The Nepal Digest - Jan 20, 1995 (6 Magh 2051 BkSm)

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The Nepal Digest Friday 20 Jan 95: Magh 6 2051 BkSm Volume 35 Issue 12

  Today's Topics:

        1. Guest Coloumns
                 BooK Reviews - Attitudes
 
        2. TAJA_KHABAR
                 News From Nepal

        3. KURA_KANI
                 Religion - Re: Budhha
                 Politics - Re: Nepal Human Rights USA
                 Education - Re: BudhanilKanta
                                Re: F2 Visa Denial
                 Society - Re: Matrimonial Okay

        4. JAN_KARI
                 Matrimonials
                 Yatra_Barnan - Nepal
                 Immigration - Visa Lottery

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********************************************************************* Date: Tue, 17 Jan 1995 08:51:19 EST To: A10RJS1@cs.niu.edu (rajpal singh) From: ponta@sas.upenn.edu (Pratyoush R. Onta) Subject: Re: your mail

Review of the first issue of a new bimonthly magazine published from Kathmandu. This was published in the Kathmandu Post 13 November 1994. Reading Attitudes

by Pratyoush Onta

The ad announcing its arrival says it all. "The Decade - The 90's. The Nepalese media - dominated by political, economic and other depressing issues. The question - are things really that bad? We at ATTITUDES think differently. Life is beautiful, it is to be celebrated. The trees, the birds, the hills and valleys .... People in love, your favourite T.V. programmes, ... Celebrities at home and abroad, 'tu cheez badi hai mast mast'...." With this description comes the maiden issue of Attitudes, a bi-monthly "happy magazine" that is about "love, life and you."

The cover shows Arzu Rana Deuba with her man, Sher Bahadur Deuba. As she hugs him, her face seems transfixed in ecstasy; his face, in turn, shows a forced, almost non-existent smile, suggesting perhaps that he is uncomfortable with such public display of affection. After pages of miscellaneous notes - including a list of 'ten things every man in love should have' - we come to the cover story, "First Among Equals" by the editor Rabindra Giri. The text is interspersed with photographs of the Deubas in love, the sartorial elegance of Sher Bahadur being particularly noteworthy. Arzu,
"a woman of substance" finds politics per se, uninteresting. Issues like environmental degradation and social problems (which remain unspecified) supposedly concern her the most. A workholic who has traversed the vicissitudes of both personal and professional life, she is described as a
"woman who's independent, self assured yet emotional and sensitive." The
'yet' in the sentence reminds this reader that we are miles away from superceding the language of gender stereotypes. Marriage, Arzu tells us, is bliss. He, while admitting that what he is today "is because of politics" apparently doesn't bring politics home. Instead they discuss
"philosophy, poetry and bed-time stories." Sher Bahadur tells us that he
"intends to take her on a holiday, far away from everything." One is left wondering whether that will come immediately after the elections and before another round of Congress tamasha begins !

Two substantial articles come from the pen of Narayan Wagle. In my opinion, Wagle's critical reportage and subtle observations on cultural production in Nepal (especially Nepali films) - as evident in the pages of Kantipur - makes him one of the best reporter-cultural analysts of my generation. Venturing to write in English here, Wagle provides an interesting profile of anthropologist Dor Bahadur Bista, author of Fatalism and Development, among other things. Yet when Bista claims that, in helping Jumlis regain their confidence over the last three years he is implementing what he has written, it feels as though Wagle lets him off easily, preferring instead to focus on Bista's observations about sexual behaviour across different communities in Nepal. Wagle's second contribution, a travel account to Gosainkunda, unfortunately is short on the kind of vintage-Wagle subtlety that this writer has come to expect from him.

A tete-a-tete with writer Greta Rana reveals interesting facets of her work and life in Nepal. It also reveals that associate editor, Chandani Thapa, went to this conversation without having done any homework on Rana's corpus. Clothes of the 'bold and beautiful' variety designed by Dolly Gurung, an insipid article entitled "How to be Clint [Eastwood]," and a report on the Miss Nepal '94 contest together take up ten pages. A tribute to the late artist R. N. Joshi, cameo news-items from all over the place, tips to save your job, health titbits, recipes, and reviews fill in other pages. In "Dashain Blues" we are told "Don't give in to your wife's demands for jewellery" which suggests that this entire list of
'Attitudinal DOs and DON'Ts' was written with the unacceptable male = provider equation in mind. The layout is admirable and the production quality excellent. Except for the fashion photographs by Pradeep Yonzon, all the others appear without credits. Are we to suppose that they were all taken by Bikas Rauniyar?

This magazine is clearly targeted for a select audience among members of the "First Nepal" who are thoroughly familiar with the English language and whose worlds are made up of Nepalis noted above and other icons such as Michael Jackson, Schwarzenegger, Sunjay Dutt, Agassi, Eastwood, the Rolling Stones, Jethro Tull, and Pink Floyd. The contents that go in the production of what is claimed to be a "happy magazine" assume prior familiarity with these names and the cultural worlds they embody. For instance the titbit "Color Trouble" - with the first word spelt without the 'u' as is customary in the US - in which computer graphics make a
'white' Jackson and a 'black' Schwarzenegger can only look not stupid if one knows something about the viciousness of racism in America. The fashion tips and suggestions for health improvement assume a lifestyle taken for granted in metropolitan US and one that increasingly seems to appeal to those aspiring for dominant membership in the First Nepal. The magazine's contents are evidence of the fact that the imagination of these people is now fired by icons from the audio-visual entertainment industry, international sports, and the world of beauty pageants.

