communist party membership

[mmilinovich 0]

While my wife was an undergraduate in China she was asked by the local Communist Party to join. At that time in her university, this was not something that could be refused without consequences. So, she joined was a member from 1995-1998.

We are planning to write a brief letter explaining this situation to USCIS.

Has anyone been in a similar situation, had similar experiences, or have any additional advice?

[misa 2]

I posted this for someone else. She'll be okay if she explains the situation. Read the exceptions in bold.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Recieve Visas

(D) Immigrant membership in totalitarian party.-

(i) In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(ii) Exception for involuntary membership.- Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.

(iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-

(I) the membership or affiliation terminated at least-

(a) 2 years before the date of such application, or

( b ) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and

(II) the alien is not a threat to the security of the United States.

(iv) Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

Edited February 25, 2007 by misa

[lostinblue 1,989]

http://candleforlove.com/forums/index.php?...mp;hl=communist

http://candleforlove.com/forums/index.php?showtopic=10946

Maybe this will help