Chinese Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

NPCDid you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.

Continue reading Chinese Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

Quick Takes on U.S. & China Visa Law News

visa-law-news-briefsChina Tightens Tourist Visa Rules for S. Koreans amid THAAD Row (Korea Herald, Aug. 12): China tightened its rules on tourist visa issuance for South Koreans, the foreign ministry said, the second revision to its regulations in less than two weeks that comes amid a diplomatic row over Seoul’s decision to deploy an advanced U.S. missile defense shield on its soil.

Mimi Zou, Regulating Illegal Work under China’s New Immigration Regime, UN Research Institute for Social Development Working Paper Series Working Paper 2016–7 (30 June 2016): The Exit and Entry Administration Law 2013 (EEAL) in China has been widely considered to be a major step forward in developing a more comprehensive legal regulatory regime for dealing with the rising inflow of foreigners to the country in recent decades. Situated in a policy discourse aimed at combating the so-called “three illegalities” (sanfei) of illegal entry, residence, and work, the EEAL introduces a range of restrictions on the admission of foreign migrants, controls over their employment and residence, as well as enforcement mechanisms that involve employers and members of the general public. This paper examines the ways in which China’s immigration law regime regulates “illegal work” and thereby constructs precarious statuses that shape migrants’ vulnerability to precariousness in their employment relations. Continue reading Quick Takes on U.S. & China Visa Law News

China Planning New Agency to Regulate Immigration

Exit-Entry BureauBloomberg is reporting that the Chinese government is planning to create a new agency to regulate immigration. The agency would be formed by “merging and expanding the ministry’s border control and exit-entry administration bureaus and could be set up before year-end.” The story cites as its only source “people with knowledge of the plans.” Continue reading China Planning New Agency to Regulate Immigration

Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas

hong-kong-canadaSeveral media outlets reported this week on two teenagers who applied for mainland Chinese visas in Toronto but were denied. The Chinese Consulate did not explain the denials, but apparently the reason was that although the teenagers were born in Canada and hold Canadian passports, they had acquired Chinese nationality at birth through their parents born in Hong Kong, so should travel on Chinese travel documents. Continue reading Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas

The Meaning of “Extreme Hardship” for Waiver Purposes

hardshipA person found ineligible for a visa may nonetheless qualify one of the various “waivers” allowing visa issuance. Often, issuance of a waiver requires that the applicant prove a qualifying relative will experience “extreme hardship” if the waiver is not granted. Continue reading The Meaning of “Extreme Hardship” for Waiver Purposes

Uturn Asia: Gambian Migrants to China Going Back Home

africans-in-chinaThere are many different stories of Africans students, traders, and professionals pursuing their own Chinese dreams.

Dating back to the Cold War, there have been African students on scholarships to Chinese universities. Today, many report home about the luxurious conditions, excellent teaching, and the warm welcome. Continue reading Uturn Asia: Gambian Migrants to China Going Back Home

Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations

Affidavit of Support Help CenterA wealthy real estate agent must pay to support his immigrant ex-wife per his Form I-864, Affidavit of Support, even though she is now living with and being supported by her adult son. That’s the ruling of the U.S. Court of Appeals for the Ninth Circuit in Erler v. Erler, 2016 U.S. App. LEXIS 10361 (9th Cir. June 8, 2016). Continue reading Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations

Shenzhen Police Issuing Warning to Unregistered Expats

shekou-psb-warning-topThat’s Shenzhen is reporting that the Shekou Police Department (蛇口派出所) has posted a warning that foreigners who fail to register their temporary residence within a week will face a RMB 2000 fine as part of a “big operation” by the police. Continue reading Shenzhen Police Issuing Warning to Unregistered Expats

2 Million Page Views. Thank You!

2 mil viewsThe U.S. & China Visa Law Blog just hit 2 million page views since we started counting in June 2012. For a viral cat video, that’s nothing. But for us, it’s worth celebrating. It’s been a pleasure to participate in a meaningful online dialogue about U.S. and China immigration law and policy. And to spark some great offline professional relationships and friendships. Thanks!