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MINOR VISA CHANGES RESULT FROM MACAU’S REVERSION TO CHINA

On December 20, 1999, Macau, a Portuguese colony for the past 442 years, will be formally transferred to Chinese control.  This transfer will, of course, have an impact on immigrating to the US.

The Macau Special Administrative Region (MSAR) will issue passports and travel permits.  Passports will be issued to people with the right to abode in Macau; others will receive a travel permit.  Both of these documents identify the bearer as a Chinese national, but also indicate the bearer’s right to permanently reside in Macau.  The State Department believes that MSAR will continue to allow US citizens to enter without a visa, and will continue to give reciprocity for holders of MSAR passports and travel permits.

The largest immigration impact of the transfer will be on the issuance of immigrant visas.  Despite pending legislation to address the situation, when Congress recessed this year they failed to create a new chargeability category for Macau.  So now, instead of being charged to Portugal, immigrants from Macau are charged to China.  For the Diversity Visa lottery this change has the effect of eliminating Macau natives from eligibility since China is usually excluded from the program.  Winners of the lottery from Macau must have had their applications processed before December 20.  The National Visa Center flagged winning entries from Macau in the DV-99 lottery for immediate processing, so there should be no negative impact due to the transfer.  However, natives of Macau who entered the DV-2000 and DV-2001 lotteries are no longer eligible for selection.

The situation with regard to other immigrant visas looks favorable for natives of Macau right now, as there is no backlog for China.  However, the backlogs are almost certain to return, and in that case, Macau natives would suffer from the imposition of cut-off dates if legislation addressing the situation is not passed.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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