Visa Denials Based on Communist Party Membership

Jan 20, 2020 | Investor Visas

By:  Joseph Barnett

Reports from China indicate that the U.S. Consulate General in Guangzhou has recently increased immigrant visa denials based on INA Section 212(a)(3)(D) related to membership in the Chinese Communist Party (CCP), despite the fact that such membership is required and involuntary for most to advance in university, business, or employment.

These immigrant visa denials have been issued after applicants have been placed in administrative processing under INA Section 221(g) after completing an information sheet related to their employment and education history.  It is critical that visa applicants speak with experienced immigration attorneys prior to submitting a response to the Consulate, as this may be the only time to put forward an argument to the consular officer as to why this ground of inadmissibility does not apply.  For example, the U.S. Department of State Foreign Affairs Manual provides relief for members whose membership was “non-meaningful,” as found by the U.S. Supreme Court in Rowoldt v. Pefetto, 355 U.S. 115 (1957) and Gastelum-Quinones v. Kennedy, 374 U.S. 469 (1963).

Wolfsdorf Rosenthal LLP attorneys have had numerous successes preparing legal briefs to rebut claims of inadmissibility under INA Section 212(a)(3)(D).  Our firm has also obtained waivers for immigrant visa applications by filing a Form I-601, Application for Waiver of Ground of Inadmissibility with USCIS after a determination of inadmissibility has been made.

If you or your family have been impacted by this ground of inadmissibility, contact a Wolfsdorf Rosenthal LLP attorney today to discuss your case.

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