Membership in the Communist Party & Its Effect on U.S. Green Card Ineligibility
Questions relating to membership in the Communist Party appear in a number of U.S. immigration applications. It is specifically addressed in the Adjustment of Status or the Consular Processing stage the client must undergo when receiving lawful permanent residence either from within the U.S. or through a consulate abroad through forms DS-260 or I-485.
Generally, membership in the Communist Party may render the client inadmissible and ineligible for permanent residency in the United States. This includes membership in organizations that are associated with the party such as the Communist Youth League, All-China Federation of Industry and Commerce, and the All-China Women’s Federation.
Non-members may also be ineligible for permanent residency if they are “affiliated” with the Communist Party or an associated organization. Affiliation can include contributing money or any other item of value to such organizations.
There are, however, several exceptions:
· Termination of Membership
A client may still be admissible for immigration to the U.S. if his or her membership/affiliation with the Communist Party is terminated at least two years before the date of the application.
· Involuntary Membership
Likewise, a client may qualify for an exception if membership was “involuntary.” Involuntary membership can include joining for the purposes of employment, food rations, or other living essentials. It may also include membership that solely occurred when the client was under the age of 16 or where membership was required by law.
· Non-Meaningful Association
If the client’s membership is “non-meaningful” or the primary purpose of their association is “devoid of political implications.”
In addition to these exceptions, bars to admission may be waived if the client is a parent, spouse, son, daughter, brother, or sister of a U.S. Citizen; or the spouse, son, or daughter of a lawful permanent resident.
For further information, please seek an experienced immigration attorney to address the specific facts in your client’s case.
Disclaimer: The information provided on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact a licensed professional to obtain advice with respect to any particular issue or problem. Use of and access to this website or article does not create an attorney-client relationship.