Clearly borrowing both form and substance from other "don't worry, be happy" glossies that now emanate not only from the Euro-American print-media worlds but also from India, it is unclear if and how Attitudes will intervene in the collective imagination of those aspiring for membership in the First Nepal. I agree with the editors when they say life needs to be celebrated. However, in trying to avoid critical appreciation of life, this magazine partakes of a strand of postmodern aesthetics which defers meaningful political engagement endlessly. The danger is that such uncritical celebration can soon become vapid in the extreme. Critical appreciation of our landscape, of celebrities at home and abroad, of people in love, and what have you, is an acceptable form of cultural analysis but descriptive narratives that simply cultivate a culture of spectatorship cannot produce a competent, happy Nepal. To be socially relevant, any celebration cannot but come to terms with our realities, the Second Nepal, if you will.

Let me just point out some examples. The excessive coverage of the stellar SLC performance of Garima Rana (yes she wants to be a lawyer and not a doctor or engineer!) which is continued in this magazine avoids a frontal confrontation with the colossal waste of human resources that is represented in the 67% average SLC failure rate over the last 20 years. A new sensibility of sexuality increasingly dominant here continues to make women's bodies the site of both conspicuous display and lustful male gazes. Even as the pageant organizers claimed that female bodies were not what were been judged, the responses given by contestants in Miss Nepal
'94 are testimony to the fact that when it comes to investing on display of the body and the empowerment of the mind, it is the former that has received more attention from members of the First Nepal. One recalls here what one contestant said about the kind of man she would want to have
("Civilization and ...") and how the woman who compred the show mistranslated judge Dolly Gurung's question to one contestant - "What are the advantages of being born Nepali?"- as "What are the advantages of being a bold Nepali?" I refuse to believe that these are results of bad acoustics. They to me represent what happens when you let imported imaginations run amok inside you, when you invest more on the pomp of the modern and not on your competence to handle it. A celebration of Miss Nepal '94 without noting these realities in our midst is misplaced.

Our country is beset with extreme forms of injustice. The resources that provided Arzu Rana and Garima Rana their educational competence are unfortunately not available to an obviously talented Binda Adhikari
('Ujeli' in the rightfully acclaimed telefilm by the same name). Despite the efforts of the Ujeli Help Unit to help Binda - necessarily an act to celebrate as Attitudes does - it is irresponsible to forget the lot of thousands of Bindas that make up our Second Nepal. Yet in removing the subject from the arena of critical discussion (because, face it, it is depressing), Attitudes asks us to participate in an act that fosters collective amnesia about our Second Nepal. Therefore the way in which this magazine wants to celebrate 'love, life and you' is in itself, to me, one depressing symptom of the malaise that has infested our First Nepal. There are miles to go, on every conceivable front, before we can begin to truly celebrate. And depressing issues should challenge us to empower our minds appropriately and not let our bodies just become the sites of various desires.

********************************************************************** Date: Wed, 18 Jan 1995 13:57:58 -0500 From: rshresth@black.clarku.edu (RaJesh B. Shrestha) To: nepal@cs.niu.edu Subject: Past Buddhas/Shakyas: Questions

Cross-posted from SCN:
--------------------- Sridhar(guest@PROBLEM_WITH_INEWS_GATEWAY_FILE) wrote:
    What is the point of this posting? Are you trying to hint that
    the Brahmin caste has some in-built characteristics due to which
    Buddha is born as a Brahmin? Or are you trying to hint that though
    Buddhism is purportedly against Brahmins, the Buddha does not have
    problems with Brahmins?

txs89378@bonsai.egr.uh.edu (Tariq Siddiqui) asked:
   
   Will any of the Buddhas be born a Shudra?

sarangan@mecca.pilgrim.umass.edu (Luke SkyWalkerIII) wrote:

    I read some where that Buddha said, Buddha's will be born in the
    highest family of the highest caste at the time of his birth. So,
    if Shudra's are the highest caste at the time of his birth...why not?
    NO, I am not a Buddhist...just that I had time to read
    some of 'em Buddhist books...

an172784@anon.penet.fi (Jaundice D'Mello) wrote:

   That Gautam Buddha was the "25th" Buddha, that there's going to be
   "another" Buddha ... all these seem to be afterthoughts. Who's
   afterthoughts? Well, that's mighty clear.
   The Shakyas were Sycthians and Lord Rama's dynasty was Aryan. In fact, I
   find it really surprising that the Buddha is often referred to as a
   Kshatriya.

1. Buddhism has a different definition of Brahmin etc. The varnas are by quality.

2. The road to Buddhahood takes many, many generations. The bodhisatva may be born as a person or an animal. In the final birth, the stage is set for the Buddha to proclaim Dharma. It is thus destined (according to Buddhist texts) that he will be born as a Brahmin or a Kshatriya
(and in Jambudvipa) whoever is dominant.

3. My purpose is to point out that many well known "facts" regarding the
"Hinduism"-Buddhism relationship are actually incorrect.

