Chinese Student Protection Act of 1992
PL 102-404 (S.1216), enacted 10/09/1992

PUBLIC LAW 102-404—OCT. 9, 1992 
106 STAT. 1969 
Public Law 102-404 
102d Congress 
An Act 
To provide for the adjustment of status under the Immigration and NationaUty 
Q . „ IQQO 
Act of certain nationals of the People's Republic of China unless conditions permit 
' ' 
their return in safety to that foreign state. 
Lo. IzlbJ 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
S*^^P^^5 Student 
' 
° 
Protection Act of 
SECTION 1. SHORT TITLE. 
1992 
„ _ 
8 u s e 1255 note. 
This Act may be cited as the "Chinese Student Protection 
Act of 1992". 
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF 
8 USC 1255 note. 
CERTAIN NATIONALS OF THE PEOPLE'S REPUBLIC OF 
CHINA. 
(a) IN GENERAL.—Subject to subsection (c)(1), whenever an 
ahen described in subsection (b) apphes 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 avEiilable 
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 Greneral may waive any other provi-
sion 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 other-
wise 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. 
106 STAT. 1970 
PUBLIC LAW 102-404—OCT. 9, 1992 
(c) CONDITION; DISSEMINATION OF INFORMATION.— 
(1) NOT APPLICABLE IF SAFE RETURN PERMITTED.—Sub-
section (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 NationaUty 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 Peo-
ple'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 (begin-
ning during or after the application period) is 1,000, plus 
the number (if any) by which (i) the immigration level 
PUBLIC LAW 102-404—OCT. 9, 1992 
106 STAT. 1971 
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. 
Approved October 9, 1992. 
LEGISLATIVE HISTORY—S. 1216: 
HOUSE REPORTS: No. 102-826 (Ck)mm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
May 21, considered and passed Senate. 
Aug. 10, considered and passed House, amended. 
Sept. 23, Senate concurred in House amendment.