a question about CCP

[xiaozhu]

I read many posts here that the applicants were asked about CCP at visa interview. If yes, more documents are required. What are these documents? Some mentioned that the Consulate gave the applicants a question form regarding CCP (like a questionnaire) to fill out and sumbit it later. Does anybody happen to know relevant information? Thank you!

[dnoblett]

CCP membership for employment is easily waived, the questioner determines this, and the administrative processing for the waiver is fairly quick.

 

It is understood by the consulate, that for the majority of CCP members it is simply a requirement of a job, much like having to join a union in the states for some jobs.

 

Need not quit the party either, just indicate that membership was a requirement for a job.

 

-- Edit --

 

I will add links to interview results with CCP issues here...

 

http://candleforlove.com/forums/index.php?/topic/43420-dont-worry-you-have-plenty-of-time/page__view__findpost__p__574606

Edited June 10, 2011 by dnoblett (see edit history)

[xiaozhu]

Thanks a lot, dnoblett.

 

Should I prepare something ahead and submit to the Consolute at the interview? Or just wait for the interview to see what happens?

 

It is good to hear that "the administrative processing for the waiver is fairly quick". Many applicants here said they had to wait for months. Thanks.

[warpedbored]

It would be a good idea to prepare a letter explaining why CCP membership was required. It is an automatic blue slip and will require a waiver. Expect a delay after interview of 3-4 months. We've had a few members here who were CCP members but I don't know of any who didn't overcome it. Mama Bear is one of the most notable. Here is a thread of her interview experience.

http://candleforlove...ndpost&p=254600

 

Somewhere on the forum is a more detailed account of how she overcame it but I can't find it.

 

I think I found it.

http://candleforlove.com/forums/index.php?showtopic=24087&st=0&p=293148&fromsearch=1&&do=findComment&comment=293148

[Lee VD]

Having the letter prepared is key to cutting about a month off the delay. Our blue took about 3 months even when we submitted the letter at the interview but it can run as long as 6.

[xiaozhu]

Thank all of you. We will prepare a statement as you suggested. I am wondering any specific key points which should be addressed in the letter or just try to demonstrate CCP is required for employment including career development. Thank you.

[Lee VD]

Thank all of you. We will prepare a statement as you suggested. I am wondering any specific key points which should be addressed in the letter or just try to demonstrate CCP is required for employment including career development. Thank you.

 

I should review the definitive list of exceptions based on the FAM but here is what it should have off the top of my head:

 

- When joined

- Why joined [...encouraged due to better opportunities...]

- Any leadership positions held [... of any substance...]

- Any specific benefits received (jobs, promotions) as a result?

- Had any job that required CCP?

- Still active?

- If so, why not quit? [...usually because it will jeapordize current position]

- and most important, state that she does not subscribe to the ideaology and beliefs of the CCP and is a member only for employment purposes.

 

("Exhuming McCarthy...")

Lee

[dnoblett]

Thank all of you. We will prepare a statement as you suggested. I am wondering any specific key points which should be addressed in the letter or just try to demonstrate CCP is required for employment including career development. Thank you.

 

I should review the definitive list of exceptions based on the FAM but here is what it should have off the top of my head:

 

- When joined

- Why joined [...encouraged due to better opportunities...]

- Any leadership positions held [... of any substance...]

- Any specific benefits received (jobs, promotions) as a result?

- Had any job that required CCP?

- Still active?

- If so, why not quit? [...usually because it will jeopardize current position]

- and most important, state that she does not subscribe to the ideology and beliefs of the CCP and is a member only for employment purposes.

 

("Exhuming McCarthy...")

Lee

Excellent post!

 

This gets pinned..

[dnoblett]

It would be a good idea to prepare a letter explaining why CCP membership was required. It is an automatic blue slip and will require a waiver. Expect a delay after interview of 3-4 months. We've had a few members here who were CCP members but I don't know of any who didn't overcome it. Mama Bear is one of the most notable. Here is a thread of her interview experience.

http://candleforlove...ndpost&p=254600

 

Somewhere on the forum is a more detailed account of how she overcame it but I can't find it.

 

I think I found it.

http://candleforlove...=1

A few I remember:

 

Paula:

http://candleforlove.com/forums/index.php?showtopic=18469 (Blue)

http://candleforlove.com/forums/index.php?showtopic=21492 (Overcome)

 

MamaBear:

http://candleforlove.com/forums/index.php?showtopic=21119&view=findpost&p=253806 (Blue)

http://candleforlove.com/forums/index.php?showtopic=21119&view=findpost&p=254033 (PapaBear's feedback)

http://candleforlove.com/forums/index.php?showtopic=21187 (Detailed description of what happened, to turning in passport to have visa attached) OVERCOME...

