Current or prior membership in or affiliation with a Communist or totalitarian party or affiliated organization is a ground of inadmissibility for immigrants. This rule applies to persons seeking lawful permanent resident status, regardless of whether they are applying to a U.S. embassy or consulate abroad for an immigrant visa or filing with USCIS a Form I-485, Application to Adjust Status. Our firm helps clients with applications for exceptions and waivers. We also represent clients challenging previous denials.
Naturalization applicants face analogous grounds for denial. Our firm represents naturalization applicants arguing that they fall within an exception to ineligibility.
And the State Department restricts B1/B2 (visitor for business or leisure) visas for members of the Chinese Communist Party (CCP) and their families. They are limited to single-entry visas valid for entry within 1 month of issuance. We help former members argue that the restriction no longer applies to them.
Our firm represents clients from China, Cuba, Venezuela, and other countries in connection with these issues. Feel free to schedule a consultation.
Articles Related to Visa Issues for Former Communist and Totalitarian Party Members
State Dep’t Limits B (Visitor) Visa Validity for Communist Party Members and Their Relatives
On Dec. 2, 2020, 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. CCP members and their families are now limited to single-entry visas valid for entry within 1 month of issuance. In other words, they will need to…
Communist Party Membership or Affiliation: Ineligibility for Permanent Residence and Naturalization, Exceptions and Waivers
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…
Form I-601, Application for Waiver of Inadmissibility for Communist or Totalitarian Party Membership or Affiliation
This article discusses filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, for a person who is inadmissible to the United States on the ground that they have been a member of or affiliated with a communist or totalitarian party or a related organization.
U.S. State Department Stiffens the Bar on Immigrant Visas for Communist Party Members
The U.S. State Department has updated its Foreign Affairs Manual (FAM) to toughen its interpretation of the statutory bar on issuance of immigrant visas to communist party members and affiliates. Topics affected including non-meaningful association, the United Socialist Party in Venezuela, ideological exclusion, state-owned enterprise employees, government employees, and joining for the essentials of living.
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…
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…
PRC Officials Must Report Family’s Emigration
Xinhua press agency reports that under new rules officials must report the whereabouts of their spouses and children who have moved abroad. This is part of an anti-corruption regulation that also requires officials to report changes in their marital status, personal incomes, housing, and their family’ s investments. According to Xinhua, the new regulation was…