Congressional Report Raises Concerns: Could Chinese Students and Scholars Association Members Be Denied Green Cards?

A new Congressional report asserts that Chinese Students and Scholars Associations (CSSAs) at U.S. colleges appear to be directly subordinate to and receive political direction from the Chinese Embassy and consulates. This report raises concerns: could the U.S. government deny green cards to CSSA members?

The report, entitled China’s Overseas United Front Work: Background and Implications for the United States (Aug. 24, 2018), was prepared by staff of the U.S.-China Economic and Security Review Commission, a bipartisan commission made up of 12 congressional members. Continue reading “Congressional Report Raises Concerns: Could Chinese Students and Scholars Association Members Be Denied Green Cards?”

What Type of China Birth Certificate Is Required for U.S. Immigration?

If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a China birth certificate. That’s true regardless of whether you are filing a Form I-485, Application to Adjust Status, with USCIS or are applying for an immigrant visa at a U.S. consulate abroad. Both agencies look at specifications in the State Department’s Reciprocity Schedule for what type of birth certificate is required. The Reciprocity Schedule was updated on Apr. 4, 2016. It now states:
Continue reading “What Type of China Birth Certificate Is Required for U.S. Immigration?”

Can I Visit the U.S. While Waiting for My Immigrant Visa?

 

Here’s a question I’m often asked:

I am married to a U.S. citizen. He has started the process for me to get a green card by filing a Form I-130, Petition for Alien Relative. Once it’s approved by USCIS, I will apply for an immigrant visa at the U.S. Embassy in my home country. Can I visit America while I’m waiting to immigrate? I currently have a valid B1/B2 (visitor for business or pleasure) visa.

Continue reading “Can I Visit the U.S. While Waiting for My Immigrant Visa?”

Guide to Reentry Permits

If you are a U.S. lawful permanent resident (LPR), there are at least three situations where applying for a reentry permit may be beneficial: (a) if you will be abroad for one year or more; (b) if you will be abroad for more than six months for two consecutive years; and (c) if you have been warned by U.S. Customs and Border Inspection (CBP) officer that you are at risk of abandoning your permanent resident status. Continue reading “Guide to Reentry Permits”

Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat

I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this:

I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa twice, once before and once after we married. We rent an apartment here, she has her own business, and I am employed as an engineer for Ford. We don’t want to apply for a green card because we plan to continue to live in China for the foreseeable future. We just want to visit the U.S. For the first visa application, I wanted to introduce my then fiancée to my parents. (My father has since passed away). For the second visa application, I wanted to bring my wife to Boston to attend my brother’s wedding. Is there anything you can do to help?

Continue reading “Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat”

More Chinese Student Visa Applicants Will Be Subject to Security-Related Delays

A State Department official has spoken on background to the Associated Press, saying that more Chinese applying for F-1 visas as graduate students in fields related to science and technology will need “special clearance from multiple U.S. agencies” and that such clearances are “expected to take months for each visa application.” Other nonimmigrant visa applicants seeking to visit or work in the U.S. who have backgrounds in science or technology may be subject to the same security checks. Continue reading “More Chinese Student Visa Applicants Will Be Subject to Security-Related Delays”

AmCham China Addresses U.S. Visa Policy in 2018 White Paper

2018 is a historic year for American companies operating in China: as China marks its 40th anniversary of economic reform and opening, AmCham China is issuing the 20th edition of its American Business in China White Paper. This paper is a comprehensive assessment of the operating environment for foreign companies in China.

It was a pleasure to participate in drafting the chapter on U.S. visa policy, which discusses the following topics:

  • Controlling nonimmigrant visa appointment waiting times in China
  • USCIS international entrepreneur rule
  • Subjecting EVUS registrants to questions about social media use
  • Inadequate annual H-1B visa cap
  • Barriers to permanent residents taking assignments abroad
  • Need for a Global Entry enrollment center in Beijing

To read the Visa Policy chapter, see here. To read the entire White Paper, see here.

Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration

The Trump Administration intends to crack down on F-1 students and J-1 exchange visitors who violate the terms of their status. Under a new policy, effective August 9, 2018, even a minor, unintentional violation could trigger “unlawful presence.” Remaining in the U.S. for too long after such a violation could result in being barred from returning to the U.S. for 3 or 10 years, depending on the circumstances. Students and exchange visitors need to learn what activities trigger unlawful presence and what remedial steps to take after a violation. Continue reading “Students and Exchange Visitors Face Harsh New “Unlawful Presence” Rule from Trump Administration”

LPR Living with a Citizen Spouse Employed Abroad by an American Company: Any Risk of Abandonment?

Karen writes to ask:

I am a U.S. green card holder, but I live in Asia with my husband, who is a U.S. citizen employed here by an American company. Is there any risk that I may unintentionally lose my LPR status because I am spending too much time outside the U.S.?

