This is CSPA Wire #6. This wire concerns issuance of voluntary departure and/or employment authorization to certain family members of Chinese Student Protection Act (CSPA) principals. This wire should be understood to reference only cases involving family members whose spousal or child-parent relationship to the CSPA principal was legally established prior to the date the CSPA principals' application for CSPA adjustment of status was (is) approved, and who arrived in the United States before July 1, 1993. This wire should not (repeat not) be understood as either encouraging or discouraging the issuance of voluntary departure and employment authorization in other types of cases. District directors are encouraged to give favorable consideration to granting voluntary departure without issuance of an order to show cause in one year increments in response to a request for voluntary departure made by a spouse or child of a CSPA principal if the spouse or child is ineligible to immediately apply for adjustment of status and is unable to maintain a valid immigration status in the United States. Favorable consideration may be deemed by the district director to be inappropriate in cases where substantial adverse factors exist, such as the spouse or child's entry without inspection, his or her conviction for a crime involving moral turpitude, or if the familial relationship appears to have been entered into solely for the purpose of obtaining immigration benefits. Intent to remain permamently in the United States at the time of admission as a nonimmigrant, lack of an approved immigrant visa petition on the family members's behalf, or the fact that the CSPA principal's application for CSPA status has not yet been approved should not be considered as adverse factors in reviewing these cases. A family member who has been granted voluntary departure may request empoyment authorization pursuant to 8 CFR 274A.12(c)(12). District directors are encouraged to give favorable consideration to requests by family members who establish economic necessity. Those family members who have been granted voluntary departure and who need to travel outside the United States for emergent reasons may be issued advance parole under guidelines set forth in OI 212.5(c). (End of the Cable) ********************************************************************* * IFCSS Headquarters Office * *-------------------------------------------------------------------* * President: Lin Changsheng Vice President: Shi Heping * * Exec. Director: Liu Xiaozhu Chief of Staff: Huang Songyun * *-------------------------------------------------------------------* * PBS-L is IFCSS's news distribution list for individuals. To sign * * on or off from IFCSS E-mail mailing 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 * *********************************************************************