1. Introduction
The Chinese Communist Party (CCP) has maintained a political monopoly in China’s mainland since Mao Zedong founded the People’s Republic of China in 1949. The Party comprises over 100 million members, about 10% of China’s adult population.
This article discusses how the U.S. Immigration and Nationality Act makes certain CCP members and affiliates ineligible for permanent residence and citizenship.
Not discussed here are limits on validity of B1/B2 (visitor for business or pleasure visas for CCP members and their relatives. See State Dep’t Limits B (Visitor) Visa Validity for Communist Party Members and Their Relatives.
Contents
2. Brief History
The Internal Security Act of 1950 was the first statute to explicitly make communist party membership a ground for inadmissibility (i.e., ineligibility for visa issuance, admission to the United States, or adjustment to permanent resident status). At that time, the Cold War was heating up. The Soviet Union consolidated its influence over Eastern Europe. The CCP had gained control over mainland China in 1949, forcing the Nationalists to retreat to Taiwan. The Korean War broke out in 1950.
The Internal Security Act’s stated purpose was to cope with espionage and violence associated with efforts to “establish a Communist totalitarian dictatorship” in the U.S. and throughout the world. The Act designated communist party membership as a basis not just for inadmissibility but also for deportation and denial of naturalization. Most controversially, the Act required American Communist Party members to register with the Attorney General and called for investigations into Communist-front organizations so they could be required to register as a precursor to placing them in detention camps in time of emergency. President Truman vetoed the bill, commenting that “The basic error of this bill is that it moves in the direction of suppressing opinion and belief…that would make a mockery of the Bill of Rights and of our claims to stand for freedom in the world. Nevertheless, Congress overrode Truman’s veto, and the bill became law.
3. Ineligibility for Permanent Residence
A. Scope of Inadmissibility
Party Membership
Generally speaking, “membership” in “the Communist or any other totalitarian party” makes a person ineligible for a green card. INA § 212(a)(3)(D)(i). See INA § 101(a)(37) (defining “totalitarian party”).
Membership in Affiliated Organizations
Membership in any organization “affiliate[d]” with such a Party is also a ground of inadmissibility. INA § 212(a)(3)(D)(i). In China, such organizations include minor political parties and mass organizations (e.g., Communist Youth League, All-China Federation of Industry and Commerce, All-China Federation of Trade Unions, All-China Women’s Federation). Such organizations are led by the Party, which uses them to penetrate the society at large and encourage popular support for Party policies. Robert L. Worden, et al, China: A Country Study (GPO 1987), http://countrystudies.us/china/107.htm.
For example, the Communist Youth League (中国共产主义青年团) is an organization for youth between ages 14 and 28. The CYL is organized on the Party model. Its goal is to train youth to practice socialism and communism. Although CYL membership is not required for full Party membership, it does facilitate the path. CYL has over 70 million members. Most high school graduates are CYL members.
Affiliation with the Party or Other Proscribed Organization
The INA makes inadmissible not just members but also persons “affiliated with” the Party of other proscribed organizations. INA 212(a)(3)(D).
Statute and Regulations
The term “affiliated with” is defined by statute:
The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any organization shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation. INA § 101(e)(2).
The regulation defining the noun “affiliate” in the sense of an organization’s relationship with the Communist Party (22 C.F.R. § 40.34(a)) is also key to understanding the verb in the sense of what it means for an individual to be “affiliated with” a proscribed organization. For a person to be “affiliated with” an organization means to be
in such close association as to evidence an adherence to or a furtherance of the purposes and objectives of such association or party, or as to indicate a working alliance to bring to fruition the purposes and objectives of the proscribed association or party…. A [person who] gives, loans, or promises support, money, or other thing of value for any purpose to any proscribed association or party is presumed to be an affiliate of such association or party, but nothing contained in this paragraph shall be construed as an exclusive definition of the term affiliate. 22 C.F.R. § 40.34(a).
The regulations give two examples of affiliation (id.):
(b) Service in Armed Forces. Service, whether voluntary or not, in the armed forces of any country shall not be regarded, of itself, as constituting or establishing an alien’s membership in, or affiliation with, any proscribed party or organization, and shall not, of itself, constitute a ground of ineligibility to receive a visa.
(c) Voluntary Service in a Political Capacity . Voluntary service in a political capacity shall constitute affiliation with the political party or organization in power at the time of such service.
