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UNDER PRESENT IMMIGRATION RULES, A VISA APPLICANT WHO REACHES THE TOP OF THE LIST CAN SIT ON HIS ENTITLEMENT INDEFINITELY WITHOUT HAVING TO TAKE UP THE VISA, PROVIDED HIS BENEFICIARY REMAINS QUOTE ALIVE UNQUOTE (IE EITHER LITERALLY IN THE CASE OF A RELATIVE, OR FIGURATIVELY IN THE CASE OF A JOB OFFER). THE FRANK AMENDMENT WOULD HAVE THE SLIGHT ADVANTAGE OF ENABLING PETITIONERS TO TAKE UP THEIR VISAS AND HAVE THEM IN HAND, BUT IF THEY DID NOT USE THEM FOR SOME TIME THEY WOULD NEED TO REVALIDATE THEM AGAIN BEFORE USE - IE PROVE THAT THEIR ELIGIBILITY HAD NOT ALTERED AND THAT THE BENEFICIARY WAS STILL ALIVE.
5. ROGERS ARGUED THAT US IMMIGRATION RULES TENDED TO FAVOUR THOSE WITH A VESTED INTEREST IN LEAVING HONG KONG RATHER THAN STAYING. IT WOULD BE DIFFICULT, FOR EXAMPLE, FOR A COMPUTER PROFESSIONAL TO SECURE A VISA AND THEN SIT ON IT, BECAUSE IN ORDER TO QUALIFY HE WOULD NEED A BENEFICIARY COMPANY IN THE STATES WILLING TO CONFIRM THAT THEY NEEDED HIM, AND IF THEY DID, THEY WOULD BE UNLIKELY TO WANT TO WAIT. IT WAS HARD TO SEE THEREFORE HOW THE MORRISON BILL AND FRANK AMENDMENT WOULD FURTHER THE AIMS OF SECURING RIGHT OF ABODE IN THE USA FOR HONG KONG PEOPLE WITHOUT REQUIRING THEM TO LEAVE THE TERRITORY.
6. ROGERS SAID THE ADMINISTRATION HAD NOTED STATEMENTS BY BRITISH MINISTERS EXPRESSING SUPPORT FOR MORRISON/FRANK AND WONDERED IF WE WERE WEDDED TO THESE PROPOSALS. I SAID THAT OUR SUPPORT HAD BEEN BASED ON THE ASSUMPTION THAT THESE MEASURES WOULD PROVIDE THE KIND OF ASSURANCE WE HAD BEEN LOBBYING FOR. IF THAT WERE NOT THE CASE WE MIGHT WISH TO RECONSIDER OUR POSITION. ROGERS SAID THAT GIVEN THE BASIS OF US GLOBAL IMMIGRATION POLICY REFERRED TO ABOVE, MORRISON/FRANK MIGHT WELL PROVE TO BE THE BEST CONGRESS COULD DO. BUT WE SHOULD AT LEAST BE AWARE OF THE POSSIBLE DRAWBACKS.
7. GRATEFUL IF YOU COULD SEEK CLARIFICATION OF THESE POINTS FROM YOUR CONTACTS IN STATE. WE NEED TO KNOW WHETHER THE MORRISON/FRANK PROPOSALS WILL PROVIDE THE ASSURANCE WE ARE SEEKING, AND IF NOT, WHETHER THERE IS ANY PROSPECT OF A BETTER ASSURANCE EMERGING. WE HAVE PROVIDED A BRIEF FOR THE SECRETARY OF STATE TO RAISE THIS ISSUE WITH VICE PRESIDENT QUAYLE WHEN HE IS HERE ON 8/9 MAY. GRATEFUL FOR URGENT ADVICE ON WHETHER WE NEED TO MODIFY OUR LINE.
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