In general, members of the communist party are not admissible to the United States. This is of particular concern to immigrants from Cuba and from China. There are exceptions and this reason for inadmissibility can be waived.
The main two exceptions are when membership in the Communist Party was involuntary and when a person seeking entry in the US terminated his or her membership in the Communist Party at least five years prior to seeking entry and the person is not considered a national security threat. Demonstrating involuntary membership in the Communist Party can be shown in several ways including:
- Proving that the person was under the age of 16 when a member
- Proving that membership was imposed by a law or statute
- Proving that membership was necessary for work, food, housing, etc.
- Proving that membership was coerced, forced by duress or other circumstances
When asserting a waiver, the immigration services will evaluate a number of factors in determining whether an exception applies. Facts that are considered include:
- Organization joined -- is the organization a full part of the Communist Party or an affiliated organization
- Nature of the organization joined
- Details concerning when the person joined, why they joined and how long they were a member
- Duties and responsibilities of the person within the organization -- the higher the rank and the greater the responsibilities, the less likely that an exception will apply
- Details with respect to termination of membership -- for example, when and under what circumstances was membership terminated?
If a person is unable to demonstrate that an exception applies, then the person seeking entry may seek a waiver. In some scenarios, an affirmative waiver is not required to be filed.
As noted, whether to grant or deny a Form I-601 waiver is within the discretion of the immigration services. In evaluating whether to grant the waiver, extreme hardship that would be felt by the family member must be demonstrated. Additionally, the other two elements must be shown: proper purpose and the absence of a national security threat.
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For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.