4. Shakyas were definitely not Sycthians ("Shaka").

5. Monuments to past Buddhas once existed. A piller erected by Ashoka near a stupa to Konakamana exists (stupa has not been located since the piller was removed from the original site.) There is considerable evidense to show that Gautam Buddha and Mahavira (24th Jina) were part of an existing

********************************************************************** Date: Wed, 18 Jan 1995 12:53:51 -0500 From: rajendra@coos.dartmouth.edu (Rajendra P. Shrestha) To: nepal@cs.niu.edu Subject: News1/15-17

January 15
--------------------------------------------------------------- Employees of Nepal Bank Limited go on Strike

Excerpts from Xinhua and UPI reports

   Employees of the Nepal Bank Limited, the largest bank in the country, launched a 3-day strike starting from sunday, demanding for the implementation of their agreement with the management on august 24 last year. all regional and branch offices of the bank including its central office remained locked throughout sunday. according to the august 24 agreement, the bank management agreed to increase the salary and allowances of the bank employees in addition to a package of housing loans and increased pension amounting to ten years' salary of an employee. however, the management committee after a meeting saturday withdrew from its earlier commitment, expressing its inability to implement the agreement without government approval and proposing a new package of incentives which the bank employees refused to accept. The bank is 51 percent by the government. Last month, the communist government in its revised annual budget to Parliament gave nearly 200,000 government employees a $5 bonus.

   The strike was organized by the nepal financial institution employees association which also said the 3-day strike would be followed by a hunger strike. its rival organization, the nepal bank central employees union, disagreed with the present action of locking out the bank offices and called on employees of the bank to unite and participate only in programs of action launched by the union central committee.
--------------------------------------------------------------------

Fate of Arun-3 Hangs in Balance

By Shusham Shrestha in Kathmandu for AFP

   Despite eight years of planning and millions of dollars spent in studies,Nepal's largest-ever infrastructure project still hangs in the balance.

   The 800-million-dollar Arun III hydropower project, first conceived in 1987, has become the most widely studied project in the country's history, with large amounts of money spent on environmental impact studies and paying compensation to displaced locals in the Arun Valley 300 kilometres (187 miles) east of here.

   But it is no closer to getting off the ground even though the country desperately needs the 201 megawatts the project will be able to generate.

   The project has become shrouded in controversy, with charges of huge payoffs to members of the Nepali Congress government which was voted out of power in November and complaints that the electricity produced by the project would be some of the most expensive in the world, and a luxury most Nepalese cannot afford.

   The project has also come under criticism from environmentalists, who say the proposed 65-metre (200-foot) high dam will be extremely vulnerable to a freezing river as it flows from Tibet across the Himalayas.

   Some virgin forests in the Makalu-Barun national park also face destruction to make way for a 117-kilometre (73-mile) access road to the dam site.

   But there are not just local concerns, as political problems have also surfaced according to some sources.

   The high energy yield from Arun would make Nepal relatively energy independent, something India does not want, according to Dr. Binayak Bhadra, a former National Planning Commission (NPC) member.

    Nepal's current power output was less than 300 mw, but has enormous hydropower potential, estimated at 83,000 mw, second only to Brazil.

   As an NPC member Bhadra was an advisor to the Nepali Comgress government on the project. He resigned when they lost power.

   India has been using Nepal's energy needs as a form of political leverage and is concerned that the building of major hydro-electric plants here will mean that Kathmandu no longer needs to depend on New Delhi for the small- and medium-sized power projects currently under planning, political observers said.

   Some observers here also believe that India is concerned that improved energy output will enable Nepal to substantially boost its industrial capacity which would alter the current trade situation between the two.

   The new Nepal Communist Party-United Marxist and Leninist (NCP-UML) government had alleged while in opposition that Nepali Congress government members received payments from agents over the project and demanded that the project be discussed and approved by parliament, not just the government.

   The World Bank, the biggest contributor to the project supplying 170 million dollars in a soft loan, has been accused of being motivated by donor-driven interests, putting harsh terms on the recipient country.

   An independent World Bank evaluation team has stated in a recent report that the Bank management had failed to comply with its policy guidelines on Arun. Other major contributers are the KFW Bank of Germany, Asian Development Bank, Japan and Sweden.

   The new government has said it will review the project, while Minister for Water Resources Hari Prasad Pandey has said the cost of the project could be brought down by 120 million dollars.

   The minister is scheduled to visit the World Bank headquarters in Washington later this month, where he is expected to insist on slashing the cost of the project.
----------------------------------------------------------------- Nepali Ambassador meets protesting workers in Seoul

Excerpts from South Korean News Agency (via BBC)

   The Nepalese ambassador to Tokyo, Purushottam Lal Shrestha, who also serves as the ambassador to Seoul, flew into Seoul today and met with 13 Nepalese workers who have been staging a sit-in protest in front of a Church in Seoul for the past seven days demanding return of their passports, wage payment incash and treatment according to Korean Labor law. The ambassador said that he would discuss the situation with the South Korean government. Earlier, the ambassador visited the Korean Federation of Small Business in Yoido and told federation officials his government would call back the workers home as soon as his negotiations with the Korean government are completed. The federation made arrangements for the workers'training and employment in Korea.
------------------------------------------------------------------

 January 16
----------------------------------------------------------------- WHO aids Nepal

The World Health Organization (WHO) has promised to continue its aid to nepal for launching various health programs in 1995. In an agreement signed between WHO and the Nepali government today, the organization has agreed to provide a total of 1.65 million us dollars for 25 projects on intensified health development action, disease control, continued development of the health system, enhanced support to the integrated national food and nutrition program. (Xinhua)
-----------------------------------------------------------------

