Embassy Diary

US Immigration Issues Advice which inhibits the Communist Party Members to immigrate

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US Immigration

The United States Citizenship and Immigration Services (USCIS) issued policy guidance under which members of the Communist party from any foreign state will be ineligible to immigrate to the US.

According to the policy guidance “Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”

The official release on the new policy manual section provides guidance on how to adjudicate inadmissibility due to membership in the Communist Party or any other totalitarian party in the context of adjustment of status applications.

“In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States. This addition to the policy manual will help officers adjudicate this inadmissibility ground consistent with federal law,” the release stated

This ground of inadmissibility will only apply to aliens seeking immigrant status, such as aliens inside the United States applying to
adjust status to that of a lawful permanent resident.

The inadmissibility ground for membership in or affiliation with the Communist or any other totalitarian party is part of a broader set of laws passed by Congress to address threats to the safety and security of the United States.

It further says “this guidance supersedes any related prior guidance on the topic.”

It should be noted that the exclusion of Communist Party members has been part of US law since the Immigration and Nationality Act 1952. However, the new guidance updates the policy implementation of the exclusion.

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