Foreign Affairs Manual
9 FAM 302.5-6(B)(4) interprets the regulatory provisions related to military service and “voluntary service in a political capacity”:
(f)(1) Employment in a Communist or Totalitarian Government: As stated in 22 CFR 40.34(c), voluntary service in a political capacity constitutes affiliation with the political party or organization in power at the time of such service. Employment in a position with political or executive-level responsibilities in the government or other government-controlled organizations of a communist or communist-controlled country therefore constitutes grounds for a finding of ineligibility under INA 212(a)(3)(D)…. For applicants who are or have been employed in a position in the government or other government-controlled organization, of a communist or communist-controlled country, or totalitarian or totalitarian-controlled country, you should assess the nature of responsibilities in their position, and even if not of a political nature, assess whether their mere employment is indicative of affiliation or membership with the party as, in such countries, the party and the government constitute an indistinguishable unit….
g. Service in Armed Forces of Communist or Communist-Controlled Countries: Consistent with 22 CFR 40.34(b), service in the armed forces of any country does not by itself establish an applicant’s membership in or affiliation with any proscribed organization and does not constitute a ground of ineligibility. However, continuing service may, and service or promotion to a higher rank (e.g., the officer corps) does result in the applicant’s serving in a political capacity under 22 CFR 40.34(c) which would be cause for a finding of ineligibility under INA 212(a)(3)(D).
h. Employment or association with state-owned enterprises and other quasi-governmental or non-governmental organizations in Communist or Communist-controlled countries: State-owned enterprises, non-governmental organizations and quasi-governmental organizations in Communist or Communist-controlled countries are often instruments of the ruling party used by the party to control civil society and carry out political objectives. Such employment or association will generally constitute affiliation with a proscribed party.
Use of a Diplomatic, Special, or Service Passport
The FAM provides: “one criterion for determining an applicant’s affiliation to a communist or totalitarian party is the type of passport he or she holds. Possession of a diplomatic, special, or service passport issued by a communist or communist-controlled country … suggests membership or affiliation with a proscribed party.” 9 FAM 302.5-6(B)(4)(f)(3) (June 10, 2025).
USCIS Policy Manual
The USCIS Policy Manual describes affiliation with a proscribed organization as follows (8 USCIS-PM F.3(B)(4) (internal citations omitted):
Even if an immigrant is not a member of the Communist or any other totalitarian party, he or she may still be inadmissible if found to be an affiliate of such an organization. The INA states that while “the giving, loaning, or promising of support or of money or any other thing of value for any other purpose to any organization shall be presumed to constitute affiliation . . . nothing in this paragraph shall be construed as an exclusive definition of affiliation.”
Affiliation implies less than membership but more than sympathy. Affiliation includes more than mere interest or sympathy for an organization but may also be accompanied by some positive and voluntary action that provides support, money, or another thing of value. The regulations state that “[a]ffiliation with an organization includes, but is not limited to, the giving, lending, or promising of support or of money or anything of value, to that organization to be used for any purpose.”
“Affiliate” is also used in the context of this inadmissibility ground to describe links between organizations, in addition to ties between a person and an organization. An affiliate organization of a totalitarian party is one that is related to, or identified with, a proscribed association or party in such close association as to evidence an adherence to or a furtherance of the purposes and objectives of such association or party, or as to indicate a working alliance to bring to fruition the purposes and objectives of the proscribed association or party.
The USCIS Policy Manual also discusses the following special considerations for military and government service (id. (internal citations omitted):
Service in the armed forces of a communist or totalitarian-controlled country, whether voluntary or not, does not in itself constitute or establish applicant’s membership in or affiliation with a communist or totalitarian party. Notwithstanding, if the applicant’s service in the armed forces is inherently political, the applicant is inadmissible as a member or affiliate of a communist or totalitarian party. In such cases, the officer should determine if the evidence supports a finding that the applicant was aware of the political nature of his or her military service. For example, an applicant may occupy a sufficiently high rank in the armed forces of his or her country that is inherently political or perform a specific mission that is inherently political.
If the applicant was or is a government worker in a communist or communist-controlled country, then the officer should give special attention and scrutinize such employment since voluntary service in a political capacity constitutes affiliation with a political party or the organization in power at the time of service.
B. Exceptions to Inadmissibility
There are three important exceptions to ineligibility.