India advises bilaterial discussions to resolve refugee crisis

Excerpts from Iranian News Agency report (via BBC)

   India has advised Nepal and Bhutan to resolve the issue of Bhutanese refugees in Nepal bilaterally and in the spirit of good neighbourliness. This was said by the Indian prime minister, P. V. Narasimha Rao, in response to the request for India's mediation by the governments of Nepal and Bhutan to help them solve this problem.
-----------------------------------------------------------------

January 17
------------------------------------------------------------------ Airplane Crash Kills One

   A twin otter operated by the Royal Nepal Airlines Corporation crashed this afternoon in Kathmandu, killing its pilot and injuring 24 others, including 22 passengers on board. The pilot died in Teaching Hospital and the injured are being treated in two hopsitals. The plane crashed in a field soon after take off from the Kathmandu airport. The cause of the crash is not yet known. RNAC operates 12 aging twin-otters which it is planning to replace with new aircraft. (Xinhua)
------------------------------------------------------------------ Land Reform Commission Formed

Excerpts from Xinhua report

   The Nepali government has set up a 15-member high level land reform commission to resolve problems relating to land, according to Radha Krishna Mainali, the minister for agriculture, land reform and management. Speaking in parliament, he said that the commission was constituted with a view to finding ways of ensuring maximum utilization of land, employment opportunities, increase in production and productivity in agricultural sector, and of ending present unscientific land system and dual ownership of land so as to ensure social justice. The commission will submit its report to the government within three months, mainali said.
-------------------------------------------------------------------

Nepali police arrest six Sri Lankans

Excerpts from UPI report

   Immigration police in Nepal have arrested six Sri Lankans accused of operating a human smuggling operation, officials said Tuesday. Home Ministry officials said the group had been using forged visas and passports to illegally send people to various parts of the world. Police raided a house in suburban Katmandu and arrested six Sri Lankans who had been living in Nepal for the ''last four to five years,'' the home ministry said. The ministry did did not say whether the Sri Lankans were Tamils or Sinhalese. Indian press reports have in the past linked Tamils living in Nepal to the Tamil sepatarist movement in the island republic. The ministry said the leader of the gang was living in Nepal under an Indian alias. The immigration police recovered forged passports, visas, embossing machines and false documents from the home, ministry officials said.

********************************************************************* Date: Thu, 19 Jan 1995 09:37:46 +0700 To: Nepal Digest <nepal-request@cs.niu.edu> From: Suman Kumar Manandhar <a94314@cs.ait.ac.th> Subject: Matrimonials

Suraj Rai's comments that the matrimonials section in TND will promote dowry may not be justified as long as the said section does not contain a field such as
        "Dowry demanded : US$ 50,000 (negotiable)".

Suman Kumar Manandhar a94314@cs.ait.ac.th Computer Science Asian Institute of Technology Bangkok

*********************************************************************** Date: Thu, 19 Jan 1995 00:50:10 -0500 (EST) From: Ashutosh Tiwari <tiwari@husc.harvard.edu> Subject: Matrimonials To: Nepal Digest <nepal@cs.niu.edu>

        This was forwarded to me, honest to God!, by a party who pefers to remain in the bakground while I discreetly handle his lami-ing work: Please feel free to send me emails, which I would then forward to Mr. Expecting-To-Get-Married-But-Too-Shy-To-Come-Forward.
[Warning: I should NOT be held responsible if your arrangement does not work, or if you do not get pukka replies!]

linga: Male jaat: bahun (ba-hoinan, that is, partially Americanized; 15 years in the
         US.) ghar: Kathmandu, Sanepa. haal: In an MBA program at a top-rated b-school on the West Coast of
         Amrika. But about to check out of the Hotel California for NYC. oo.mare: Mid-twenties and going up. roochi: patra-mitra.ta garnu; TND padh.nu; business chalau.nu; momo khanu.
         interested in philosophy, poetry, Hajmola and bed-time stories. lakchya: paisa kamau.nu; after that, garib-guru.baa ko sewa garnu.
         Later, return to Nepal and bp ko sapana saakaar parnu. Looking for: Any nepali woman in her early to late 20s who enjoys
             Woody Allen, candle-lit dinners, Monty Python, Monet,
             Hari Prasad Churasiya,
             and reads the New York Review of Books, and who talks
             likes a feminist but acts like a down-home sidha-sadha
             gharelu pukka Nepali aaimai. Ability to sew, cook
             and make desserts and do sewa of the sasu-sasura would be
             desired . . . but not required.

That's it. If you think this is a joke, think of the Eurythmics, the British pop band: Would I lie to you?

namaste ashu

******************************************************************* Date: Thu, 19 Jan 1995 10:32:33 -0400 (EDT) From: "Kathryn S. March" <ksm8@cornell.edu> To: <NEPAL@cs.niu.edu> Subject: Information on devanagri fonts for IBM

Does anyone know about user-friendly DEVANAGRI fonts that can be used with Word Perfect 6.0 on an IBM?

Ideally, I am seeking fonts that could be used from the ROMAN character typewriter (i.e. without having to teach my fingers a new keyboard). I have tried a set called "Don Juan" without much success. But I am eager to learn and know about any others that might be available.

