In adjustment of status from F1, question regarding CCP

[geeklover 0]

Hello everyone,

This is the first post of mine on VJ. Nice meeting you all and thanks for your time reading my post!

I have questions regarding filling out the form I485, as some of you have already experienced. I will

appreciate if any of you can share with me how to answer the question "if I have ever been joined or affiliated

to CCP". I have searched over the forum and found some very useful discussions but mostly from the K1,outside of the country,

including these advice from candle of love. I am really curious if any F1/H1B here had similar problem of mine.

Long story short...I am a F1 student from China. I have been in US for 5 years. Never thought I would fill for

AOS until I fell in love with someone in my school and he happens to be an American. So I changed my original

plan and decide to stay with him here. Recently we got married and started filling out the AOS --

all right-- I hit the question of CCP -- I had been a CCP memeber from 2002 to the early 2007. I stopped paying

any due after I came to US and the membership should have automatically terminated since 2007 July, which is

around 5 years ago.

(1) I joined the CCP mainly because (1) Family. My Dad insists CCP is correct and great(he still thinks so and

he would rather never come to US in order to keep his membership I think). They filed the application to CCP

on behalf of me for the first time when I was only 17(though it was rejected). (2) CCP members have more access to extra curricular and

job promotion. Is it appropriate to include both in my statement?

(2) I want to be honest with USCIS about my CCP experience. However my friends are warning me it would be easier

to just hide the fact...

(3) Does the statement that my membership has been terminated for 5 years help to clear?

(4) Will the interview fixate on CCP and put me in some extra background check? Will it slow down our application of Advance parole?

Thanks very much for your advice. I wish everyone has a smooth application.

Best

:D

Edited August 14, 2012 by geeklover

[Oksana & Max 94]

I am not sure what is the impact on being a member and how it is working, hopefully other members can shade a light on that. But one thing I will tell you for sure NEVER lie to USCIS, they can find this information, better be honest then face other circumstances such as lying to the US government.

[CC90 90]

Affiliations with the CCP make you ineligible to adjust status and also inadmissible to the United States. Your involvement has to be involuntary for it not affect you. The burden of proof is on you to describe the involuntary nature of your involvement. If you ever signed any paper indicating your will to join, this is voluntary.

You would be best to consult with a lawyer that has experience in this field. Taking this up on your own could very well leave you expelled from the US.

[Robert&Karen 264]

The actress Lucille Ball was a registered communist and she did it to appease her grandfather.

[CC90 90]

The actress Lucille Ball was a registered communist and she did it to appease her grandfather.

What's your point?

[Harsh_77 716]

The advice your friends gave you to hide information is absolutely wrong, never lie or hide information with immigration.

You never know when this would come and bite you back.

I am not sure of the impact on your immigration status based on your affiliation with CCP, might want to consider help of good immigration lawyer.

[asdfg 18]

I am from former Soviet Union. Nearly 99% of all immigrants from Soviet Union who immigrated to the US prior to 1989-1990 and who were of adult, professional age at the time of entry were the lifelong members of the Communist Party in USSR. Only exceptionally strong, diamond hard core individuals like my dad were capable of not joining the Communist party yet still able to pursue professional career and provide decent living for their children (am so proud of my dad!).

All those coming from former USSR were admitted, even handed a Green Card almost 6 months after entry to the US. None of them would be barred for membership in Communist party. I am not sure about China, but INA has special provision that states if you are coming from certain country your membership in Communist Party does not disqualify you from admission. You should check with a practicing attorney.

[Harpa Timsah 13,258]

Geeklover, one thing you should learn quickly is that the US prizes telling the truth. Lying has severe consequences here, much worse than would be if the truth had been told initially. I can tell you sense that is the right thing to do, because that was your initial reaction. Unfortunately, some well-meaning but sorely misinformed and dishonest liars have polluted your head

Yes, you need to disclose your involvement and answer the question truthfully. Then, you explain (as per the instructions) what your involvement was in the party. It should not cause a denial of your application (ignore the advice above to the contrary), especially since your father signed you up and you haven't been active in years. If you want peace of mind, you can check with a lawyer, but plenty of Chinese people have GCs, and I guarantee some if not many were former members themselves. Since we don't know your actual involvement in the party, we can't say if it's a problem, but it seems very low-level, so probably not. (also, this question is a remnant from another era).

Lying about it will get you denied for sure. They can check these things, and even if they don't bother to check now, if and when they do check, even if years down the road, your GC or even citizenship can be revoked and you can be deported.

So, the best thing to do is just be honest. It's also the simplest. it will most likely be a non-issue.

