A couple of questions

[Peter_Pan 661]

1. Question 6 part 3, on the I-485 form, they are asking if I were a member or affiliated to the Communist party. Well, my parent were members of the party, which was pretty common, and I was in a communist organization for kids (which was mandatory). Seeing I was 7 when communism fell, do I answer yes or no to that question. And if I go with yes, which are the possible consequences?

2. I will hyphenate my name, but I read that people use the first of the 2 names as middle name. Is it ok if I use Smith-Jones in the box asking for last name?

Thank you.

[Harpa Timsah 13,258]

1. You will have to answer yes and disclose your participation. They do understand what was going on and it should not pose any problem for you. Lying about it will create a problem.

2. I don't understand your question. You want your new last name to be together, like Maiden-Married? That's totally okay.

[Peter_Pan 661]

I have no idea what my participation was, I think I used to recite poems about our great leader at our kindergarten festivities. I decided to go with NO after al, spoken to some Romanians in similar situations and seems they all answered negatively.

I have another question, if I file AOS a couple of weeks after my I-94 days authorization expires, can I still use the AP when it arrives, or will those weeks be considered an impediment to my returning to the US?

[KayDeeCee 4,896]

I have another question, if I file AOS a couple of weeks after my I-94 days authorization expires, can I still use the AP when it arrives, or will those weeks be considered an impediment to my returning to the US?

Only being a couple weeks past the I-94 expiration will not affect your AP. You can travel and re-enter when you get your AP.

It is only when you have 180 days or more of overstay that you should not leave the US and attempt to use AP to re-enter. In those cases, you should not travel outside the US until you have your green card in hand.

[Harpa Timsah 13,258]

No is the wrong answer. "No" can get your AOS denied and get you deported. The truth is yes. Plenty of people from former or even current communist countries say yes and get GCs. Telling the truth will not cause your application harm, but lying can and will.

Why do people insist on lying all the time?

Edited August 13, 2012 by Harpa Timsah

[ceadsearc 516]

No is the wrong answer. "No" can get your AOS denied and get you deported. The truth is yes. Plenty of people from former or even current communist countries say yes and get GCs. Telling the truth will not cause your application harm, but lying can and will.

Why do people insist on lying all the time?

I agree. USCIS is unlikely to believe you if you were from a communist country before the fall of communism. If they care, they'll interview and ask you. There are tons of LPRs who grew up in communism.

[Peter_Pan 661]

Only being a couple weeks past the I-94 expiration will not affect your AP. You can travel and re-enter when you get your AP.

It is only when you have 180 days or more of overstay that you should not leave the US and attempt to use AP to re-enter. In those cases, you should not travel outside the US until you have your green card in hand.

I see, thank you.

[Peter_Pan 661]

I agree. USCIS is unlikely to believe you if you were from a communist country before the fall of communism. If they care, they'll interview and ask you. There are tons of LPRs who grew up in communism.

That may be so, but so far all who answered no to that question and they all passed the tests all right. Actually, there was someone who said yes and she got in trouble when she applied for citizenship.

As to lying ... well, I guess it all depends on how you interpret the question, since there is not one piece of paper that connects me in any way to communism (you would become a member at 18+ after swearing allegiance to the party).

[ceadsearc 516]

It sounds like at your age you were not actually a member of the party, then, and rather just grew up in a communist family in a communist country? Fine line, no doubt, but I can also see the argument that a young child can't really be part of a political party.

Regional forums might provide some first hand VJ experiencd as well.