Chinese Communist Youth League? Need more info?

[Bparks777]

Good day, and happy Chinese new year!

 

I Haven't been on in a long time! Much has changed, and I am currently preparing I-130 / I-485 for concurrent filing. I have questions regarding the Chinese Communist Youth League in relation to I-485 . My wife joined the Communist Youth League entering middle school as it was mandatory. She paid the fee one time, and hasn't thought about again it until it came up under (I-485).

 

(Part 3. Q6).

"Have you EVER been a member of, or in any way affiliated with, the communist party or any other totalitarian party?)

 

From what I have read it is best to answer (NO). Then list the youth league under.

 

(Part 3. C).

"List your present and past membership in or affiliation with every organization, association, fund, foundation party, club, society, or similar groups in the united states, or in other places since your 16th birthday."

 

Here is where the questions arise. We have heard mixed things.

1. If you haven' t paid the annual fee to the youth league, then she is automatically withdrawn, meaning she would have been withdrawn before her 16th birthday, and we shouldn't list it.

 

2. Even if you don't pay the annual fee your still considered enrolled. We then should list it, and withdrawal. Problem is we cannot find a way to see if she is still involved, and how to withdrawal if so.

 

Checking for advice on how to handle this in the best way.

Edited February 8, 2016 by Bparks777 (see edit history)

[dnoblett]

Note the "in any way affiliated with"...

 

My wife was a member of the People's Liberation Army, we listed that on the I-485, nothing came of this.

 

I would be honest in answering all questions, and when being interviewed explain the nature of this. Seems to be more like the boy/girl scouts, and I suspect any interviewing officer would take it that way.

[Bparks777]

I was reading on a previous post where Randy W mentions.

 

http://candleforlove.com/forums/topic/44776-communist-youth-league-cyl/?p=588953.

 

This means answer "no" for question 6 as being associated with a totalitarian organization may cause issues?

 

Does anyone know where to check if someone is still enrolled / involved with the CYP? Because if she isn't that means she was withdrawn before her 16th birthd day. Meaning its not needed to be listed...

[Randy W]

I was reading on a previous post where Randy W mentions.

 

http://candleforlove.com/forums/topic/44776-communist-youth-league-cyl/?p=588953.

 

This means answer "no" for question 6 as being associated with a totalitarian organization may cause issues?

 

Does anyone know where to check if someone is still enrolled / involved with the CYP? Because if she isn't that means she was withdrawn before her 16th birthd day. Meaning its not needed to be listed...

 

 

Checking on her membership in the Youth League MIGHT be seen (if investigated) as ACTIVITY with that organization.

 

You may need to determine for yourself the best answer to that question. Atty Alan Lee says in his paper,

 

3 The I-485 form, Part C, states that you are to list your membership or affiliation "with every organization, association, fund, foundation, party, club, society or similar groups in the United States or in other places since your 16th birthday." It appears clear from the language that you are required to list membership in the Communist Youth League if your membership extended until the age of 16. Associated with that question is the further one on Part 3, item 6, "Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?" Under this question, whether this item must be checked "yes" is questionable as an argument can be made that membership or affiliation in the Chinese Communist Youth League is not the equivalent of membership in or affiliation with the Communist Party. In my opinion, if the membership or affiliation in the Youth League is already stated in Parts C, you can safely answer "no" to item 6 without fear that an immigration officer will think that you are attempting to commit an act of fraud. I note that even if the membership or affiliation is ultimately considered to be with the Communist Party, the law will excuse an individual who establishes that it was involuntary, or occurred and terminated prior to the age of 16 years, or that the membership or affiliation was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and was necessary for such purposes. In addition, an applicant may be able to show non meaningful membership or that five years have passed since leaving the organization.

 

[Bparks777]

From what we have been hearing, if the annual dues are not paid you are automatically withdrawn from the youth league. This means she would have been out before her 16th birthday. We are taking the stance that neither are applicable for her situation. Going to answer "NO" to question 6, and as it tells you list groups etc from age 16 it wouldn't be appropriate as she would have been out before age 16. I think that is probably the most reasonable course of action.

Edited February 10, 2016 by Bparks777 (see edit history)

[Randy W]

You gotta love it when he answers his own question!

 

I expect you'll be safe there!

[Bparks777]

Haha, sometimes it helps just to externalize your thoughts! Thanks for the help!