Please either answer on the NEPAL DIGEST or write me directly at
                   ksm8@cornell.edu

Thank you--it's wonderful to have this medium to ask such a question. Kathryn S. March Associate Professor of Anthropology,
   Women's Studies & Asian Studies

************************************************************ Date: Thu, 19 Jan 1995 11:57:41 -0500 (EST) From: Aevendra Lohani <lohani@alpha.fdu.edu> To: nepal@cs.niu.edu Subject: Nepal Human Rights Committee - USA

Dear reader:

Who is this Nepal Human Rights Committee and what do they believe in. What is the agenda and what is the goal ?

Does empathy in some of its activity automatically mean supporting any specific idealogy in Nepal ? Is this just another prapaganda until some one from this group becomes the ambassador from Nepal ?

Thank You. Deven Lohani

*************************************************************** Date: Thu, 19 Jan 1995 13:10:41 -0500 Subject: Nepal trip report via WWW From: syost@hephp01.phys.utk.edu (Scott Yost)

I have put together some pictures and a journal from my recent vacation in Nepal, if anyone is interested. They are available using a Web browser, such as mosaic. The address is
      http://enigma.phys.utk.edu/~syost/nepal.html There are about a dozen photographs so far, mostly of mountains. The journal is transcribed from notes taken at the time, and has an entry for each day of the six-week trip.

Scott A. Yost (syost@enigma.phys.utk.edu) University of Tennessee, Knoxville
<A HREF="http://enigma.phys.utk.edu/~syost/">See my personal Web Site</A>
           Now featuring photos from my recent trip to Nepal.
 <IMG SRC="http://enigma.phys.utk.edu/~syost/images/nepal/everest.gif" >

********************************************************************** Date: Thu, 19 Jan 95 14:15:06 EST From: PSHRESTH@MIAMIU.ACS.MUOHIO.EDU To: NEPAL@cs.niu.edu Subject: Budhanilkantha School

Going through the TND issue of Jan 19, I read, for about the 25th time, Ashu- tosh Tiwari's dissatisfaction about the set-up of Budhanilkantha School. I'm guessing that he wants to make sure that each and every reader of TND is aware of the situations. Well, by now he has most probably succedded in doing so. My suggestion to him is that if he really wants to do something about it, he shoul d voice his feelings to the proper people or gov't officials in Nepal, who'd be in a position to do so. Most of the peolpe who have access to TND, I believe, wouldn't be in such a position, even if they shared Tiwari's "dissatisfaction", just because of the fact that they are presently in the U.S. Sorry for boring TND readers with the 26th argument about Budhanilkantha school.

-Prabin

********************************************************* Date: Thu, 19 Jan 95 09:18:00 EST From: Anita Regmi <AREGMI@ERS.BITNET> Subject: Disgust at Sirdar (whoever's behavior). To: NEPAL@cs.niu.edu

I wanted to tell how disgusted I was at the mentioned person's behavior. If he cannot resolve his personal problems in private there is no need to bring his dirty linens out in public. Do we want to reduce TND forum to a "Oprah Winfrey Show". Come on, show some dignity of behavior. Having relationships however superficial or "consummated" they may be is a part of normal growing up. Similarly break ups are just as normal. If you can't deal with it, seek a psychiatrist. Don't send vindictive poems to TND. It reflects bad on you not her.

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******************************************************************* From: IA20062@MAINE.BITNET(M. Lama) To: Nepal@cs.niu.edu Date: Thu, 19 Jan 95 08:23:56 EST Subject: Re - F2 Visa Denial

It is obvious that many of people loose their chances to come to the US. I personally acknowledged the common problem for those people whether they are applying for student visa or tourist visa is not being able to present thier confidence for thier plans in the US. I have seen and heard that many of people do not review all the documents that they have before they go to submit them to the US Consular Office.

Let me tell you a short story, it may or may not be similar story of Mira. When I meet a Nepali student at the US Consular Office in Kathmandu last June. In my knowledge, he had sufficient documents that include a I-20 form, bank balance
(US:tax return) copies and letters from Foreign Student Advisor and Admission Office of his school. Furthermore, he has already been in college in the US a year and half, but he was denied in getting F-1 visa. The point I am trying to make is that he was unable to show his cofidence for how he is going to live, how and who is paying tuition fee how, long he will be in the school and what he intend to do after school and whether he plans to come back. His visa appli cation was rejected neither because he does not know how to speak english, nor because he did not have sufficient documents. Yes, I was there when he was bein g iterviewed by the Consular, one thing that struck me is that he was constantl y using the combined phrases think I will....". So, there is big different usin g "I think I will do...." and "I will do....".

I hope this will help a bit.

***********************************************************************************************

*********************************************************************************************** Date: Tue, 17 Jan 1995 17:13:21 CST From: gsiskind@telalink.net (Gregory Siskind, Attorney at Law) To: The Nepal Digest

SISKIND'S IMMIGRATION BULLETIN

December 1994 - Special Issue

Published by Siskind and Susser, Attorneys at Law, 110 30th Avenue North, Suite 1, Nashville, Tennessee 37203, United States of America, telephone: 615/320-9109, facsimile: 615/320-5681, email: Gsiskind@telalink.net, WWW home page: http://www.telalink.net/vn/siskind/ .

Disclaimer: The information contained in this newsletter is not intended to create an attorney client relationship and should not be construed as legal advice. Any reliance on information contained herein is taken at the reader's own risk.

