Shouldn't communists get pink slips instead of blue slips?

[hugazebra]

First off, a big thank you to all the previous posters on CFL from whom I've garned so much preparatory info from. I've been read-only for a long time, but it looks like I finally made it past the spam filter to have posting rights. Maybe something to do with my screen name?

 

My wife's IR1 interview was on 2010-07-20.

 

A few weeks ago, while preparing documents and getting new notarized everythings, I came across the posts about CCP membership and noticed that my lawyer had checked the NO box on the DS-230 for party membership. I contacted GUZ using web contact form leaving my wife's contact info and my China mobile number. They called me back within the week and told me to prepare Chinese and English versions of:

 

1. Personal resume including positions, detailed responsibilities, and list of all publications.
   
2. Statement about CCP involvement answering 8 questions
   
3. Any supporting documents about CCP membership termination
   

The day before the interview, I attended ACH to ask about DS-230 mistakes. The VO said they could not accept new DS-230's in GUZ at the interview, but could annotate the file with the corrections. I also alerted them to having a new cosponsor, and asked lots of questions until I was the last one left at ACH...

 

On interview day, we got there at 7:00am and ended up about halfway in line by the time they started letting people in for 7:15am appointments. I guess the VOs got some payback because my wife ended up being one of the last ones interviewed .

 

They took the cosponsor I-864 and 2009 tax returns, but didn't take my updated I-864 or 2009 tax return. Also accepted the CCP related documents, and had a quick glance at an annotated color laser printout of family photos from the last 5 years (we were fortunate to have pictures with one or the other family from multiple points in time, and had a full wedding with both sides in attendance).

 

At the end, she got a blue slip with no requests for further documentation, presumably for SAO processing, and was told to expect further updates in three months or so.

 

After the interview, we browsed around TianYu Gardens to check out airplane ticket prices, we talked to some of those visa assistance firms. They said that for people in certain professions, CCP membership is pretty much an automatic blue slip. My wife is a university teacher and has had minimal CCP involvement, so we're crossing our fingers and hoping for the best. She noted that ahead of her, there were plenty of applicants that seemed to be of ordinary background who didn't even get asked the CCP question, but the better dressed ones seemed to always get it.

 

She tried resigning from CCP a few months ago, but apparently it was unheard of for teachers to resign from the party and requires convening meetings and bureaucracies. Instead, the local communist branch said it would be easiest to just immigrate first and party membership would be automatically revoked.

 

We're back in Shanghai now ahead of typhoon Chanthu and ready to start our next ordeal: Visiting the Shanghai Expo 2010. Not sure whether waiting for a visa or waiting for entry into national pavilions will be more painful!

 

Anyhow, My time in China is at an end, so I'm moving back to US next month for some clean air, clean food, and Western salaries while I wait for my wife to get her visa.

 

-Z

[Smitty]

Well, good luck with everything, and keep your spirits up!

[dnoblett]

No need to resign. The resignation would have needed to be more than 2 years prior to interview.

 

It is understood that party membership may be a requirement of working at some jobs especially government jobs like teacher at a university. It is similar to having to be in a Union for working at some jobs in the USA.

 

However by US law membership of a totalitarian party is a mark of inadvisability which requires additional processing for a waiver. So BLUE the visa is NOT approved until this additional processing is completed. Blue is NOT a denial (NOID White Slip)

 

(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 Edited July 23, 2010 by dnoblett (see edit history)

[Lee VD]

I know this is sacriligous but after our experience, if we did it all over again , I would say just lie about it and say no. They have no way of knowing if you were a CCP member if it was an inoccuous membership. Its so stupid really.

[Rob and WeiLing]

No need to resign. The resignation would have needed to be more than 2 years prior to interview.

 

It is understood that party membership may be a requirement of working at some jobs especially government jobs like teacher at a university. It is similar to having to be in a Union for working at some jobs in the USA.

 

However by US law membership of a totalitarian party is a mark of inadvisability which requires additional processing for a waiver. So BLUE the visa is NOT approved until this additional processing is completed. Blue is NOT a denial (NOID White Slip)

 

http://travel.state....ies_1364.html#1

 

I think a spell checker got the best of you up there... The section (D)(iv) in your quote is an interesting read. I don't suppose the Attorney General has time to review each case, but perhaps that explains part of the extra wait for CCP members?

 

 

I know this is sacriligous but after our experience, if we did it all over again , I would say just lie about it and say no. They have no way of knowing if you were a CCP member if it was an inoccuous membership. Its so stupid really.

 

I'd agree that the processing for CCP members is stupid and unnecessary, but I'm not sure it's wise to advise people to intentionally misrepresent themselves. In the chance that GUZ investigates and finds that a spouse is in-fact a member of the CCP, they're risking a factual misrepresentation that will bar them from ever obtaining a visa (supposedly). I'd think the white is more troublesome than the blue...

[slw268]

 

I'd agree that the processing for CCP members is stupid and unnecessary, but I'm not sure it's wise to advise people to intentionally misrepresent themselves. In the chance that GUZ investigates and finds that a spouse is in-fact a member of the CCP, they're risking a factual misrepresentation that will bar them from ever obtaining a visa (supposedly). I'd think the white is more troublesome than the blue...

Not to start anything, your comment inspired a thought. (Hey c'mon it happens!)

But Why is it stupid to process for CCP members?

I agree with the do not lie.

[warpedbored]

I agree that if one were to lie about it, chances are they would never know EXCEPT in certain professions where the consulate knows CCP membership is a requirement.. They process thousands of applications a year. I wouldn't want to bet that they don't know university professors are generally CCP members. The other part of this is the general rule of thumb when it comes to dealing with the USCIS. NEVER EVER EVER LIE TO THEM. It could come back to bite you in the ass. For instance, what if your sweet heart had an enemy or pissed someone off in China that knew she was a CCP member? even years from now . If they reported her It could result in deportation and a permanent ban from entering the US. Not worth the risk IMO. I don't know of any cases where a blue slip for CCP membership hasn't been overcome. It usually takes 3-4 months.

[Rob and WeiLing]

Not to start anything, your comment inspired a thought. (Hey c'mon it happens!)

But Why is it stupid to process for CCP members?

I agree with the do not lie.

 

Well, my thoughts are that policy-makers in China are going to be welcomed to America regardless of CCP membership. Obama, Hillary and Bill Clinton, etc commonly visit China. Are we worried about Hu Jintao visiting the US? And for those that aren't big names or policy makers, for example the little people like University professors: is it necessary to do some extra processing for them? What are we worried about? Even the word "Communist" is a bad word in America, I highly doubt they'd be successful in any kind of attempt to overthrow our government. As such, I think it's a waste of time.

[dnoblett]

Lying Misrepresentation, if it EVER comes to light, USCIS Can and does cancel green-card and even can deport.

 

Prime example what happens if misrepresentation for immigrations gets discovered.

 

Immigrant Couple Faces Deportation Over Marriage Status

http://www.foxnews.com/story/0,2933,312021,00.html

[slw268]

Even the word "Communist" is a bad word in America,

[Randy W]

USCONGUZ' response to this question

 

http://candleforlove.com/forums/index.php?showtopic=14090&view=findpost&p=172120

 

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?

 

Because it's the law...

 

Please refer again to the link in our previous post.

 

 

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