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Chinese Student Protection Act (1992)

1992

Legislated in response to the brutal Chinese government crackdowns on student protests in Tiananmen in 1989, this law permitted Chinese students living in the United States to gain legal permanent status.

Resources

Congress Resources

Discussion Questions

Why did Congress extend these protections to Chinese students?

How many Chinese nationals gained permanent status through this law?

What might have happened to Chinese students if this protection was not legislated?

 

Summary

Legislated in response to the brutal Chinese government crackdowns on student protests in Tiananmen in 1989, this law permitted Chinese students living in the United States to gain legal permanent status. About 50,000 Chinese were able to remain in the United States in this way.

Source

–S.1216– S.1216 One Hundred Second Congress of the United States of America

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 . . . .

ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE’S REPUBLIC OF CHINA.

(2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed . . .

(B) the Attorney General may waive any other provision  . . . 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 . . . .

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 . . . (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 . . . .

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