This discussion is intended to address most of the major questions many of you have asked me about the DV-96 Lottery. The discussion includes sample forms to guide you in completing your own application.

What is the "Green Card" Lottery?

      This discussion is intended to answer questions people
 may have regarding the upcoming DV-96 lottery (better known as the
 "green card lottery") and give directions for submitting a lottery
 application.

      The U.S. Congress has authorized the allotment of 55,000
 immigrant visas in the DV-96 category during Fiscal Year 1996.
 Foreign nationals who are natives of countries determined by the
 I.N.S. (according to a mathematical formula based upon population
 totals and totals of specified immigrant admissions for a 5-year
 period) are eligible to apply. The application period will begin
 at 12:01 a.m. Eastern Time on January 31, 1995, and will end at
 midnight on March 1, 1995.

Nationals of which countries are excluded?

       China-mainland China and Taiwan (nationals of Hong Kong are included), India, Philippines, Vietnam, South Korea, the United Kingdom
(Northern Ireland natives are eligible), Canada, Mexico, Jamaica, El Salvador, Columbia and the Dominican Republic.

How are visas allotted?

      The DV-96 program apportions visa issuance among six
 geographic regions (Africa, Asia, Europe, North America (other
 than Mexico), Oceania, and South America (including Mexico,
 Central America and the Caribbean). The world is divided up into
 high and low admission regions and each of the six regions is
 divided into high and low admission states. A greater portion of
 the visas go to the low admission regions than to high admissions
 regions. High admission states are entirely excluded from the
 lottery (those states are listed above) and low admission states
 compete equally with other low admission states in the same
 region. No single state may receive more than 7% (3,850) of the
 55,000 allotted visas. The allotment for this year is as follows:

Africa: 20,426 Asia: 7,087 Europe: 24,257 North America: 8 (only the Bahamas is included) South America: 2,407 Oceania: 815

Who is eligible to apply for the lottery?

     To receive a DV-96 visa, an individual must be a native of
 a low admission foreign state (described above). The individual
 must have at least a high school education or its equivalent, or,
 within the preceding five years, two years work experience in an
 occupation requiring at least two years training or experience.

 What does it mean to have a "high school education or its
 equivalent?"

     "High School education or its equivalent" means the
 successful completion of a twelve year course of elementary and
 secondary education in the U.S. or successful completion in
 another county of a formal course of elementary and secondary
 education comparable to complete a 12 year education in the U.S.
 or successful completion in another country of a formal cause of
 elementary and secondary education comparable to completion of a
 12 year education in the U.S. Passage of a high school
 equivalency examination is not sufficient. It is permissible to
 have completed one's education in less than 12 years or greater
 than 12 years if the course of study completed is equivalent to a
 U.S. high school education. Documentary proof of education
 (including a diploma or school transcript) should NOT be submitted
 with the application, but must be presented to the consular office
 at the time of formally applying for an immigrant visa
 application.

What does it mean to have "two years work experience in an
 occupation requiring at least two years training or
 experience?"

 The determination of which occupations require at least
 two years of training or experience shall be based upon the
 Department of Labor's Dictionary of Occupational Titles. If the
 occupation is not listed in the DOT, the Department of State will
 consider alternate evidence. Please Email or write me if you
 need to check the DOT (this will probably not be necessary for the
 vast majority of you since most of you have high school degrees or
 the equivalent. As with proof of education, documentary proof of
 work experience should not be submitted with the application, but
 must be presented to the consular office at the time of a formal
 immigrant visa application.

Can I be a "native" of a country other than the country in which I
 was born?

 A native is both someone born within one of qualifying
 countries and someone entitled to the "charged" to such country
 under Section 202(b) of the Immigration and Nationality Act. Thus
 someone may be (1) charged to the country of birth of his/her
 spouse; (2) a minor dependent child can be charged to the country
 of birth of a parent; and (3) an applicant born in a country of
 which neither parent was a native may be charged to the country of
 birth of either parent. If one claims to be a native of a country
 other than where one was born, he/she must include a statement to
 that effect on the lottery application and must show the country
 of chargeability on the application envelope (see discussion of
 the application form and envelope).

Will applying for the lottery affect one's ability to receive a nonimmigrant visa?

     Probably not. Technically, filing a visa lottery
 application is equivalent to filing an immigrant petition.
 According to source at the Department of State, a consulate will
 only be notified IF the person is selected in the lottery. An
 individual who is not chosen is on his honor to state that he/she
 applied for the lottery. Theoretically, if your name is selected
 in the lottery, you may have trouble renewing nonimmigrant status
 while waiting for your name to be cleared for processing (see
 discussion on the postselection process for securing a green
 card). This should only be a temporary problem since permanent
 residency should eventually be awarded. There is still a risk that
 you will fail to be deemed eligible for the DV-96 visa or the
 Department of State will have overestimated the number of
 individuals to select in the lottery (see discussion on how the
 selection process works). However, one lawyer I spoke with stated
 that over the last several years, he has instructed his clients to
 answer the question on the OF 156 concerning previous immigrant
 visa applications as follows: "My lawyer entered me in the AA1
 [this year the DV-96] lottery." He reports that he has never had a
 problem reported. The Department of State may be issuing an
 advisory letter on this issue soon and I will post a message to
 the group. I have yet to hear of anyone denied a visa because of a previous lottery application.

