question about communist party

[waterox]

I am asking for a friend. He filed a CR-1 for his wife. The NOA2 has been received recently, and now he is in the process of getting paperwork ready for the National Visa Center.

 

His wife is a teacher in a high school. And so she joined the Chinese Communist Party for her job. From reading this forum, it seems that being a member of the CCP means a blue slip.

 

Is there anyway my friend and his wife can resolve this issue?

 

 

My friend does not speak good English; that is why I am posting on his behalf.

 

Thanks alot!

[dnoblett]

It has to be resolved at the request of the interviewing officer.

 

All forms need to be honestly filled out and questions need to be honestly answered, so if a form asks about this, or the interviewing officer asks the question the it MUST be answered honestly.

 

A few members on the board never quit the party they answered honestly, and got a blue slip, and filed for a waiver, and were approved.

[waterox]

This may show how naive I am. Is it possible for my friend's wife to leave the Chinese Communist Party before the interview?

 

 

It has to be resolved at the request of the interviewing officer.

 

All forms need to be honestly filled out and questions need to be honestly answered, so if a form asks about this, or the interviewing officer asks the question the it MUST be answered honestly.

 

A few members on the board never quit the party they answered honestly, and got a blue slip, and filed for a waiver, and were approved.

[HelloWorld08]

This may show how naive I am. Is it possible for my friend's wife to leave the Chinese Communist Party before the interview?

 

 

It has to be resolved at the request of the interviewing officer.

 

All forms need to be honestly filled out and questions need to be honestly answered, so if a form asks about this, or the interviewing officer asks the question the it MUST be answered honestly.

 

A few members on the board never quit the party they answered honestly, and got a blue slip, and filed for a waiver, and were approved.

 

yes, resign would be a good idea

[dnoblett]

This may show how naive I am. Is it possible for my friend's wife to leave the Chinese Communist Party before the interview?

 

 

It has to be resolved at the request of the interviewing officer.

 

All forms need to be honestly filled out and questions need to be honestly answered, so if a form asks about this, or the interviewing officer asks the question the it MUST be answered honestly.

 

A few members on the board never quit the party they answered honestly, and got a blue slip, and filed for a waiver, and were approved.

Yes, many do and provide evidence that they did, however, the inadmisibility rule still applies.

 

(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...ities_1364.html

 

This is a speed bump, not a road block, this is generally handled with a waiver, even if never resigned from the party, many do not resign because their employment is dependant on this.

[waterox]

How should my friend and his wife prepare so that when his wife goes to the interview that she does not get a blue slip?

 

I am thinking of the following:

- write a letter in English and have it notarized that her job as a high school teacher required her to be a CCP member and that she is not a threat to the US

- resign from the job and the party even though this is less than 2 years away from the application

 

 

What do you think?

[Randy W]

How should my friend and his wife prepare so that when his wife goes to the interview that she does not get a blue slip?

 

I am thinking of the following:

- write a letter in English and have it notarized that her job as a high school teacher required her to be a CCP member and that she is not a threat to the US

- resign from the job and the party even though this is less than 2 years away from the application

 

 

What do you think?

 

 

A nice try, but they will often blue slip at the interview for a waiver. You cannot prepare for this in advance.

 

Just play it straight, like you're planning, but be aware that you may get a blue slip anyway.

[dnoblett]

How should my friend and his wife prepare so that when his wife goes to the interview that she does not get a blue slip?

 

I am thinking of the following:

- write a letter in English and have it notarized that her job as a high school teacher required her to be a CCP member and that she is not a threat to the US

- resign from the job and the party even though this is less than 2 years away from the application

 

 

What do you think?

No way to prepare for this, play it straight, and deal with the waiver.

 

If you LIE and they catch the lie the penalty is much worse than a blue slip, they WILL NOID and deny the visa on the grounds of misrepresentation, if they don't catch it at the time of visa and a visa is issued, and later USCIS somehow catch this, a green-card or even citizenship can be revoked for this lie.

 

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

[Lee VD]

Ive been researching this issue quite a bit here and there appears to be a trend in that more recent interviews, when asked (and it appears that 95+% of the time the assistant asks it initially), often it is let go with a good explanation from the beneficiary. Of course it depends on the VO and a blue slip is still definately possible.

 

I extracted the FAM rules on this to see specifically what it says and in a nutshell it does show that a decent explanation to the VO should do it. If the VO feels that they are likely INELIGIBLE due to NOT meeting the criteria for allowing CCP (which is extensive) then you are directed to the waiver process.

 

The way GUZ has been going recently its no surprise they are making people get waivers on this but it is really unnecessary. The FAM says that the VO MUST help direct them to file the waiver, in fact it seems to imply they fill it out with you?! If it wasn't for that, they would surely be white slipping these people.

 

I'm interested in hearing more recent CCP stories but I think its been a while since someone was directed to do a waiver or at least it seems more the exception than the rule recently. Ive heard more cases where they forgot to ask or were satisifed with the response.

Have a letter ready as explained in the above links... that way if they don't seem to be buying the explanation, reading it may do the trick. Make sure to hit right on the reason allowing the waiver.

 

I have the same issue with my girl but we decided she isnt going to quit (even though we are probably 18 months from interviewing) because it is just too much risk to her job at a university.

Edited April 17, 2009 by Lee VD (see edit history)

[Guest Pommey]

Remember this also can be asked at any stage,Jin was asked at our AOS Interview in Denver.

[waterox]

Thanks for the info!!!!!

[david_dawei]

I cannot recall a single case on CFL where a person was asked about CCP membership (past or present) and answered, "yes" (past or present) and DID NOT GET a blue.

 

I've got some old history files to look back at to confirm, but that's my memory right now. Others who have been here a number of years may have another opinion.

 

The best preparation in my view is:

1. offer nothing in advance; let the VO ask the questions

2. prepare a solid answer if asked which is to the point and possibly confirms to what 9FAM says.

3. expect a blue if asked;

4. if a blue is given; ask about the waiver before leaving the window. Ask where, while the SO is still inside the consulate, they can get more clarification; I think there is another window they can be directed to to get more info, but very few know about this.

[Lee VD]

I cannot recall a single case on CFL where a person was asked about CCP membership (past or present) and answered, "yes" (past or present) and DID NOT GET a blue.

 

Here's a couple:

 

http://candleforlove.com/forums/index.php?...c=34631&hl=

 

http://candleforlove.com/forums/index.php?...mp;#entry438915

--Of course this one was a "not asked" which is pretty rare in itself it seems.

 

Are there any recent CCP blues in work? If so, I would like to see so I can track how they are going/timeline...

Edited April 20, 2009 by Lee VD (see edit history)

[Sebastian]

I thought there were a lot of good 'nuggets' here -

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

[malegolf]

I seen someone mentioned to show a letter from husband explaining the ccp issue, I'm not sure I understand what the letter should say, can someone help me???

 

Thanks