What to expect regarding CCP membership?

[audelair]

So we are filling out the N-400, and the question comes up regarding if she has EVER been associated with the Communist Party.

 

She'd gone to CCP member meetings during her college years (as recommended by the staff there, for future employment purposes), but quit her membership when she left about 5 years ago.

 

She will put "yes" on the form, and we are considering attaching an explanation to the package.

 

I'm curious if anyone else had to deal with this, and whether we should expect any complications, with the N-400 process. Her affiliation with the CCP simply involved a few meetings, and she pretty much fell asleep at all the meetings .

[LeeFisher3]

Be cautious with this question. Before you answer you should review every document involved in from beginning through today to confirm the exact wording of the questions that were asked and how they were answered. Pay close attention to the wording and be sure you understand what was asked and answered.

 

This can be critical, because if the USCIS sees anything on the naturalization forms that conflicts with prior documents life can get extremely unhappy.

[audelair]

Be cautious with this question. Before you answer you should review every document involved in from beginning through today to confirm the exact wording of the questions that were asked and how they were answered. Pay close attention to the wording and be sure you understand what was asked and answered.

 

This can be critical, because if the USCIS sees anything on the naturalization forms that conflicts with prior documents life can get extremely unhappy.

 

 

Hello,

Thanks for the warning. We were always very cautious of this question.

 

The only time it was asked of us was on DS-230 Part II, where it states "...who is a member of or affiliated with the Communist or other totalitarian party".

 

In that case, we answered "no" and it appears to be the consensus among CFL and Visajourney members that a member who quit the CCP can honestly answer "NO" to that question on the DS-230 form.

 

We did CR-1 (direct consular filing), so no GNI-2 form was given. So we were never asked the "are you or have you EVER been..." version of the question. And the question was never asked verbally at the interview.

 

However, in this case (on the N-400), the question undoubtedly includes prior membership, so we must answer YES.

 

I hope that makes sense, and I hope we did the right thing!

 

Thanks.

Edited March 30, 2009 by audelair (see edit history)

[Sebastian]

I found a lot of good nuggets here -

http://candleforlove.com/forums/index.php?...c=28012&hl=

 

have a look ?

[cguo7]

Hi there, I was hoping you could give me some advice, given your response to another member. My husband will be applying for citizenship next year. He was not asked the "communist" question during the visa interview, even though he listed it on his DFC application. This time around, it looks like we'll have to put yes to the same question, have you guys had to go through this and how was your outcome? Do you think his yes answer will affect his chances for citizenship?

 

Thank you for your help!

 

Be cautious with this question. Before you answer you should review every document involved in from beginning through today to confirm the exact wording of the questions that were asked and how they were answered. Pay close attention to the wording and be sure you understand what was asked and answered.

 

This can be critical, because if the USCIS sees anything on the naturalization forms that conflicts with prior documents life can get extremely unhappy.

 

 

Hello,

Thanks for the warning. We were always very cautious of this question.

 

The only time it was asked of us was on DS-230 Part II, where it states "...who is a member of or affiliated with the Communist or other totalitarian party".

 

In that case, we answered "no" and it appears to be the consensus among CFL and Visajourney members that a member who quit the CCP can honestly answer "NO" to that question on the DS-230 form.

 

We did CR-1 (direct consular filing), so no GNI-2 form was given. So we were never asked the "are you or have you EVER been..." version of the question. And the question was never asked verbally at the interview.

 

However, in this case (on the N-400), the question undoubtedly includes prior membership, so we must answer YES.

 

I hope that makes sense, and I hope we did the right thing!

 

Thanks.

 

[dnoblett]

Answer honestly. This will be asked about at interview.

 

For example, were a member but quit more than 5 years prior to visa interview and answered no, however N-400 does not ask this, it says were ever a member, if you were, you need to answer yes, and then explain this at interview.

 

You should not be denied if you answer honestly, however if you lie and they catch this the consequence is worse than a denial.

 

They do understand the various reasons for communist membership.

 

 

• Join for work reasons, (OK)
• Join for school reasons, (OK)
• Join for political reasons, (Questionable)

 

 

 

 

[cguo7]

Thanks dnoblett, you've always been a great help to me.

 

Answer honestly. This will be asked about at interview.

 

For example, were a member but quit more than 5 years prior to visa interview and answered no, however N-400 does not ask this, it says were ever a member, if you were, you need to answer yes, and then explain this at interview.

 

You should not be denied if you answer honestly, however if you lie and they catch this the consequence is worse than a denial.

 

They do understand the various reasons for communist membership.

 

 

• Join for work reasons, (OK)
• Join for school reasons, (OK)
• Join for political reasons, (Questionable)

 

 

[credzba]

Answer honestly. This will be asked about at interview.

 

For example, were a member but quit more than 5 years prior to visa interview and answered no, however N-400 does not ask this, it says were ever a member, if you were, you need to answer yes, and then explain this at interview.

 

You should not be denied if you answer honestly, however if you lie and they catch this the consequence is worse than a denial.

 

They do understand the various reasons for communist membership.

 

 

• Join for work reasons, (OK)
• Join for school reasons, (OK)
• Join for political reasons, (Questionable)

 

 

 

 

 

 

A little off subject, but why is being a member of the Communist Party a reason to deny a visa.

Isn't that the basis of our democratic system that each person can belong to whatever party they want, so long as it isn't breaking the law?

 

I know this isn't directly related, but these CCP issues always make me curious.

The US citizen could be a Communist Party member with no repercussions right ?

 

 

 

 

[dnoblett]

A little off subject, but why is being a member of the Communist Party a reason to deny a visa.

Isn't that the basis of our democratic system that each person can belong to whatever party they want, so long as it isn't breaking the law?

 

I know this isn't directly related, but these CCP issues always make me curious.

The US citizen could be a Communist Party member with no repercussions right ?

 

Two words "COLD WAR", Why did the USA fight in Vietnam, Korea, Granada for?, Why is our relationship with countries like North Korea, Cuba, and other hard core communist countries a problem?

 

A US Citizen can be a member of the Communist party in the USA with out repercussions, there is no restrictions there, however being a member may be placed on a watch list, much like actively being Nazi, White Supremest, Skin-Head, KKK, etc...

 

However if you are a foreign citizen, and an active member of a totalitarian organization, the US government can disallow visa, or privilege to visit or immigrate to the USA because of that.

 

(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....ies_1364.html#1

 

Again as I said there is a distinction between being a member for work or educational reason verses a political reason. Being a member for work/school reason is easily waived, it just needs additional processing, however, if were a member for purly for ideological and political reasons, the inadmissibility can be a hard and fast rule.

Edited December 3, 2011 by dnoblett (see edit history)