GNI-2

[Tom and Hongyan]

On the form GNI-2, in packet #4, has anyone answered #17 A, B, or C with a YES? My fiance is a member of the CCP and I think she should answer #C with a YES, but it sounds so bad. Do anyone know what she is to write in the area where is states I claim to be exempt from ineligibility to receive a visa and exclusion under item______in part_____for the following reasons.

[HelloWorld08]

always answer the forms with the Truth, regardless of good or bad, the Consulate needs to know, if you don't tell them they will find out anyway, so it's better if you tell them first, if they have to go looking then the consequences are big.

[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)

 

FAQ Last time: http://candleforlove.com/forums/index.php?showtopic=39694

 

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.

Edited December 5, 2009 by dnoblett (see edit history)

[david_dawei]

I don't think she can claim any exemption; You should be prepared for a blue slip which spells out the need for the wavier.

 

They tend to use that approach so they can review the case in more detail instead of making a decision at the interview as to eligibility or not.

[warpedbored]

There is one hard and fast rule when it comes to any kind of petition for an immigrant visa. NEVER EVER EVER LIE TO THE USCIS. Now I think it highly unlikely that the CCP is going to share it's membership roles with the US goverment but there are too many other risks involved to attempt to hide CCP membership. A disgruntled co-worker or jilted lover could decide to extract vengeance and notify the consulate. Even if this happened years down the road it could result in deportation and a permanent ban. as Dan pointed out it is a fairly easy overcome and usually adds only 3-4 months to your timeline. The most common reason for being a member of the CCP is it was necessary to obtain or maintain employment.

[Guest Pommey]

CCP membership is a easy blue sip overcome, if that. A white for misrepresentation is a nightmare, its that simple.

Edited December 6, 2009 by Pommey (see edit history)