Do I need to be in lawful visa status to compete?

 An individual who is in the U.S. need NOT be in lawful
 status to compete in the lottery. However, the Department of
 State has indicated that it will share information with the
 Immigration and Naturalization Service for the "formulation,
 amendment, administration and enforcement" of the country's
 immigration laws.

Does it matter whether I am or am not in the U.S.?

 Individuals who otherwise meet the requirements for
 competition in the lottery, may compete whether they are in the
 United States or in a foreign country.

Are there any limitations on the number of entries I can send in
 for the lottery?

 Each individual is limited to one application in the
 lottery. If more than one application is received, the individual
 will be totally disqualified. Note: More than 400,000 applicants
 were disqualified in the last lottery due to multiple
 applications.

May a husband and wife each submit a separate application?

Yes. If otherwise qualified, a husband and a wife may each submit one lottery application. If either is selected in the lottery, the
 other would be entitled to derivative status.

Is there a minimum age to apply for the lottery?

 There is not a minimum age to apply for the lottery. However, the
 education/work experience requirements will effectively preclude
 most people under 18 from applying.

May I adjust status in the U.S. if I am selected?

 An applicant may adjust status (switch to permanent
 residency in the U.S.) if they meet the normal requirements for
 adjusting status with the INS (including not having previously
 been out of visa status). Applicants who adjust must first send
 the forms they receive from the National Visa Center back to the
 National Visa Center. In order to apply for adjustment of status,
 the INS must be able to complete action on the case before
 September 30, 1996.

How does the selection process work?

 The National Visa Center in New Hampshire will receive
 all applications. Upon receipt, the NVC will place the letter
 into one of six geographic regions and assign the letter an
 individual number. Within each region, the first letter randomly
 selected will be the first person registered, the second letter
 selected will be the second person registered, etc. When a case
 is registered, the applicant will immediately be sent a
 notification letter which will give visa application instructions.

 About 100,000 persons, both principal applicants and their
 spouses and children, will be registered. Since it is probable
 that some of the first 55,000 persons registered will not apply
 for a DV-96 visa, this figure is assumed to eventually be reduced
 to about 55,000. However, there is a risk that some applicants
 will be left out. According to the Department of State, all
 applicants will be informed promptly of their place on the list.
 Each month visas will be issued, according to registration lottery
 rank order, to those ready for visa issuance for that month. Once
 55,000 visas are issued, the program ends. Registrants for this
 year's lottery will have to apply for a visa before September 1995
 at the latest. You must be prepared to act promptly if your name
 is selected.

How will I know if I was not selected?

 The State Department will not notify applicants who are
 not selected. The only way you will know that you are not
 selected is if you have not received a registration notification
 letter before the date the INS officially states that it has stopped notifying people (expected to be done within three months of March 1, 1995).

Is there an application fee to enter the lottery?

 No. There is no fee for submitting a lottery application. If you win the lottery, you will pay the regular visa fees paid by any immigrant visa applicant at the time of visa issuance.

Can someone selected in the lottery receive a waiver of any of the grounds of visa ineligibility?

 No. There is no special provision for the waiver of any
 grounds of visa ineligibility other than those provided for in the
 Immigration and Nationality Act. Also, unlike in previous years,
 holders of J 1 visas with a two year home residency requirement
 will not be able to receive a waiver of this requirement by virtue
 of being selected in the lottery. A holder of a J visa can still
 enter the lottery, but he/she will have to qualify for a residency
 waiver in the same manner as is normally required to get such a
 waiver. Because all visas must be issued by the end of September
 1996, individuals who have not yet begun their home residency are
 effectively precluded (unless they are otherwise eligible for a
 waiver).

May someone apply for a DV-96 visa if they are already registered in another visa category

 Yes.

In what region is my native country assigned?

               (1) Africa

                    Algeria
                    Angola
                    Benin
                    Botswana
                    Burkina
                    Burundi
                    Cameroon
                    Cape Verde
                    Central African Republic
                    Chad
                    Comoros
                    Congo
                    Cote d'Ivoire (Ivory Coast)
                    Djibouti
                    Egypt
                    Equatorial Guinea
                    Eritrea
                    Ethiopia
                    Gabon
                    Gambia, The
                    Ghana
                    Guinea
                    Guinea-Bissau
                    Kenya
                    Lesotho
                    Liberia
                    Libya
                    Madagascar
                    Malawi
                    Mali
                    Mauritania
                    Mauritius
                    Morocco
                    Mozambique
                    Namibia
                    Niger
                    Nigeria
                    Rwanda
                    Sao Tome and Principe
                    Senegal
                    Seychelles
                    Sierra Leone
                    Somalia
                    South Africa
                    Sudan
                    Swaziland
                    Tanzania
                    Togo
                    Tunisia
                    Uganda
                    Zaire
                    Zambia
                    Zimbabwe

               (2) Asia

                    Afghanistan
                    Bahrain
                    Bangladesh
                    Bhutan
                    Brunei
                    Burma
                    Cambodia
                    China-mainland
                    China-Taiwan (a "state" within the meaning
                                  of the Act)
                    Hong Kong (a "state" within the meaning of
                               the Act)
                    India
                    Indonesia
                    Iran
                    Iraq
                    Israel
                    Japan
                    Jordan
                    Korea, North
                    Korea, South
                    Kuwait
                    Laos
                    Lebanon
                    Malaysia
                    Maldives
                    Mongolia
                    Nepal
                    Oman
                    Pakistan
                    Philippines
                    Qatar
                    Saudi Arabia
                    Singapore
                    Sri Lanka
                    Syria
                    Thailand
                    United Arab Emirates
                    Vietnam
                    Yemen

