Tom and Hongyan Posted August 25, 2009 Report Share Posted August 25, 2009 I just found out that my fiance is a member of the CCP which she has to be a part of because of her job. My question is, will this keep her from getting her visa or will this delay our case because of more back ground check. We are still waiting for noa2 any day now, we hope. Link to comment
Randy W Posted August 25, 2009 Report Share Posted August 25, 2009 Communist Party Membership - see DOS Classes of Aliens Ineligible to Receive VisasD) 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. This does not mean that you will NOT get a visa - exceptions are taken, and waivers granted so that the biggest impact is typically a blue slip, with additional processing required. Each case is different. Exception for involuntary membership. - Exception is made for an alien if the alien establishes that the membership or affiliation was involuntary, or was solely when under 16 years of age, required by law, or for purposes of obtaining employment, or other essentials of living and when necessary for such purposes. Exception for past membership. - Exception is made for an alien if the alien establishes that the membership or affiliation terminated at least 2 years before the date of such application At the time of the interview, a waiver may be required at the discretion of the consular officer. The best approach to this issue is to have the Chinese beneficiary quit membership as soon as possible before the interview, if the situation permits. It may be possible to quit passively (by not paying dues and ceasing all activities). Answer all questions truthfully. Link to comment
dnoblett Posted August 25, 2009 Report Share Posted August 25, 2009 I will add, there are forms that will be filled out to be submitted at the time of interview that specifically ask about the CCP. http://guangzhou-ch.usembassy-china.org.cn..._Form_GNI-2.pdf (#7 asks about political organizations) DO NOT LIE when answering the questions on this form, doing so and then getting caught has worse repercussions as in a revoked visa petition, or if it is caught later in the USA it can result in a denied green-card, revoked green-card, or even revoked citizenship. Obtaining a visa by misrepresentation is a serious thing. Link to comment
Tom and Hongyan Posted August 25, 2009 Author Report Share Posted August 25, 2009 Communist Party Membership - see DOS Classes of Aliens Ineligible to Receive VisasD) 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. This does not mean that you will NOT get a visa - exceptions are taken, and waivers granted so that the biggest impact is typically a blue slip, with additional processing required. Each case is different. Exception for involuntary membership. - Exception is made for an alien if the alien establishes that the membership or affiliation was involuntary, or was solely when under 16 years of age, required by law, or for purposes of obtaining employment, or other essentials of living and when necessary for such purposes. Exception for past membership. - Exception is made for an alien if the alien establishes that the membership or affiliation terminated at least 2 years before the date of such application At the time of the interview, a waiver may be required at the discretion of the consular officer. The best approach to this issue is to have the Chinese beneficiary quit membership as soon as possible before the interview, if the situation permits. It may be possible to quit passively (by not paying dues and ceasing all activities). Answer all questions truthfully.My fiance has been working for the Company for 25 years and I sure wouldn't want her to quit her job before she has a visa, if for some reason she was denied she would still have her job. What should i do? Link to comment
Tom and Hongyan Posted August 25, 2009 Author Report Share Posted August 25, 2009 Communist Party Membership - see DOS Classes of Aliens Ineligible to Receive VisasD) 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. This does not mean that you will NOT get a visa - exceptions are taken, and waivers granted so that the biggest impact is typically a blue slip, with additional processing required. Each case is different. Exception for involuntary membership. - Exception is made for an alien if the alien establishes that the membership or affiliation was involuntary, or was solely when under 16 years of age, required by law, or for purposes of obtaining employment, or other essentials of living and when necessary for such purposes. Exception for past membership. - Exception is made for an alien if the alien establishes that the membership or affiliation terminated at least 2 years before the date of such application At the time of the interview, a waiver may be required at the discretion of the consular officer. The best approach to this issue is to have the Chinese beneficiary quit membership as soon as possible before the interview, if the situation permits. It may be possible to quit passively (by not paying dues and ceasing all activities). Answer all questions truthfully.My fiance has been working for the Company for 25 years and I sure wouldn't want her to quit her job before she has a visa, if for some reason she was denied she would still have her job. What should i do?I would never lie on any form or other wise and I asure you she would not lie either. If she get denied I will move to China Link to comment
dnoblett Posted August 25, 2009 Report Share Posted August 25, 2009 My fiance has been working for the Company for 25 years and I sure wouldn't want her to quit her job before she has a visa, if for some reason she was denied she would still have her job. What should i do?Several members of the board have had to deal with this, it is a speed bump. I have yet to see a denial for this, what happens is the interviewing officer issues a "Blue Slip" and requests that a waiver be filed to overcome this. The waiver is processed which takes up to 4 months and a visa is issued. Two members I can think of are Mama Bear, and Paula. Do as Mama Bear did: http://candleforlove.com/forums/index.php?...c=21187&hl= http://candleforlove.com/forums/index.php?...c=24087&hl= OR Paula. http://candleforlove.com/forums/index.php?...c=18469&hl= http://candleforlove.com/forums/index.php?...st&p=259764 Link to comment
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