Termination of Membership
First, a person is admissible if the membership or affiliation terminated at least five years before the date of application. INA § 212(a)(3)(D)(iii) (or 2 years in the case of a country where the Communist Party doesn’t control the government).
The statute and regulations are silent about the definition of “termination.” Black’s Law Dictionary (12th ed. 2024) defines it as “1. The act of ending something; extinguishment”; or “2. The end of something in time or existence; conclusion or discontinuance.” Termination of membership, then, means extinguishment or discontinuance of membership.
Termination does not require the applicant to show active opposition to the party.
Termination can be proven by direct and circumstantial evidence. There is no requirement to submit official evidence from the Party of the termination. The individual’s assertion of termination alone is sufficient, if credible. Besides, gaining access to primary evidence of membership or non-membership in the form of the Party rolls may be impractical. Indeed, as the USCIS Administrative Appeals Office has noted, the CCP’s Constitution and rules related to abandonment of the Party do not require the Party branch to notify an individual when their name is removed from the Party rolls.
Termination does not require compliance with the totalitarian party’s termination procedures. That would lead to absurd results: for example, the Workers’ Party of Korea (WPK) prohibits resignation. That would also expose people to danger: the CCP regularly resists and retaliates when members attempts to resign.
The term “membership” has not been defined in statute or regulations either. That has left to the courts and agency adjudicators the job of clarifying what ties to a proscribed organization constitute “membership” or “affiliation.” In short, “membership” requires the following elements, and the absence of any element shows that membership has terminated:
- Recognition by organization that a person belongs
- Voluntariness
- Meaningfulness
- Membership “is dependent on a person satisfying the requirements for membership as specified by the membership organization in question.”
What are the CCP’s rules about terminating membership?
Resignation: According to the CCP Constitution, a CCP member is free to resign from the Party (退党), if they go through proper procedures:
Party members have the freedom to withdraw from the Party. In the event a Party member requests withdrawal, the Party branch concerned shall, after discussion at a general meeting, announce the removal of his or her name from the Party roll and report the withdrawal to the Party organization at the next level up to be put on record.
The Party’s Measures for the Disposal of Unqualified Members of the Chinese Communist Party add roadblocks to disincentivize resignation. These rules require that a request to resign must be in writing, the branch will investigate the member’s reasons for resigning, the branch will attempt ideological education to persuade the member not to resign, and if the member still insists on resigning, then resignation must be approved by a resolution at a general meeting and reported to the Party committee that supervises the branch:
A Party member who asks to withdraw from the Party shall submit a written application to the Party branch to which they belong. The Party branch shall investigate the reasons for the member’s request for withdrawal from the Party and provide ideological education. If the member still insists on withdrawing from the Party after this education, the application shall be approved after a general meeting of Party members. A resolution shall be drawn up and the member’s name will be removed from the roll. The resolution shall be reported to the grassroots Party committee for filing.
The complexity of the resignation procedures makes it clear that resignation is disfavored by the Party. The procedures also expose the member to humiliating “ideological education” (思想教育). The required investigation has the potential include to detention and to lead to charges of breach of party discipline or even criminal charges. And the member is subject to the disdain of other Party members, who get to vote on whether to allow resignation, even though the Party Constitution calls membership “voluntary.”
Besides those Measures, there are other institutional reasons why Party branches resist and retaliate against those who attempt to resign:
- Resignation can be seen as a repudiation of the Party, which reflects badly on the branch’s ability to maintain ideological cohesion. Resignations statistics are tracked by the Party at higher levels as part of their evaluations of branches. So, branches want to keep attrition numbers low to avoid being accused of “poor political work” (政治不到位), meaning failure to guide, correct, and retain members through study sessions, political education meetings and other means.
- Branches fear that one person’s resignation could inspire others.
- For similar reasons, individual cadres may be evaluated poorly if members quit on their watch.
In some cases, people who quit may be watched closely by the secret service, or may be detained in reeducation camps if they publicize their resignation.
When rights lawyer and Nobel Peace Prize nominee GAO Zhisheng quit the CCP in 2005, publicly calling it “inhuman, unjust, and evil,” the government shut down Gao’s law firm, and the family lost its livelihood.
Another reported example involved a member whose attempts to withdraw were treated as a disciplinary problem, leading the branch to forcibly expel him:
After Mr. Fei applied to resign from the Party, he was approached by the Party organization, who talked to him and asked him to reconsider, trying to persuade him to give up the idea. Mr. Fei was very persistent and refused to pay Party dues for more than a year. Finally, his party branch called him and other members for a meeting. At the meeting, it was announced that Mr. Fei had been expelled from the Party.
