CHINESE STUDENT PROTECTION ACT OF 1992
Public Law 102–404
CHINESE STUDENT PROTECTION ACT OF 1992
404
102–404
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
Chinese Student Protection Act of 1992
1364
102
1992-10-09
CHINESE STUDENT PROTECTION ACT OF 1992
[(
Public Law 102–404
,
October 9, 1992
)]
[This law has not been amended]
[Currency: This publication is a compilation of the text of Public Law 102–404. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SECTION 1.
[8 U.S.C. 1255 note]

SHORT TITLE.
This Act may be cited as the “Chinese Student Protection Act of 1992”.
SEC. 2.
[8 U.S.C. 1255 note]

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)(3)(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 determining 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 any other provision of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of 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 interest.
(4)
The numerical level of section 202(a)(2) of such Act shall not apply.
(5)
Section 245(c) 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 in 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 availability of appropriations, immediately broadly disseminate to aliens described in subsection (b)(1) information respecting the benefits available 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 “application period” means the 12-month period beginning July 1, 1993.