Our law firm is often asked by lawful permanent residents (LPRs) about how to preserve their status while abroad for a variety of reasons, such as work, study, caring for an ill relative, etc. General information about this can be found here: Green Card Holders Staying Abroad Over 6 Months Risk Abandonment.

In cases similar to yours, Our firm has argued successfully to U.S. Customs and Border Protection (CBP) at ports of entry and to Immigration Judges in deportation proceedings that even an indefinite stay abroad does not result in abandonment if for purposes of accompanying a U.S. citizen spouse employed abroad by an American company. Continue reading “LPR Living with a Citizen Spouse Employed Abroad by an American Company: Any Risk of Abandonment?”

AP: Potential Visa Sanctions on Chinese Officials Over Xinjiang Abuses

 

Gerry Shih reports for the AP today that the U.S. government may pursue sanctions on Chinese officials involved in human rights abuses in the western region of Xinjiang. Shih has recently reported elsewhere on a sweeping security crackdown in the region. 

Acting Deputy Assistant Secretary of State Laura Stone said Wednesday that the U.S. was deeply concerned about China’s detention of at least “tens of thousands” of ethnic Uighurs and other Muslims and could take action under the 2016 Global Magnitsky Act.

Beijing has defended its crackdown as a “People’s War on Terror” and a necessary move to purge separatist and religious extremist elements from Xinjiang, a vast region with more than 10 million Muslims. But an extrajudicial detention program has swept up many people, including relatives of American citizens, on ostensible offenses ranging from accessing foreign websites to contacting overseas relatives.

Speaking to reporters in Beijing, Stone said the U.S. was particularly concerned about the detained family members of six journalists — four U.S. citizens and two U.S. permanent residents who have reported on Xinjiang — working for Washington D.C.-based Radio Free Asia.

“The information we have, including about detention centers, paints a disturbing picture,” Stone said. “We will continue to raise our concerns with the Chinese government and call for legal due process in the detention of any citizens.”

According to Shih, Sen. Marco Rubio of Florida and Rep. Christopher H. Smith of New Jersey, Republican leaders of the Congressional-Executive Commission on China, have asked the U.S. ambassador to Beijing, Terry Branstad, to visit the region and collect information on Xinjiang officials responsible for the mass detention policy.

The Global Magnitsky Human Rights Accountability Act allows the U.S. government to place travel and financial restrictions on individuals anywhere in the world given credible proof of their role in human rights violations or corruption. In Dec. 2017, President Trump enforced the Act for the first time by designating 52 people and entities as subject to sanctions. This included a Chinese police official who oversaw the Beijing detention center that held Cao Shunli, a human rights activist who died in custody. Human Rights Watch applauded Trump’s action.

The law is named after whistleblower Sergei Magnitsky, who was imprisoned and murdered in 2009 by Russian authorities after exposing a large-scale fraud.

The President may lift the application of sanctions under the Act upon a determination either that the person did not engage in the activity for which sanctions were imposed or that the person has already been sufficiently punished and is unlikely to engage again in such activity.

Choosing Between U.S. and Chinese Citizenship: Pros and Cons

Are you in a position where you need to choose between U.S. and Chinese citizenship? For example, are you a U.S. green card holder from China considering applying for naturalization in the U.S.? Or are you a person who automatically acquired both Chinese and U.S. citizenship at birth but is now considering renouncing Chinese citizenship? The below table lists some specific factors to consider. Continue reading “Choosing Between U.S. and Chinese Citizenship: Pros and Cons”

Americans Scrambling to Submit Immigrant Petitions for Relatives

Facing a proposed law that slashes family-based immigration, Americans are scrambling to law firms to petition for visas for loved ones abroad to come here. NPR reports that President Trump wants Congress to limit the number of family members who Americans can sponsor to join them in the United States. The proposal has caused panic in some communities. Continue reading “Americans Scrambling to Submit Immigrant Petitions for Relatives”

National Vetting Center Established by Trump Administration

A new National Vetting Center is being established pursuant to National Security Presidential Memorandum 9, signed by President Trump on February 6. The Center will coordinate the way agencies use biographic, biometric, and other data used to vet applicants for visas, admission to the United States, and immigration benefits, and in enforcement and removal (deportation) actions. The Center will be housed within the Department of Homeland Security (DHS). Continue reading “National Vetting Center Established by Trump Administration”

U.S. Consulate in Shenyang on Pro Forma Visas for Dual Nationals

For a child born in China with dual U.S. and China nationality, there are various options for documents allowing departure from the country. The trick is that you need to show the immigration inspector in the airport both a travel document issued by the Chinese government and a visa or other document to enter your next destination. Continue reading “U.S. Consulate in Shenyang on Pro Forma Visas for Dual Nationals”