As a result of all these roadblocks, members rarely request to resign from the CCP.
Abandoning the Party: Under the Party Constitution, inactivity is also a basis for termination of CCP membership. To remain a member, one must do three things: take part in regular party activities, pay membership dues, and do work assigned by the Party. Failure to do any one of those three things for six months without good reason constitutes abandonment of the Party (脱党):
A Party member who fails to take part in regular Party activities, pay membership dues or do work assigned by the Party for six successive months without good reason is regarded as having abandoned the Party. The general membership meeting of the Party branch concerned shall decide on the removal of such a person’s name from the Party rolls and report it to the next higher Party organization for approval.
The Party has put in place measures to dissuade members from abandoning the Party. Under the Measures for the Disposal of Unqualified Members of the Chinese Communist Party, a member who does not participate in the Party’s organizational life in accordance with regulations (i.e., do Party work or attend Party activities) or does not pay Party dues on time and in full should be “given a deadline to correct their behavior.” The procedure is that the Party committee should establish an investigation team to conduct an investigation and interview the member, then compile a report and propose steps the member should take to correct their behavior. The Party branch should then convene a meeting to inform the member of the investigation report and vote on the proposal. The proposal will then be reviewed and approved or denied by the Party committee.
The Party has also put into place procedures to mitigate the closely related problem that some members “lose contact.” The 2019 Regulations on Education and Management of Chinese Communist Party Members, promulgated the CCP’s Central Committee, provide that the member will be “suspended” (停止党籍) for two years, only after which will they be removed from the Party rolls on the basis that they have abandoned the Party:
Party membership shall be suspended for party members who have lost contact with the Party organization for more than six months and who have still not been in contact through various means. The decision to suspend Party membership shall be made by the Party branch or the Party organization at a higher level in accordance with the relevant provisions. If the person cannot be contacted for two years after suspension, then the person shall be removed from the Party rolls on the basis that they abandoned the Party.
The consequences of suspension of membership involves the loss of the right to participate in Party meetings, vote or stand for election in Party organs, or exercise other membership rights, unless membership rights are subsequently restored.
In one sense, abandoning the Party is less dangerous for a member than resigning: the member does not need to put on record their request to resign. A member may become inactive when they retire; when they change jobs from a state-owned enterprise to a private enterprise; or by simply failing to transfer their party membership to a new unit when they move or change jobs. If confronted by the Party for their inactivity, they can apologize and perhaps avoid negative repercussions.
Involuntary Association
Second, a person is admissible if membership or affiliation is involuntary. Generally speaking, membership or affiliation is considered involuntary when it is the result of factors such as coercion, fraud, duress, incapacity, or some other error which may impair or negate the capacity for affirmative and intentional actions. 8 USCIS-PM F.3(D)(1). This includes membership or affiliation “solely when the alien is under 16 years of age” or where “necessary” for purposes of obtaining employment, food rations, or other “essentials” of living. INA § 212(a)(3)(D)(ii). The U.S. State Department focuses on the meaning of “essentials,” defining it as the “minimum level” of employment, food, etc. “routinely available to the rest of the population.” If the applicant’s association with the party was to seek greater economic advantages, they do not fall within the exception. 9 FAM 302.5-6(8)(6)(e)(2) (06-10-2025). In China, it may be difficult to prove that CCP membership is “necessary” to obtain the essentials of life because alternatives to CCP membership are clearly better today than they were in the 1970s. In particular, private entrepreneurship has become an increasingly viable alternative to Party membership. In China, many non-CCP members succeed in business, have security of person, benefit from the country’s economic growth, and so on.
Non-Meaningful Association
Third, a person is admissible if his or her association with the Party is “nonmeaningful.” This is a judicially-created rule interpreting what “membership” and “affiliation” mean. The leading case, Rowoldt v. Perfetto, was about a man who for about a year paid dues to the U.S. Communist Party, attended meetings, petitioned the government related to unemployment laws and the government budget, worked at a Party bookstore, and stated that his purpose in joining the party was to get jobs, food, clothes, and shelter for the people. 355 U.S. 115 (1957). He denied opposing democratic principles. He denied any commitment to violence and denied that violence was discussed at any meetings he attended. His Party membership ended only when he was arrested and charged with being deportable due to his membership. The Supreme Court held that he qualified for the non-meaningful association exception because his understanding of party’s principles as “unilluminating” and the “dominating impulse” of his affiliation with the party was “wholly devoid” of any “political implications.” The U.S. State Department previously summarized the nonmeaningful exception as applying to persons who lack “commitment to the political and ideological convictions of communism.” Former 9 FAM 302.5-6(B)(6).
