Waiver of Ineligibility

[howaboutasuit]

My SO is in the CCP, and I think it's best that we just admit it to GUZ and persuade them to let us pass. Presumably, we'll argue under the theory that she joined the Party for employment/economic purposes...

 

1. Does anyone know of any resources I could read up on to help guide me through the Waiver of Ineligibility process?

 

2. Also, any ideas on what evidence we should produce?

 

3. Does anyone suppose that it would be wise to contact GUZ in advance and let them know the situation?

 

Thank you all

[Guest pushbrk]

My SO is in the CCP, and I think it's best that we just admit it to GUZ and persuade them to let us pass.  Presumably, we'll argue under the theory that she joined the Party for employment/economic purposes...

 

1. Does anyone know of any resources I could read up on to help guide me through the Waiver of Ineligibility process?

 

2. Also, any ideas on what evidence we should produce?

 

3. Does anyone suppose that it would be wise to contact GUZ in advance and let them know the situation?

 

Thank you all

226977[/snapback]

First, she needs to formally resign from the party ASAP. Second, only use an argument that is true.

[frank1538]

Here are a few links that deal with the subject.

 

This link gives the consulate's take on membership and the questionnaire that they sometimes ask for: http://candleforlove.com/forums/index.php?...ndpost&p=172120

 

This is the Foreign Affairs Manuals section actually dealing with membership: http://foia.state.gov/masterdocs/09fam/0940034N.pdf Before one thinks about a waiver, one should read which types of membership are "overlooked" by the consulate. The FAM lists several types of membership that are not a bar to admission to the US.

 

If it comes down to seeking a waiver, this link provides the procedure: http://foia.state.gov/masterdocs/09fam/0940034PN.pdf I'd certainly try to avoid the waiver if at all possible.

[howaboutasuit]

Why would you avoid the waiver if at all possible? Wouldn't it just minimize risk and save time by getting it taken care of in advance?

 

(We are currently in between the P3 and the P4).

Edited June 27, 2006 by howaboutasuit (see edit history)

[frank1538]

If it comes down to seeking a waiver, this link provides the procedure: http://foia.state.gov/masterdocs/09fam/0940034PN.pdf I'd certainly try to avoid the waiver if at all possible.Why would you avoid the waiver if at all possible?  Wouldn't it just minimize risk and save time by getting it taken care of in advance?

 

(We are currently in between the P3 and the P4).

227003[/snapback]

While waivers are filed with the consulate in Guangzhou, they will likely be forwarded to USCIS is Bangkok. This will likely add a fair amount of time to the process. Also, remember that waivers are discretionary, so there is no guarantee that the waiver will be granted. I haven't seen any statistical data on the success rate of CCP membership waivers, so I don't know how likely it would be to have the waiver granted.

 

My thinking is this. The consulate in Guangzhou must have dealt with the CCP issue a number of times and should be familiar with the ins and outs of membership. The FAM lists quite a few exceptions to the ineligiblity grounds, and I would think that the consulate would be in a better position to "pass" on the issue if the facts are presented correctly. As a matter of procedure, it is always better to resolve an issue and the lowest possible level.

[howaboutasuit]

True enough. So following your advice I ought to prepare a waiver only in that case that my SO gets the blue-slip.

 

But this begs the question: What facts should one present? How can it be undeniably proven that one joined the CCP to gain employment and advance in the workplace?

[papa bear]

My so and myself are in the same boat, we have decided to write the letter and take it to the interview so she will have it with her in case they ask.

She can't quit her membership without losing her job and on the US web site concerning marrage to forgen nationals it says they shouldn't quit there job untill they have the visa in hand, and she needs her job for the insurance, my insurance will only cover emergencies outside of the US.

 

Concerning adding something after the process has started, that is never a good idea unless they ask for it, anything you need to add you should take it to the interview unless they ask for it pryor to the interview. Think of this process or any for that matter as a wheel on a car, the only way to put air in the tire is to stop the car and this car takes too long to get to it's destination to begin with so run it on the rim if you have to

Edited June 27, 2006 by papa bear (see edit history)

[papa bear]

True enough.  So following your advice I ought to prepare a waiver only in that case that my SO gets the blue-slip. 

 

But this begs the question: What facts should one present? How can it be undeniably proven that one joined the CCP to gain employment and advance in the workplace?

227015[/snapback]

I wouldn't wait for the blue slip, just have it ready so if they ask the question about party membership your so can give reply and hand them the letter/waiver, that alone may be enough and possably avoid the blue slip

[howaboutasuit]

So you are just going to provide a single letter? That you yourselves have written, or from her boss?