INADMISSIBILITY

Immigrant Membership in Totalitarian Party

CLASSIFICATION:

• Under INA 212(a)(3). Security and related grounds.
• Under INA 212(a)(3)(D). Immigrant membership in totalitarian party.
• Under INA 212(a)(3)(D)(i). In general.

DETAILS: Alien is inadmissible (under this ground):

• regardless whether the party is or was domestic or foreign, and
• even if the organization is or was only a subdivision or affiliate of the party.

FILING DATE RESTRICTIONS: None.

EXCEPTIONS:

1. Under INA 212(a)(3)(D)(ii) – If the membership or affiliation is or was:

• involuntary,
• solely when alien was under 16 years of age,
• by operation of law, or
• for purposes of obtaining employment, food rations, or other essentials of living and whether
• necessary for such purposes.

(I) the membership or affiliation terminated at least:

• 2 years before the date of the application, or
• 5 years before the date of such application, in the case of an alien whose membership or
• affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the U.S.

• the parent, spouse, son, daughter, brother, or sister of a U.S. citizen or
• a spouse, son, or daughter of a permanent resident.

• at INS discretion,
• if the immigrant is not a threat to the security of the U.S.

AND

• for humanitarian purposes, to assure family unity, or
• when it is otherwise in the public interest.