Communist Party Member

[143Xin]

I just returned from Guangzhou where my wife was refused her Visa because she used to be a member of the communist party. She left the party over 6 years ago.

 

INA Section 212(a)(3)(D) prohibits someone with a recent or current membership in the Communist Party from immigrating to the United States, with certain exceptions.

 

The case is now at the State Department where they must decide if her membership was "serious".

 

For Chinese under 30 year old, this should not be a problem, but for Chinese over 40, it could be. For many of those, membership in the party was manditory at some point in their lives.

 

Questions about party membership may be asked during the interview. Why it isn't asked much earlier in the process, I have no idea.

[Guest Gene]

WHHHOOAAA...............Thats ugly......... What kind of a process do you have to go through Now?

[Chinese Wife!!!]

INA Section 212(a)(3)(D) prohibits someone with a recent or current membership in the Communist Party from immigrating to the United States, with certain exceptions.

 

For Chinese under 30 year old, this should not be a problem, but for Chinese over 40, it could be.  For many of those, membership in the party was manditory at some point in their lives.

 

Hey 143Xin,

 

Bummer, sorry to hear that!

 

Care to explain the quote though "...under 30... not be a problem" (without me digging through INA 212). I thought just the opposite to be true. Quite often in the past membership was needed to get a job then. Thanks

[143Xin]

Simple really,

 

She had to write a letter to the Consulate, both in English and Chinsese explaining her history, benifits from and reason for leaving the party.

 

Those are sent to the State Department for review and we are told to go away and wait for further instructions. No timeline has been offered, and direct questions have been answered with "we have no way of determining..."

 

We are now back where we were in Jan. of this year, no date, no idea and no one to give us hope.

[Guest Gene]

Is there someting you can do here from the States? Have you talked to any of your State Representatives? I am relly sorry to hear of your plight.....Good luck.....I know there have been some questions here recently by a few members about this. I am sure they are going to try to find out how to avoid what your going through.

[tywy_99]

WoW!....sorry to hear that. Hopefully it is just a formality that needs to be resolved, and resolved quickly!

 

Hang in there, friend!.... B)

[143Xin]

Chinese Wife,

 

As China has opened up to the outside world, membership has not been as commonly mandatory. So, under 30 may never have been in the Party, but those over 40 probably were, at some time in their lives.

 

I guess I could have said, less likely to be a problem.

 

Yes, Membership is manditory to get a job at a state owned company. Over the past few decades there have been fewer and fewer State owned jobs opened, and a huge increase in private or Joint venture jobs, where party membership is not manditory.

[Guest blsqueaky]

This reminds me a little of a scene from the movie Midway, when Charton Heston went and visited his sons Fiance, her parents belonging to certain sects of the Japanese magazines, things that her father belonged to. When as a child, she really had no choice.

 

My wife is retired from the gov't there, and had not one problem. Go figure and she is now 49

[Martytb]

Definitely write to your congressman. This is a situation where he/she can help. Try your Senator as well, more clout.

 

I think this is another case of the "delay when possible" tactics.

[Chinese Wife!!!]

For Chinese under 30 year old, this should not be a problem, but for Chinese over 40, it could be.  For many of those, membership in the party was manditory at some point in their lives.

143Xin,

 

The context of your statement was/is confusing to me.

My understanding is those people approx. 40 and above this should be a cake walk. "I had to a party member for employment, get an apartment" and sundry other reasons.

 

Now if someone is a party member under 30 I would assume that in MOST cases this would indicate VOLUNTARY membership and therefore be questioned. Maybe it's the context or MAYBE you have 30 and 40 switched?

 

 

Have any questions arose in your case as to active or passive partcipation. My wife several years back worked at a State Co. and seems unsure of what her status, if any, was. Anyway, sorry to hear it. It sucks! Hopefully a fast resolution.

[se_lang]

My MM is 31 and never had to join the communist party for her job at a state owned company were she has worked for the last 10 years.

[beijingjenny]

Decided to edit myself here - don't know what guidelines for politics, so will keep my opinions about this aspect of the immigration law to myself...

[Chinese Wife!!!]

My MM is 31 and never had to join the communist party for her job at a state owned company were she has worked for the last 10 years.

My LP's employment dates back to 1982 or so.

[Dave G.]

I've never posted this before despite the many opportunities to.

 

My wife came within a couple of milliimeters of joining the party. She missed one single meeting and got snitched off. The snitch got praised for being loyal and my wife never got the supervisory position she wanted. Thank God.

 

Now, my father-in-law has a tourist visa. I don't want to post what his job was...but it was very "red." Since he's retired now, we got around the issue easily.

 

I do not recommend lying to the US gov't. It has a way of haunting you. But, if you can read between the lines I write now, there's always a way around the commie issue.

 

Take for example our friend. She's a cop. To be a cop in China, you have to raise your right fist and place it against your temple and take the oath. She's fallen in love with a guy from back East. Both worry about the commie issue. As we've discussed, it's easy. If they decide to marry, she quits her job for a couple of months. He supports her and her baby. Their papers reflect she has no job.

 

No one is the wiser.

[oregonknl]

Leave it to the US Congress to force the State Dept. to keep "Buggy Whip" laws on the books ---- long after autos have reshaped transpertation, continue to subsidize buggy whip manufacturing...

 

Meanwhile, N. Korea is exploding huge bombs, producing mushroom clouds (along with BOTH nuclear bombs AND the delivery systems...) --- and because the US is bogged down in Iraq........ the only troops on the ground that can possibly intervene are all COMMUNISTS in the PEOPLE'S LIBERATION ARMY....

 

Don't want THEM on our side!