How to approach DS-230 question about communist affiliations

[unsmiley 111]

Regarding the question about any affiliation with the communist party: Should a potential immigrant from China simply answer yes to this question on the DS-230 (since almost everyone with a decent job/education is in fact a member, even if they are not actively involved with or are officers of the party? If so, should we include a letter of explanation with the DS-230 filing and/or should a verbal explanation be given at the interview?

[sorry about the duplication but I posted a similar question on the wrong forum in an old thread and couldn't figure out how to move it here.]

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to China regional forum; topic is country specific.

**Organizer hat off**

If the applicant is a CCP member, for whatever reason, then they must answer accordingly on the DS-230. Once the interview is complete, the case will be placed into AP to await a Security Advisory Opinion.

To answer your question, a written explanation as to why the person is a member should be brought to the interview. You can also provide that written explanation when the DS-230 form is filed; however, doing so will not avoid AP.

[Pitaya 2,576]

Agree with Ryan H.

Consider checking out this other Chinese immigration site. Good discussion about CCP affiliation issues:

http://candleforlove.com/forums/forum/36-consulate-process-p-3-interview/

Good luck.

[Operator 1,925]

Regarding the question about any affiliation with the communist party: Should a potential immigrant from China simply answer yes to this question on the DS-230 (since almost everyone with a decent job/education is in fact a member, even if they are not actively involved with or are officers of the party? If so, should we include a letter of explanation with the DS-230 filing and/or should a verbal explanation be given at the interview?

[sorry about the duplication but I posted a similar question on the wrong forum in an old thread and couldn't figure out how to move it here.]

Ryan is exactly right.

I would like to add that CCP membership might not be as common as you think and is becoming more exclusive. Less than 6% of the population are members and while you are correct that they recruit mostly folks with higher education it's mostly people seeking state affiliated jobs. The Department of State looks closely at party members/former party members seeking immigrant visas and your wife will have to address it.

[SBB 74]

Even if they aren't full blown members of the Communist Party, everyone in China is required to join Pioneers and in later grades the Communist Youth League which may fall under the "affiliated with" part of the language in the question.

[Operator 1,925]

The Young Pioneers of China an involuntary organization run by the youth league that children are exposed to at school between the ages of 6 and 14. At 14 you are automatically out and if you care to continue your affiliation with the CCP you join the CYL which is for ages 14 to 28. So affiliation with the pioneers is both involuntary and occurs under the age of 16.

Below are some exceptions to being affiliated with or a member of a communist organization or government.

• If the membership is or was involuntary, solely under the age of 16, by operation of law or for the purpose of obtaining employment, food rations or other essential of living. OR
• The membership or affiliation terminated at least 2 years before application for admission and the applicant is not a threat to US security. OR
• The Attorney General grants a waiver to a USC spouse for “humanitarian purposes” to assure family unity or when it is otherwise in the public interest if the applicant is not a threat to the security of the US.

If the applicant joined the CCP and paid dues then they would have to answer yes to question 40. ©

One thing I am certain of is that not every applicant from China answers yes.

[unsmiley 111]

The Young Pioneers of China an involuntary organization run by the youth league that children are exposed to at school between the ages of 6 and 14. At 14 you are automatically out and if you care to continue your affiliation with the CCP you join the CYL which is for ages 14 to 28. So affiliation with the pioneers is both involuntary and occurs under the age of 16.

Below are some exceptions to being affiliated with or a member of a communist organization or government.

• If the membership is or was involuntary, solely under the age of 16, by operation of law or for the purpose of obtaining employment, food rations or other essential of living. OR
• The membership or affiliation terminated at least 2 years before application for admission and the applicant is not a threat to US security. OR
• The Attorney General grants a waiver to a USC spouse for “humanitarian purposes” to assure family unity or when it is otherwise in the public interest if the applicant is not a threat to the security of the US.

If the applicant joined the CCP and paid dues then they would have to answer yes to question 40. ©

One thing I am certain of is that not every applicant from China answers yes.

Question #40c asks about an applicant "...who is a member of or affiliatied with the Communist or other totalitarian party...." The word is is in the present tense, as in currently being a member. The question does not specify a time period after which a member quits the party that he is no longer can consider himself a member. Where did you get that 2 years prior to application for admission criteria?

I also assume you meant in the last sentence that not all applicants that are members of the CCP answer yes, and I am sure that is true.

[Operator 1,925]

Question #40c asks about an applicant "...who is a member of or affiliatied with the Communist or other totalitarian party...." The word is is in the present tense, as in currently being a member. The question does not specify a time period after which a member quits the party that he is no longer can consider himself a member. Where did you get that 2 years prior to application for admission criteria?

I also assume you meant in the last sentence that not all applicants that are members of the CCP answer yes, and I am sure that is true.

You can read the notes on FAM 9 here.

...and I meant what I wrote, no need to assume anything.

[unsmiley 111]

OK, Operator, I can see where you got the 2 year time period. Thanks for the informative reference. But... I still think that if someone quit the party more recently than 2 years ago, that person can truthfully answer no to question 40. Then, if the subject comes up in the interview, then further (truthful) clarification can be made. What do you guys think??

[Operator 1,925]

Unsmiley I hope you don't think I'm dogging you on this because it's not my intention at all. I just want to make sure you get good information so that your wife can make the right choice when filling out her visa application.

Here is what 212 (a) of the INA says about communist party affiliation/membership.

(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-

(aa) 2 years before the date of such application, or

(bb) 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.

You can find it here on the DOS website.

The wording on the DS-230 clearly says IS so it's not really in line with the INA so I feel it's a bit of mine field.

There are lots of posts on here about CCP membership and how the GUZ IV unit handles it. My personal opinion is that if an immigrant visa applicant joined and was a dues paying member of the CCP they will need to be prepared to explain their membership.

If the applicant choses to answer no on the DS-230 based on the wording "is" it shouldn't be a problem. The question will be asked in the interview and at that point they should be prepared with the correct documentation to explain membership and how they quit.

Whatever happens I wish you both good luck.