[Lee VD]

Since this has become pinworthy, I'll add more to it!

 

Here is the FAM that talks about the CCP inadmissability and the exceptions to it:

 

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

 

Anyone with a CCPer should read this carefully and make sure the letter touches directly on some of the exceptions that apply. She/he should be prepared to discuss the letter if questioned about it.

 

This one would probably apply to most:

"9 FAM 40.34 N6.4-2 Membership for Employment

Aliens who joined communist organizations solely for the purpose of

obtaining, retaining, changing, or advancing in employment commensurate

with their educational background and experience, whose memberships were

nominal, and who do not appear to have subscribed to communist ideology,

may be considered to be within the purview of INA 212(a)(3)(D)(ii)."

 

Note that the letter you are submitting is NOT seeking a waiver from inadmissability. They are simply required to submit for a Security Advisory Opinion (SAO) , or essentially a deeper background check as you will see described in the FAM above, required for visas from certain countries.

 

You can read more about the SAO process here:

 

http://en.wikipedia.org/wiki/Security_Advisory_Opinion

 

This check is essentially the bulk of the 3-6 month waiting period and any inquiries to the status of the visa will just be met with "...in Administrative Processing...". Fortunately most CCP cases in the past 2-3 years have completed checks in 3-4 months. Note that if she/he was a member of the CCP at any time during the past 5 years, they are required to go through this check.

 

The I-601 waiver form is only for if you are denied a visa on the grounds of being in CCP and can thus apply for a waiver (at great expense). This is typically used for an AOS situation in the US where a denial has occurred.

 

Keep in mind that the CCP question will come up again on the I-485, so including an updated copy of the letter again would be prudent. It may be discussed again at the interview in the states.

 

Lee

Edited February 16, 2011 by Lee VD (see edit history)

[xiaozhu]

Thank all of you for the valuable help. I read http://www.state.gov...ation/86972.pdf and question about the following clause,

 

"INA 212(a)(D)(iv): Exception for close family members, the Secretary of Homeland Security (DHS) may, in the Secretary¡¯s discretion, waive the application of clause (i) INA 212(a)(3)(D): (1) In the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States; and (2) Or a spouse, son or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, and to assure family unity or when it is in public interest, if the immigrant is not a threat to the security of the United States."

 

(1) Does it only apply to past membership?

(2) Does Guangzhou Consulate treat K-1, CR-1/IR-1 same regarding CCP membership since one old post indicates they treat K-1 nicer?

 

Anyway thank you again!!

[dnoblett]

Thank all of you for the valuable help. I read http://www.state.gov...ation/86972.pdf and question about the following clause,

 

"INA 212(a)(D)(iv): Exception for close family members, the Secretary of Homeland Security (DHS) may, in the Secretary¡¯s discretion, waive the application of clause (i) INA 212(a)(3)(D): (1) In the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States; and (2) Or a spouse, son or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, and to assure family unity or when it is in public interest, if the immigrant is not a threat to the security of the United States."

 

(1) Does it only apply to past membership?

(2) Does Guangzhou Consulate treat K-1, CR-1/IR-1 same regarding CCP membership since one old post indicates they treat K-1 nicer?

 

Anyway thank you again!!

1) Applys to past and present membership, for example I dont beleive Mama Bear above quit the party, it was a requirement of her job, she was not politically involved as in leadership role.

 

2) Treat the same, Mama Bear, and Paula were CR-1/IR-1, Lee-VD was K-1

 

The consulate and government understand that membership is a requirement for many jobs, it is the same in the USA, many jobs require membership in a labor union. However the law is in place from the cold war period, and is primarily there to deny immigrations to political Communists, not labor Communists, but additional processing is needed to determine which type of communist the beneficiary is.

 

If was a party member however had resigned from the party five years before immigrations, then this is easily waived.

 

Best practice is to not try to hide this from the consulate, getting caught is way more serious than telling them about it.

[xiaozhu]

Dnoblett, thank you for your insights which help us understand the laws better. Hiding/dishonesty is worthless. We always go with honesty. Thanks again for all of you!

Edited February 18, 2011 by xiaozhu (see edit history)

[dnoblett]

Adding link to LeeVD's previous CCP thread for added refrence.

 

http://candleforlove.com/forums/index.php?showtopic=42215

[xiaozhu]

I received a blue slip due to CCP, which was predicted. Now waiting starts. Hope not long. There is only one question which may not be covered in my statement, which is "degree to which you accept(ed) the structure, goals, methods, and practices of the party". Should I answer it generally or need to address it more specifical to each item? Thank you.