Client Payment Portal

Increased Scrutiny of CCP Membership and Its Impact on Green Card Applicants

Feb 7, 2025 | Investor Visas

By: Joseph Barnett

Donald Trump ran his presidential campaign on a platform of changing our immigration system and has been clear in his goal to use all immigration tools and options to limit immigration – both legal and illegal – into the U.S.  He has also been adamant about barring “communists” and “Marxists” from entering the country.  The inadmissibility ground for membership in or affiliation with the Communist or any other totalitarian party, INA 212(a)(3)(D), is part of a broader set of laws passed by Congress to address threats to the safety and security of the United States.  We are therefore likely to see an increased scrutiny related to membership in the Chinese Communist Party in adjustment of status adjudications by USCIS, immigrant visa interviews at U.S. consulates abroad, and during naturalizations in 2025.

WR has written on this topic extensive and has helped numerous former Chinese Communist Party members obtain green card status.

WR Immigration is a full-service immigration law firm known worldwide for its unmatched excellence in providing top-quality U.S. immigration representation. To schedule a consultation to discuss your case, please contact us here.

Related Posts:

Time to Feast: EB-5 Visa Outlook in FY 2024

A denial of removal of conditions on an EB-5 case usually occurs because the jobs were not created, but a denial can also occur because of the source or path of funds, or fraud or misrepresentation.  I-829 denials are a daunting setback for EB-5 investors because the applicant and their family have usually been settled in the US for many years.

Read More

3 Things We Like, and 3 Things We Don’t Like, About USCIS’ New EB-5 Guidance

By:  Bernard Wolfsdorf and Joseph Barnett Yesterday USCIS released new guidance on the EB-5 Visa which updates the adjudication policy on issues related to Form I-526 and Form I-829 petitions.  In particular, the new guidance attempted to clarify the “at risk” requirements for Form I-526 approval and the “sustainment” requirement for Form I-829 approval.  We blogged on the specifics yesterday, and now we’ve had time to digest the changes. Here are 3 things we like, and 3 things we don’t like, about USCIS’ new guidance: Things We Like USCIS Policy Now Consistent with EB-5 Regulations. Applicable regulations indicate that a Form I-829 must be accompanied by evidence that the EB-5 investor “in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.”  USCIS has now clarified its policy to be consistent with the regulations:  “The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.” USCIS Shows Understanding of Reality of […]

Read More