[CC90 90]

We all could be wrong; there are rarely enough details in a certain person's post that could possibly generate a complete response. But I agree with the above that there certainly is a chance for denial--and that some tend to not read too throughly.

The OP said that the initial application was rejected because her father tried to sign her up: this would mean that she was NOT in the CCP at this time.

Then she stated that she joined and was active for a prolonged period of time rather recently, which suggests that this was completely voluntary, separate from her father's application. This is definitely grounds to deny; careful thought and a heavy review of all relevant details is in order to determine if the level of activity and exact circumstances of CCP membership would be cause for concern.

Seeing this cause serious problems more than a few times, it is not something to play around with if the individual joined themselves, by their own will, and was continually active--regardless of level.

Edited August 14, 2012 by CC90

[Darnell 8,478]

practice writing up a letter of attestation about your ccp memebership.

When you get to 'final draft' version, post it here - we can help a bit.

[Harpa Timsah 13,258]

Harpah, what's your problem?

I wasn't referring to you, and I also don't see how I was negative. I was on your side actually. Thanks for the freak out. I have never been to the deep south. Want to project some more?

I said, that it should not be a problem, this has happened before, and she should not follow the advice of her friends and lie about it.

Edited August 14, 2012 by Harpa Timsah

[geeklover 0]

Hi, thanks for the suggestion. I will for sure

practice writing up a letter of attestation about your ccp memebership.

When you get to 'final draft' version, post it here - we can help a bit.

[asdfg 18]

I wasn't referring to you, and I also don't see how I was negative. I was on your side actually. Thanks for the freak out. I have never been to the deep south. Want to project some more?

I said, that it should not be a problem, this has happened before, and she should not follow the advice of her friends and lie about it.

It looked like you were responding to my post (you left few negative comments on my posts in past, so it may have created a pattern that influenced my perception).

If not, then I genuinely apologize (can't delete as there is no such option minutes after posting).

RE OP:

Lying about it would be shooting herself in the foot, no dispute there.

My opinion is that she should ask someone who is familiar with INA that deals with this issue and is familiar with applicability of the law to nationals of China.

OP being from China it MAY or MAY NOT affect their admissibility (depends on a range of factors). Lying will make OP definitely inadmissible, but being a former member of CP in China may not.

Edited August 14, 2012 by asdfg

[Darnell 8,478]

Hi, thanks for the suggestion. I will for sure

excellent. Is quite possible to 'overcome' CCP membership with the proper verbiage in a letter of attestation. You've already got most of the details, most of the facts, listed in post #1 here.

Good Luck !

[geeklover 0]

Hi,

I have read carefully all the post and I really appreciate your input

I understand your point of the sensitiveness of CCP membership. I spent the whole afternoon study the CCP .

Please feel free to correct me if I misunderstood anything.

Here is some updates after I consult an immigration lawyer.

I did find:

INA 212(a)(3)(D)(i)。

“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.”

This is exactly stated in your post and thanks for it. I was a bit disappointed

but not yet giving up.

(1) I joined CCP at age 19 when I was an adult and I take full responsibility for that.

There is no excuse like I was too young to understand what I was doing. I joined it

simply because of the peer pressure(if all of your friends are CCP and they are proud

of it, you just want to be a part of honor society), family pressure (my parents have

submitted the application twice) and more opportunity for job and extra-curricular.

There had never been anything related to politics. But yes, it is voluntary. You are

right. And According to INA 212(a)(3)(D)(i), I do not stand any chance, though I am

not a member any more.

(2) I am going to be honest about everything. I will be honest about what I am and how I

grow up. I can not change it. I do not have any feeling about CCP--neither dislike nor like.

I am just a very neutral person who does not care about politics.

There are waivers to CCP according to my inquiry with the lawyer: involuntarily join or quit

the membership for at least 5 years(for China, I believe for some previous soviet countries

it is like 2 years?).

I think there is also some waivers for current CCP membership.

Have a good night.

We all could be wrong; there are rarely enough details in a certain person's post that could possibly generate a complete response. But I agree with the above that there certainly is a chance for denial--and that some tend to not read too throughly.

The OP said that the initial application was rejected because her father tried to sign her up: this would mean that she was NOT in the CCP at this time.

Then she stated that she joined and was active for a prolonged period of time rather recently, which suggests that this was completely voluntary, separate from her father's application. This is definitely grounds to deny; careful thought and a heavy review of all relevant details is in order to determine if the level of activity and exact circumstances of CCP membership would be cause for concern.

Seeing this cause serious problems more than a few times, it is not something to play around with if the individual joined themselves, by their own will, and was continually active--regardless of level.

Edited August 14, 2012 by geeklover