Sharing my experience: citizenship denied due to CCP

[jmsquare]

I decide to wait for 2 years instead of appealing because 2 years is not hard to overcome, also because it is harder to appeal from the "mandatory for employment" angle as I never got the job although I tried hard.
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Hello,

I have learned a lot from this forum since I had to apply for 485. I would like to share some experience of a denied N-400.

I have been a LPR in the US for the past 3 years through my USC spouse. When I applied for green card in 2012, I honestly answered "yes" to the communist membership question in my I-485 and explained (1) I have stopped paying the due since the end of 2006 (2)was a bonus for education (3) was mandatory for a job position I was looking for. Because it had been terminated for 5 years at that point, my I-485 was approved and thus I got my green card.

However, this year I filed N-400 based on my marriage but it got denied. The decision notes that "you are ineligible for naturalization at this time because you were a member of the CP within the last 10 years". I understand it has only been 8 years since I quitted the party so I do not fit the 10-year waiver. I was prepared to explain that the membership was a must for the job I was looking to but I never got a chance to explain because I got bombed by all tricky questions.

Example questions:
"do you have any proof or documents that you were out when you said you did?".

I carefully explain it is impossible to get such a proof because
(1) I am out for many years so my record is likely nowhere to be found. It is easier to prove when something exists, but it is much harder to prove when it no longer exists if something is gone.
(2) as a ruling party, CCP can feel offended about members' leaving so it is unlikely to help verify.
(3) I do not feel like contacting CCP anyway ever since the departure.

Despite my effort, the interviewer only marked "no proof" in the facts.

Other tricky questions include:

1) Why did you only passively quit by stop paying dues? Answered because my family work in the government and I do not want to get them in trouble.
2) Why 6 months? Answered it is on the constitution of the CCP.

In the denial letter, the stated facts only say "passively quit by stop paying dues for 6 months" "did not have document to prove when he was out/stopped paying the due". None of my explanation were noted.

I have already consulted an attorney and was suggested to wait for 2 more years because it is not something hard to overcome, which I agree. But I am really frightened by this interview experience. I think I will need an attorney the next time.

Any comments?

[dnoblett]

Not the first time for a post about denied citizenship due to CCP.

 

http://candleforlove.com/forums/topic/46102-citizenship-denied-advice-please/

 

Lawyer is giving good advise, I would wait the additional 2 years and try again after being out 10 years.

[jmsquare]

Not the first time for a post about denied citizenship due to CCP.

 

http://candleforlove.com/forums/topic/46102-citizenship-denied-advice-please/

 

Lawyer is giving good advise, I would wait the additional 2 years and try again after being out 10 years.

Err. It seems they stick to 10-year now.

 

What annoys me is that the interviewer keeps on asking for the document to "prove the quit". even if after 2 years I still might not be able to give any document about quiting.

[Randy W]

 

Not the first time for a post about denied citizenship due to CCP.

 

http://candleforlove.com/forums/topic/46102-citizenship-denied-advice-please/

 

Lawyer is giving good advise, I would wait the additional 2 years and try again after being out 10 years.

Err. It seems they stick to 10-year now.

 

What annoys me is that the interviewer keeps on asking for the document to "prove the quit". even if after 2 years I still might not be able to give any document about quiting.

 

 

 

Yes, this interviewing officer had a definite slant against the CP. It is usually not an issue, or a minor issue at best. Sad to say, you hit one of the bad ones

[jmsquare]

 

 

Not the first time for a post about denied citizenship due to CCP.

 

http://candleforlove.com/forums/topic/46102-citizenship-denied-advice-please/

 

Lawyer is giving good advise, I would wait the additional 2 years and try again after being out 10 years.

Err. It seems they stick to 10-year now.

 

What annoys me is that the interviewer keeps on asking for the document to "prove the quit". even if after 2 years I still might not be able to give any document about quiting.

 

 

 

Yes, this interviewing officer had a definite slant against the CP. It is usually not an issue, or a minor issue at best. Sad to say, you hit one of the bad ones

 

I suppose it is just bad luck....

 

BTW, how can I edit my original post? I would like make some changes and adds. I can edit this post perfectly fine but not my other reply and the original post...

Edited May 10, 2016 by jmsquare (see edit history)

[Randy W]

Click on "quote" under the original post, and then make the corrections inside the quote box. The changes will show in your NEW post only - not the original - but I can edit them into the original post if it makes sense to do so.

 

Or simply highlight the changes as you're making the new post.

[jmsquare]

Hi Randy,

 

I will appreciate if you edit it into the original post. I deleted a comment which I feel I took too personally.

Click on "quote" under the original post, and then make the corrections inside the quote box. The changes will show in your NEW post only - not the original - but I can edit them into the original post if it makes sense to do so.

 

Or simply highlight the changes as you're making the new post.

[dnoblett]

 

Hi Randy,

 

I will appreciate if you edit it into the original post. I deleted a comment which I feel I took too personally.

Click on "quote" under the original post, and then make the corrections inside the quote box. The changes will show in your NEW post only - not the original - but I can edit them into the original post if it makes sense to do so.

 

Or simply highlight the changes as you're making the new post.

 

Done...

[jmsquare]

 

 

Hi Randy,

 

I will appreciate if you edit it into the original post. I deleted a comment which I feel I took too personally.

Click on "quote" under the original post, and then make the corrections inside the quote box. The changes will show in your NEW post only - not the original - but I can edit them into the original post if it makes sense to do so.

 

Or simply highlight the changes as you're making the new post.

 

Done...

 

Thanks Don!

 

I think most interviewers are fair, some are generous, some are even-handed..only very few are bad.

 

I hope other friends on this forum who were CCP member within last 10 years have better luck!