U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members
ContentsIntroductionWhat is the Foreign Affairs Manual?What Does the Statute Say?How Does the Revised FAM Change the State Department’s Interpretation of the Statute?Non-Meaningful AssociationDefinition of “Affiliate” Broadened to Include “Socialist” Parties, Such as Venezuela’s Ruling PartyPurely Ideological “Affiliation” Is CoveredAffiliation Due to Employment in Communist Government, Government Controlled Institutions, Military, State-Owned EnterprisesAssociation with the Part in…
This Week’s Policies Attacking Chinese Students and Exchange Visitors
ContentsWhat Happened?What Does the Pause in Visa Appointments Mean?What Will the Visa Revocation Policy Mean?Persons with Ties to the Chinese Communist PartyStudents and Exchange Visitors in Critical FieldsHow Does Revocation Work?Chaos Is the Point Two of the Trump administrations favorite foils are immigrants and higher education. This week’s announced initiatives against Chinese students and exchange…
Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship
Did you think the Cold War was over? The U.S. Immigration and Nationality Act still makes inadmissible (i.e., 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…
Catalog of U.S. Visa Sanctions Against China (Updated)
This article summarizes the U.S. government's visa sanctions targeting specific Chinese individuals, companies, and institutions.
Update: Entry Suspended for Chinese Students and Researchers with Military-Civil Fusion Links
The President has issued a May 29, 2020, Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.The proclamation appears to be counter-productive, a distraction from real measures needed to fight Beijing's theft of sensitive technologies, and an attempt to boost Trump's electoral odds by stoking…
State Dep’t Limits B (Visitor) Visa Validity for Communist Party Members
On Dec. 2, the State Department issued new restrictions on B1/B2 (visitor for business or leisure) visas for members of the Chinese Communist Party (CCP) and their families. While other Chinese citizens may obtain multiple-entry visas valid for entry within 10 years, under a 2014 reciprocal agreement between Presidents Obama and Xi Jinping, CCP members…
USCIS Policy Manual Update on Immigrant Membership in the Communist Party
During the Trump administration, immigration lawyers have become accustomed to “shock by memo,” meaning backdoor rules announced by government memo with no prior notice, typically on a Friday afternoon, which leave us scrambling to help clients understand how the new rules may apply to applications filed months or years ago under a different memo.[1] On…
Chinese Communist Party Members Targeted by Draft Trump Visa Ban
Visa bans based on Communist Party membership–like any bans based on ideology or associaiton–are an unnecessary, and most damaging, legacy of the McCarthy era.
What is Form I-601, Application for Waiver of Grounds of Inadmissibility?
An individual who an immigration officer or consular officer has determined is inadmissible to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are deemed inadmissible, must file the Form I-601, Application for Waiver of Grounds of Inadmissibility, to seek a waiver of certain grounds…
U.S. Restricts Visas for Chinese Officials Responsible for Xinjiang Repression
On October 8, the U.S. State Department announced visa restrictions on Chinese government and Communist Party officials responsible for, or complicit in, repression of Uighurs and other Muslim minority groups in the Xinjiang region.
Congressional Report Raises Concerns: Could Chinese Students and Scholars Association Members Be Denied Green Cards?
A new Congressional report asserts that Chinese Students and Scholars Associations (CSSAs) at U.S. colleges appear to be directly subordinate to and receive political direction from the Chinese Embassy and consulates. This report raises concerns: could the U.S. government deny green cards to CSSA members? The report, entitled China’s Overseas United Front Work: Background and…