In adjustment of status from F1, question regarding CCP

[Kathryn41 3,205]

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[asdfg 18]

Do some relevant reading. Power of knowledge can never be overestimated.

The below case is not relevant to you ( you are from China, you didn't come here in 1920, you didn't join Communist Party of US and generations grew up after McCarthy).

But you may use it for educational purposes.

A lot of posters on public forums (self proclaimed and somehow able to pass bar exam immigration lawyers too, btw) should be educated by bringing them to a Federal Court and having a Federal Judge read this stuff to them in a Court room, hammering it down as he hits the hammer off the bench. You can avoid such fate by doing yourself a favor and reading some relevant material. Below I took a quote that you may find useful (I am not aware of any specific country related exceptions applicable to nationals of China, what you see below has general applicability).

Good luck.

http://bulk.resource.org/courts.gov/c/F2/671/671.F2d.317.81-5241.html

The Internal Security Act of 1950 directed deportation of aliens who had been members of the Communist Party. To correct the Attorney General's overly harsh interpretation of what constituted a "member" under the Act, Congress in 1951 amended the statute. That amendment exempted from deportation aliens who had been members of communist organizations when they were children, by operation of law, or when required to obtain the necessities of life.3

5

When Congress enacted the Immigration and Nationality Act of 1952, it repealed these exemptions from the deportation statute, but reenacted them as part of the section governing exclusion of aliens desiring initial entry into the United States.4

Edited August 14, 2012 by asdfg

[CC90 90]

You should also consider that affirmatively quitting and disassociating yourself with the party, contrasted with just letting it lapse can be construed as two different things.

[asdfg 18]

You should also consider that affirmatively quitting and disassociating yourself with the party, contrasted with just letting it lapse can be construed as two different things.

I don't know what is applicability of law in your case is.

My own interviewing officer was so d.umb and undereducated that he asked me twice if I was a member of communist party in former USSR (I was 15 when Soviet tanks rolled into capital city where I was born and killed couple of hundred civilians and before that we had killings of ethnic minorities by local nationalists and near war state for 2 years. Soviet Union collapsed shortly thereafter and no individual even in theory was up to join a CP after those events.

Anyone who went to any sort of school studying Soviet affairs and is not completely retarded would know that 15 years old children were not admitted to Communist Party since may be 1950s. But this is just a side note, just to let you know how retarded some USCIS officers can be).

But your case may be different. You are from China, and it is still ruled by CCP. I do not know particulars of your case and how INA treats someone in your circumstances. You should seek advise of qualified immigration attorney.

Good luck.

Edited August 15, 2012 by asdfg

[bigdog 376]

I agree with D on this.