USCIS and the State Department in the past have found that some persons listed as members on the CCP rolls were not “members” within the meaning of the Immigration and Nationality Act because their ties to the Party were nonmeaningful. Since the 1980s, when reform policies brought great improvements to China’s standard of living, traditional Communist ideology has been overturned by contrary slogans such as “To get rich is glorious,” a saying attributed to former paramount leader Deng Xiaoping. The CCP continues to pay lip service to Marxist-Leninist ideology, but ideology has become a post hoc rationalization device. Deng also said, “It doesn’t matter if a cat is black or white so long as it catches the mouse.” Instead, Party membership is sometimes sought because the CCP is “a sort of Rotary Club of 70 million people who joined in because it’s good for their careers.” See David L. Shambaugh, China’s Communist Party: Atrophy and Adaptation 25 (2008), quoting Harvard Professor Rod MacFarquhar. The Party is a mutually advantageous social network that distributes favors and privileges (guanxi) to its members. Mere membership in the party also signals elite status to potential government or private employers. It’s “shorthand for being an excellent person.” See Jamil Anderlini, et al., Welcome to the Party!, FT Magazine (Sept. 28, 2012). Membership is also a hedge against political risk, not unlike emigration.
However, the Trump administration has, in my opinion, flouted the courts by ignoring the courts’ interpretation of the statutory meaning of “membership” and “affiliation” as excluding those with nonmeaningful ties. Instead, USCIS policy is that all that is required for ties to be “meaningful” is that they are “intentional,” in that the individual is “conscious” they are joining a political organization “known as the Communist Party.” 8 USCIS-PM F.3(B)(5). The State Department’s current policy is similar. 9 FAM 302.5-6(8)(6)(j) (06-10-2025).
C. Waiver of Inadmissibility
Finally, in addition to these exceptions to ineligibility, there is also a waiver available in the case of the parent, spouse, son, daughter, brother, or sister of a U.S. citizen; or the spouse, son, or daughter of a lawful permanent resident. The applicant waiver must be “for humanitarian purposes, to assure family unity, or otherwise in the public interest.” The applicant must not be a threat to U.S. security and must merit a positive discretionary finding. INA § 212(a)(3)(D)(iv).
Procedurally speaking, the government asks about communist party membership in the immigrant visa application form (DS-260) and the adjustment application form (I-485). The applicant and counsel should be prepared for related questions during the interview and should document eligibility for a waiver or the applicability of an exception to the ground of inadmissibility. A legal brief is helpful.
Immigrant visa applicants also need to be prepared for possible delays while the consular officer seeks a security advisory opinion from the Department of State in Washington, DC. Former 9 FAM 40.34 N3.3-1, N4.3, N4.4.
4. Ineligibility for Citizenship
To apply for naturalization, an applicant must prove he or she is loyal to the principles of the U.S. Constitution and the basic form of government of the United States. INA § 316(a); 8 C.F.R. § 316.11(a).
A person is ineligible for naturalization if he or she
- has been a “member” or “affiliate” of a communist party or totalitarian party or of any organization affiliated with such party;
- advocates the doctrines of world communism or the establishment of a totalitarian dictatorship in the United States; or
- writes, publishes, or circulates printed matter advocating the doctrine of world communism of the establishment of a totalitarian dictatorship in the United States.
There are exceptions for persons whose membership “terminated” more than 10 years before applying for naturalization and for “involuntary” membership or affiliation. INA § 313(c), (d). There is also a judicially-created exception for “nonmeaningful” ties that do not amount to “membership” or “affiliation.” Crosby v. Miller, 2020 U.S. Dist. LEXIS 20123 (D. Or.); Legacy INS Interpretations 313.2(c).
The author, Gary Chodorow, represents businesses, families, and others in U.S. visa, permanent residence, and nationality matters. He also writes the Law and Border Blog at LawAndBorder.com. You are invited to schedule a consultation to discuss how Chodorow Law Offices can help with your immigration or naturalization case.
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