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Communist Party Membership

CCP Waiver

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#1 frank1538

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Posted 19 November 2005 - 10:25 AM

A number of CFL members have asked whether current or prior membership in the Chinese Communist Party is an impediment to the granting of a K-1, K-3, CR-1, or IR-1 visa.

The most common instance seems to be a situation where CCP membership is required or "strongly suggested" in order to hold a particular job. How does the consulate deal with this and other similar situations where membership is in name only and not active?

Does resignation from the CCP have any impact on the granting of a visa?

Are there instances where CCP membership is grounds for an outright denial of a visa?



#2 USCONGUZ

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Posted 28 November 2005 - 02:51 AM

A number of CFL members have asked whether current or prior membership in the Chinese Communist Party is an impediment to the granting of a K-1, K-3, CR-1, or IR-1 visa.

The most common instance seems to be a situation where CCP membership is required or "strongly suggested" in order to hold a particular job.  How does the consulate deal with this and other similar situations where membership is in name only and not active?

Does resignation from the CCP have any impact on the granting of a visa?

Are there instances where CCP membership is grounds for an outright denial of a visa?

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Dear CFL Members,

Here is a link that you should be able to access, which takes you directly to the section of the FAM, which deals with this issue. It is:

[media]http://foia.state.gov/masterdocs/09fam/0940034N.pdf[/media] *

If an applicant is a current or former member of the Chinese Communist Party, we request that they fill out a questionnaire, which we provide. This questionnaire has detailed questions about the nature of the applicant抯 membership in the Communist Party. Based on the answers to these questions, we then consult with D.C. in making a decision on whether or not an applicant抯 membership in the party makes them ineligible for a visa.

If an applicant quit the party over five years ago, it can relive him or her of the ineligibility.

Sincerely,

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Edited by Randy W, 22 February 2014 - 02:55 AM.
* See updated link below


#3 warpedbored

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Posted 28 November 2005 - 11:31 AM

Since there is an active communist party in the USA and it is not illegal to be a communist in the USA, why would membership in the communist party in China be a reason for denial?

#4 USCONGUZ

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Posted 30 November 2005 - 01:03 AM

Since there is an active communist party in the USA and it is not illegal to be a communist in the USA,  why would membership in the communist party in China be a reason for denial?

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Because it's the law...

Please refer again to the link in our previous post.

#5 warpedbored

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Posted 30 November 2005 - 01:07 AM

That link specifically says immigrant visas. K-1 and K-3 are not immigrant visas.

#6 USCONGUZ

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Posted 30 November 2005 - 01:13 AM

That link specifically says immigrant visas.  K-1 and K-3 are not immigrant visas.

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K1's and K3's are treated as immigrant visas.

#7 Trigg

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Posted 30 November 2005 - 02:11 AM

That link specifically says immigrant visas. K-1 and K-3 are not immigrant visas.

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K1's and K3's are treated as immigrant visas.

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Is it also the law that you treat the non-immigrating visas as immigrant visas? or is this a way to rewrite the law in the interest of protecting us from the red menace??

#8 Phil & Ningning

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Posted 11 December 2005 - 10:35 PM

That link specifically says immigrant visas.  K-1 and K-3 are not immigrant visas.

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K1's and K3's are treated as immigrant visas.

View Post

Is it also the law that you treat the non-immigrating visas as immigrant visas? or is this a way to rewrite the law in the interest of protecting us from the red menace??

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You know, I am very curious about this aspect of the K1 visa. It was confusing to me that a non-immigrant visa is treated as an immigrant visa. I understand the need for this but it seems to be a contradiction in terminology and usage.

Is it the law that a non-immigrant visa is treated as an immigrant visa? Where is the line drawn? What is the cutoff point in the process when a K1 visa applicant becomes an immigrant?

#9 USCONGUZ

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Posted 14 December 2005 - 02:29 AM

That link specifically says immigrant visas.  K-1 and K-3 are not immigrant visas.

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K1's and K3's are treated as immigrant visas.

View Post


Is it also the law that you treat the non-immigrating visas as immigrant visas? or is this a way to rewrite the law in the interest of protecting us from the red menace??

View Post


You know, I am very curious about this aspect of the K1 visa. It was confusing to me that a non-immigrant visa is treated as an immigrant visa. I understand the need for this but it seems to be a contradiction in terminology and usage.

Is it the law that a non-immigrant visa is treated as an immigrant visa? Where is the line drawn? What is the cutoff point in the process when a K1 visa applicant becomes an immigrant?

View Post


Dear CFL Members,

Due to the fact that K applicants will be applying to immigrate to the U.S. once they arrive there, the same ineligibilities apply as for immigrant visas.

For more information please see 9 FAM 41.81 N9.1.

[media]http://foia.state.gov/masterdocs/09fam/0941081N.pdf[/media] *

Sincerely,

IV Unit, U.S. Consulate, Guangzhou, China

Edited by Randy W, 22 February 2014 - 02:56 AM.
* See updated link below


#10 lane

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Posted 16 November 2013 - 10:29 PM

Current link/info about Communist Party membership, FYI:

 

http://www.state.gov...ation/86972.pdf

 

Basically it looks like membership shouldn't be a problem if it was only "nominal" (i.e., you didn't seriously subscribe to the communist ideology or participate in activities or hold a position of responsibility, but rather only joined in order to obtain academic or economic benefits, advance employment opportunities, etc.) They may have you fill out an extra form to describe the nature of your membership in the party, but my guess is it won't be a big problem as long as it was only a nominal membership and not serious participation.



#11 Randy W

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Posted 22 February 2014 - 01:22 AM

 

A number of CFL members have asked whether current or prior membership in the Chinese Communist Party is an impediment to the granting of a K-1, K-3, CR-1, or IR-1 visa.

The most common instance seems to be a situation where CCP membership is required or "strongly suggested" in order to hold a particular job.  How does the consulate deal with this and other similar situations where membership is in name only and not active?

Does resignation from the CCP have any impact on the granting of a visa?

Are there instances where CCP membership is grounds for an outright denial of a visa?

View Post

 

Dear CFL Members,

Here is a link that you should be able to access, which takes you directly to the section of the FAM, which deals with this issue. It is:


link to foia.state.gov/masterdocs/09fam/0940034N.pdf



If an applicant is a current or former member of the Chinese Communist Party, we request that they fill out a questionnaire, which we provide. This questionnaire has detailed questions about the nature of the applicant抯 membership in the Communist Party. Based on the answers to these questions, we then consult with D.C. in making a decision on whether or not an applicant抯 membership in the party makes them ineligible for a visa.

If an applicant quit the party over five years ago, it can relive him or her of the ineligibility.

Sincerely,

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

 

 

 

The updated link as of Feb., 2014 is http://www.state.gov...ation/86972.pdf

 

The updated link to 9 FAM 41.81 N9.1 is http://www.state.gov...ation/87391.pdf (pertaining to fiance visas in a later post in this thread).





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