Interview ?

[Vinny]

Hey just a quick question. There maybe a question that my Fiancee will get during her interview. Are you a Communist? answer is NO correct?

[dnoblett]

The answer should be the TRUTH! Yes if she is or was, and No if she was never a member.

 

If she was and LIES to avoid the additional processing for the normal waiver, and this is discovered, the visa or future things like green-card, removal of conditions or citizenship can be denied based on Misrepresentation.

 

Question 7 on form Supplemental Form GNI-2 specifically ASKS about this: http://guangzhou-ch.usembassy-china.org.cn..._Form_GNI-2.pdf

[Vinny]

Thank You again Dan!

[Kyle]

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

 

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

 

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

 

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

 

A search for "communist" will yield several results. In short, never answer deceitfully.

[dnoblett]

Note: Communist membership is an easy waiver. Denial for misrepresentation is NOT. Misrepresentation is a hard and fast denial, no waivers allowed.

 

MORE: http://travel.state.gov/visa/frvi/ineligib...Ineligibilities

 

(C ) Misrepresentation.-

 

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

 

(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.

http://travel.state.gov/visa/frvi/ineligib...Ineligibilities (See the Exception for family members, or the Exception for involuntary membership. This applies to communists, NOT MISREPRESENTATION) Edited December 3, 2009 by dnoblett (see edit history)