ccp rejection

[markandshuai]

Well, Yesterday my wife's parents went in for their visa interview and were immediate told since her father was a member of the ccp they have 3 months to send in some more info, i do not have the info they require since they are still traveling back to northeast china.

can anyone fill me in on what he needs to do, the only reason he is a member is because he previously worked for the immigration department in china, which falls in to the military category, and he retired about 10 years ago. the reason he is still part of the ccp is because as of this year he turns 55 and can finally get his retirement and felt it was required until he actually received his retirement.

is this a serious problem or what, can they do the paperwork required or should they have a lawyer fill it out. any info or help would be greatly appreciated

mark s

[dnoblett]

May be requested to file an I-601

 

http://guangzhou.usembassy-china.org.cn/wa...issibility.html

 

http://www.uscis.gov/files/form/i-601.pdf

[Lee VD]

I don't believe I have seen it mentioned that a fee was required when this is done in conjunction with a K visa, is that correct?

[Lee VD]

Hmm... Im not sure I see any reason why this can't be sent in prior to the interview (as soon as an A number is assigned)?

[shadeOgray]

Anyone trying to get a visa and is a communist party member is almost always asked for this. It is a common thing, don't despair just yet, simply do what they tell you to do and everything should be ok.

[Daviation]

I am curious what type of visa they are seeking? For B2 this was never a question on the application, nor was it asked during interview (at least in my limited experience).

[markandshuai]

their visa type was IR5

[Daviation]

their visa type was IR5

 

Ah... understand. Seems this is part of immigrant visa process but not tourist visa... guess that makes sense.

[dnoblett]

their visa type was IR5

 

Ah... understand. Seems this is part of immigrant visa process but not tourist visa... guess that makes sense.

Yep Communist party members generally are not inadmissible however if immigrating then this becomes an issue per the law, fairly easy to deal with.

[warpedbored]

It will require a waiver and an explanation as to why they were a member. Requirement for a job has always worked as far as I know. We have had some members here have to overcome it. Usually takes about 3 months.

[Lee VD]

May be requested to file an I-601

 

http://guangzhou.usembassy-china.org.cn/wa...issibility.html

 

http://www.uscis.gov/files/form/i-601.pdf

 

I found this link posted to the law on the CCP issue:

 

http://www.state.gov/documents/organization/86972.pdf

 

Note that really it comes down to 3 possible determinations:

 

1) Not "meaningful" (lots of definitions above for that) so nothing more needs to be done.

2) Not "meaningful" but an SAO (Security Advisory Opinion) is requested from DC

3) Determined meaningful and non-admissable but applicant can seek a waiver.

 

But THIS is the kicker:

9 FAM 40.34 N7 SECURITY ADVISORY

OPINIONS (SAOs) AND CLEARANCES IN NONMEANINGFUL

AND NON-VOLUNTARY

ASSOCIATION CASES

9 FAM 40.34 N7.1 Cases Which Require Security

Advisory Opinions (SAOs)

(CT:VISA-939; 03-21-2008)

You must request the Department¡¯s security advisory opinion (SAO) (see 9

FAM 40.34 PN1) in all cases involving claimed non-meaningful or nonvoluntary

membership by nationals of Cuba, Laos, North Korea, the People¡¯s

Republic of China, and Vietnam who are, or were during the past five years,

members of the Communist Party. Posts should also seek a SAO in any case

in which an alien¡¯s claim to non-meaningful or non-voluntary association is

questionable. When an SAO has been requested, no visa may be issued

until the Department¡¯s response has been received.

 

So really they aren't supposed to do #1 and ALWAYS do at least #2. But the SAO is not a waiver so may not require the I-601, but of course you may be required to go that route. Note in GUZ Speaks a while back they said that the appluicant will be asked to complete "a questionnaire" so it seems like they may have this for people who didn't prepare a letter of explanation.

 

Lee

Edited June 21, 2010 by Lee VD (see edit history)

[dnoblett]

LEE, good post.

[Lee VD]

It seems the I-601 is really designed for the AOS process if someone is already in country to make sure this check is done, however it could be requested during the visa process if they determine you have a meaningful affiliation, particularly if involved with the government or high tech in any way. I don't recall anyone here on CCP going through this I-601 process. I think it is important that we distinguish between the SAO and a waiver, they appear to be somewhat different processes.

 

There was a lot of debate in previous threads about whether this is discriminatory due to political affiliation but I interpret it more to be a security issue where being a CCP member is a potential security flag that needs further check due to the tense military relationship between the countries.

 

In our case she will just have the I-601 filled out in case it is asked for but not volunteer it, hoping that only the explanation letter is sufficient for the SAO process.

Edited June 21, 2010 by Lee VD (see edit history)