               (3) Europe

                    Albania
                    Andorra
                    Armenia
                    Austria
                    Azerbaijan
                    Belarus
                    Belgium
                    Bosnia and Herzegovina
                    Bulgaria
                    Croatia
                    Cyprus
                    Czech Republic
                    Denmark
                    Estonia
                    Finland
                    France
                    Georgia
                    Germany
                    Greece
                    Hungary
                    Iceland
                    Ireland
                    Italy
                    Kazakhstan
                    Kyrgyzstan
                    Latvia
                    Liechtenstein
                    Lithuania
                    Luxembourg
                    Macedonia, The Former Yugoslav Republic of
                        Malta
                    Moldova
                    Monaco
                    Montenegro (a "state" for purposes of the
                                Act; Serbia and Montenegro have
                                proclaimed the formation of a
                                joint independent state, but
                                this entity has not been
                                formally recognized as a state
                                by the United States.)
                    Netherlands
                    Northern Ireland (a "state" within the
                                      meaning of the Act)
                    Norway
                    Poland
                    Portugal
                    Romania
                    Russia
                    San Marino
                    Serbia (a "state" for purposes of the Act;
                            Serbia and Montenegro have
                            proclaimed the formation of a joint
                            independent state, but this entity
                            has not been formally recognized as
                            a state by the United States.)
                    Slovakia
                    Slovenia
                    Spain
                    Sweden
                    Switzerland
                    Tajikistan
                    Turkmenistan
                    Turkey
                    Ukraine
                    United Kingdom
                    Uzbekistan
                    Vatican City (an independent city under the
                                  jurisdiction of the Holy See)

               (4) North America

                    Bahamas, The
                    Canada
                    United States

               (5) Oceania

                    Australia
                    Fiji
                    Kiribati
                    Marshall Islands
                    Micronesia, Federated States of
                    Nauru
                    New Zealand
                    Palau
                    Papua New Guinea
                    Solomon Islands
                    Tonga
                    Tuvalu
                    Vanuatu
                    Western Samoa

               (6) South America, Mexico, Central America, and
                    the Caribbean

                    Antigua and Barbuda
                    Argentina
                    Barbados
                    Belize
                    Bolivia
                    Brazil
                    Chile
                    Colombia
                    Costa Rica
                    Cuba
                    Dominica
                    Dominican Republic
                    Ecuador
                    El Salvador
                    Grenada
                    Guatemala
                    Guyana
                    Haiti
                    Honduras
                    Jamaica
                    Mexico
                    Nicaragua
                    Panama
                    Paraguay
                    Peru
                    St. Kitts and Nevis
                    St. Lucia
                    St. Vincent and the Grenadines
                    Suriname
                    Trinidad and Tobago
                    Uruguay
                    Venezuela
 

How do I apply for the lottery?

 There is no form for the DV 1 lottery. All that is
 required is that the proper information is typed or clearly
 printed in the Roman alphabet on a plain sheet of paper.

 Each application must take the following form:

 1. APPLICANT'S FULL NAME
        Last Name, First Name and Middle Name
        (Underline Last Name/Surname/Family Name)
        Example: Doe, John James

 2. APPLICANT'S DATE AND PLACE OF BIRTH
        Date of Birth: Day, Month, Year
        Example: 15 November 1961
        Place of Birth: City/Town, District/County,Province,County
        Example: Munich, Bavaria, Germany

 3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE
        AND CHILDREN

[Note: Do not list parents as they are not entitled to derivative status]

4. APPLICANT'S MAILING ADDRESS AND NEAREST CONSULATE

 Be sure the address is complete since this is where
 notification will be sent if the application is selected. A
 telephone number is optional. Also list location of U.S. Consular
 office closest to current residence or last residence prior to
 entering U.S.

5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM
 COUNTRY OF BIRTH

 The application should be placed in an envelope which is between
 6 inches and 10 inches (15 cm to 25 cm) in length and between 3 1/2
 inches and 4 1/2 inches (9 cm to 11 cm) in width.

 In the upper left hand corner of the front of the
 envelope must be the country of which the applicant is a native.
 Typed or clearly printed below the country must be the same name
 and mailing address of the applicant as are shown on the
 application form.
        
        Example: New Zealand
                  Doe, John James [NOTE: Underline family name]
                  1111 Main Street
                  Nashville, Tennessee 37204

Where do I send the application?

      Applications must be sent by regular mail or air mail
 (not by hand delivery, telegram, or any means requiring
 acknowledgment such as registered mail or express mail) to one of
 the six following addresses, depending upon the region of the
 applicant's native country.

 Note carefully the importance of using the correct postal zip code
 for each region:

           ASIA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00210, U.S.A.

          SOUTH AMERICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00211, U.S.A.

          EUROPE: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00212, U.S.A.

          AFRICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00213, U.S.A.

         OCEANIA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00214, U.S.A.

         NORTH AMERICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00215, U.S.A.

DISCLAIMER: This file is not intended to create an attorney client
 relationship. The information contained in this file is not
 intended to be legal advice.

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