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”

Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?

A reader asks:

I am a student at the University of … with an F-1 visa. I’m a senior. I will be applying for optional practical training (OPT) work authorization. Hope to find an employer to sponsor me for an H-1B visa and a green card. I heard that a green card application can be denied if the applicant has belonged to an organization “affiliated with” the Communist Party.  If that’s true, could membership in the Chinese Students and Scholars Association be a problem?

Continue reading “Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?”

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”

Internship Opportunity: U.S. Immigration Law (Beijing, Shenyang, or Shanghai)

job_openingWe are currently recruiting for internship positions for Summer and Fall 2018

Our law firm has an internship opportunity in the Beijing, Shenyang, or Shanghai office. The intern will assist our lawyers and staff with projects related to U.S. visa, permanent residence, and nationality law. Continue reading “Internship Opportunity: U.S. Immigration Law (Beijing, Shenyang, or Shanghai)”

“Alias Certificates” Required from Immigrant Visa Applicants at the U.S. Consulate in Guangzhou

The latest Immigrant Visa Instructions published by the U.S. Consulate in Guangzhou on Nov. 24, 2017, require that an applicant who has “ever used another name or alias on legal documentation or for other official purpose must provide a certified alias certificate” (别名证明文件). Continue reading ““Alias Certificates” Required from Immigrant Visa Applicants at the U.S. Consulate in Guangzhou”

“Administrative Processing”: a Black Hole for Visa Applicants

For the uninitiated, “administrative processing” is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration and Nationality Act no visa can be issued until additional administrative processing has been completed. Continue reading ““Administrative Processing”: a Black Hole for Visa Applicants”

Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among the strategies. If I’ve left out any important factor, let me know in the comments. Continue reading “Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?”

Death by a Thousand Cuts: Naturalization Backlogs

The Trump administration’s war on immigration has included an array of tactics. There have been full frontal assaults, such as the Muslim ban, cancellation of DACA, the border wall, and the RAISE Act. Simultaneously, the Trump administration is using the tactic of death by a thousand cuts: numerous assaults in the administrative agencies and courts intended to make immigration slower, more expensive, and painful. Here’s but one example. Continue reading “Death by a Thousand Cuts: Naturalization Backlogs”

Death by a Thousand Cuts: Evisceration of the Foreign Service

The Trump administration’s war on immigration has included an array of tactics. There have been full frontal assaults, such as the Muslim ban, cancellation of DACA, the border wall, and the RAISE Act. Simultaneously, the Trump administration is using the tactic of death by a thousand cuts: numerous assaults in the administrative agencies and courts intended to make immigration slower, more expensive, and painful. Here’s but one example. Continue reading “Death by a Thousand Cuts: Evisceration of the Foreign Service”

Guide to Acquisition of U.S. Citizenship by Birth Abroad

Our newest publication is now available: Guide to Acquisition of U.S. Citizenship by Birth Abroad covers the legal requirements for a child born abroad to automatically acquire U.S. citizenship at birth, as well as the procedures to apply for a U.S. passport, consular report of birth abroad (CRBA), and/or U.S. Citizenship and Immigration Services (USCIS) Certificate of Citizenship. Continue reading “Guide to Acquisition of U.S. Citizenship by Birth Abroad”

What Counts as an American Institution of Research or International Organization for Purposes of Expeditious Naturalization?

You may qualify for expeditious naturalization in the United States if your U.S. citizen spouse is employed abroad by a listed American research institution or international organization.

Check out the below lists to see if you may qualify. Then, for more on expeditious naturalization, see here. Continue reading “What Counts as an American Institution of Research or International Organization for Purposes of Expeditious Naturalization?”