Subject: HQ SR-4021: Protection Bill (Old Senate Version)

From: IFCSS HQ <[email-masked]>
Date: Wed, 29 Jul 1992 18:42:40 -0400

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IFCSS Headquarters Special Report No. 21        July 29, 1992
             Protection Bill '92  (Old Senate Version)
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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: [email-masked]

           Protection Bill '92 (Old Senate Version)
           ========================================

Dear IFCSS Members:

     Many people have requested detailed information on
the 1992 Protection Bill. The following bill was passed
by the Senate two months ago. Attached here for your
information. As reported before, the bill was slightly
changed in the House Judiciary Committee, but the Hatian
amendment was rejected.

--------------------------------------------------------
Reminder: The following bill passed Senate in May 1992,
and now been considered by the House Committees.

                        S. 1216

SYNOPSIS:
                          AN ACT
To provide for the adjustment of status under the
Immigration and Nationality Act of certain nationals
of the People's Republic of China unless conditions
permit their return in safety to that foreign state.

TEXT:

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
     This Act may be cited as the " Chinese Student
Protection Act of 1992".

SEC. 2. Adjustment to lawful permanent resident status of
certain nationals of the People's Republic of China

  (a) In general- Subject to subsection (c)(1), whenever an
alien described in subsection (B) applies for adjustment of
status under Section 245 of the Immigration and Nationality
Act during the application period (as defined in subsection
(E) the following rules shall apply with respect to such
adjustment:
      (1) The alien shall be deemed to have had a petition
approved under Section 204(A) of such act for classification
under Section 203(B)(#)(A)(I) of such act.
      (2) The application shall be considered without
regard to whether an immigrant visa number is immediately
available at the time the application is filed.
      (3) In detenmining the alien's admissibility as an
immigrant, and the alien's eligibility for an immigrant
visa
      (A) paragraphs (5) and (7)(A) of Section 212(A) and
Section 212(E) of such act shall not apply; and
      (B) The attorney General may waive and other
provision of Section 212(A) (other than paragraph (3) of
such act with respect to such adjustment for humanitarian
purposes, for purposes of assuring family unity, or if
otherwise in the public interests.
    (4) The numerical level of Section 202(A)(2) of such
act shall not apply.

  (b) Aliens covered -for purposes of this section, an
alien described in this subsection is an alien who-
      (1) is a national of the People's Republic of
China described Section 1 of Executive Order No. 12711
as in effect on April 11, 1990;
      (2) Has resided continuously in the United States
since April 11, 1990 (other than brief, casual, and
innocent absences); and
      (3) Was not physically present in the People's
Republic of China for longer than 90 days after such
date and before the date of the enactment of this act.

  (c) CONDITION; DISSEMINATION OF INFORMATION.-
      (1) NOT APPLICABLE IF SAFE RETURN PERMITTED.
-Subsection (a) shall not apply to any alien if the
President has determined and certified to Congress, before
the first day of the application period, that conditions
in the People's Republic of China permit aliens described
in subsection (b)(1) to return to that foreign state in
safety.
      (2) DISSEMINATION OF INFORMATION.
      If the President has not made the certification
described in paragraph (1) by the first day of the
application period, the Attorney General shall, subject to
the availablility of appropriations, immediately broadly
disseminate to aliens described in Subsection (B)(1)
information respecting the benefits availble under this
Section. To the extent practicable, the Attorney General
shall provide notice of these benefits to the last known
mailing address of each such alien.

   (d)  OFFSET IN PER COUNTRY NUMERICAL LEVEL.-
      (1) In general - The numerical level under Section
202(A)(2) of the Immigration and Nationality Act applicable
to natives of the People's Republic of China in each
applicable fiscal year (as defined in paragraph (3)
shall be reduced by 1,000.
      (2) Allotment if Section 202(E) Applies -If Section
202(E) of the Immigration and Nationality Act is applied
to the People's Republic of China in an applicable fiscal
year, in applying such Section- (A) 300 immigrant visa
numbers shall be deemed to have been previously issued to
natives of that foreign state under Section 203(B)(3)(A)
(I) of such act in that year, and (B) 700 immigrant visa
numbers shall be deemed to have been previously issued to
natives of that foreign state under section 203(B)(5) of
such act in that year.

      (3) APPLICABLE FISCAL YEAR.-
          (A) IN GENERAL.-In this subsection, the term
"applicable fiscal year" means each fiscal year during
the period-
              (i) beginning with the fiscal year in which the
application period begins; and
              (ii) ending with the first fiscal year by the
end of which the cumulative number of aliens counted for
all fiscal years  under subparagraph (B) equals or exceeds
the total number of aliens whose status has been adjusted
under section 245 of the Immigration and Nationality Act
pursuant to subsection (a).
          (B) NUMBER COUNTED EACH YEAR -the number counted
under this subparagraph for a fiscal year (beginning during
or after the application period is 1,000 plus the number
(if any) by which (I) the immigration level under Section
202(A)(2) of the Immigration and Nationality Act for the
People's Republic of China in the fiscal year (as reduced
under this subsection), exceeds (II) the number of aliens
who were chargeable to such level in the year.
        (E) APPLICATION PERIOD DEFINED - In this section, the
term "applicable period" means the 6-month period beginning
July 1, 1993.

(Bill end here)
=========================================================

                        BILL-DIGEST:
     Chinese Student Protection Act of 1992 Sets forth the
following rules for certain Chinese (student) nationals who
apply for adjustment to lawful permanent resident (immigrant)
status under the Immigration and Nationality Act during the
six-month period beginning July 1, 1993:
     (1) such aliens shall be deemed to have had an approved
petition for employment-based admission;
     (2) such aliens shall be exempt from provisions
regarding visa number availability, numerical levels,
labor certification, entry document requirements, and
the two-year home country residence requirement; and
     (3) the Attorney General may waive other grounds for
excludability (except for certain criminal and security
grounds) for humanitarian or family reasons, or if
otherwise in the public interest.

     Applies such provisions to nationals of the Peoples
Republic of China (PRC) described in a specified Executive
Order who have resided continuously in the United States
since April 11, 1990, and who were not present in the PRC
for more than 90 days after such date and before the date of
enactment of this Act.  Makes such status adjustment
provisions inapplicable if the President determines and
certifies to the Congress before the application period that
conditions in the PRC permit the aliens' safe return.
Directs the Attorney General to disseminate status adjustment
information to the aliens if the President does not make this
determination. Reduces annual PRC immigrant visas to offset
status adjustments under this Act.