communist party member?

I

I485applicant05

Registered Users (C)
Dear gurus,

I am new to the forum but have a somewhat difficult situation and hope that you can provide some thoughts. On my I-485 application, I answered "No" on the question of "have you ever been a member of, or in any other way affiliated with, the communist party..." But in fact, I was once a member of the communist party. I was scared to answer "yes" because I felt that it would put my application in danger. My case was then transferred to the local office and an interview was scheduled. As the interview date comes closer, I grew more and more uneasy about my answer. I talked to my attorney and she felt that I need to make the change on the answer during the interview. However, I am concerned that it would be regarded as lying on my original 485 application and that could be used as a ground for denying my application. Does anyone has similar experience that can share with me? What are your thoughts on the possible outcome from change of the answer? What would be your advise on how to handle this situation?

I was a member of the communist party for only about 2 years, and have since volunteerily cut off any connection with the party for almost ten years now. Plus, this happened back in college where students with good grades were "persuaded" to join the party. Common sense would suggest that this shouldn't be a reason for denial of 485 application, but the fact that I technically "lied" is making it a lot more complicated.....

Thanks again in advance for your input.
 
Well

I don't know, looks like concealing material fact to me. And if you say on the interview "i did it because i was afraid denial", this will look like concealing material fact even more.
 
how big is this communist party? Is your name listed in the party ? what was your role? is this information available for police to search? yours should be stuck in FBI name check if they already found it. But I dont see its the case..
How is the relationship between your country and USA?

I think you are worried too much :D
 
Thanks for the comment, jambalakadi1 and slt. Would you recommend that I then keep the "No" answer during the interview? I don't believe that my name would be on the list of party members... but I'd really want to correct the answer and explain the facts.... is concealing material fact a sure ground for denial?
 
It is really your call. If you are asked specific question on the interview, it means that they already know everything.

Anyways, you might have been enlisted in communist party against your will, right? or in some other way involuntary?

I don't really know what else to tell.
 
Where communist party membership ended at least two years before the date of the application (or five years before the date of the application where the membership was in the party controlling the government which is a totalitarian dictatorship as of the date of the application) and where the alien is not a threat to U.S. security, this ground does not bar admission. You stated that the person had not been a member of the Communist party within the five years prior to applying for immigration. If that is the case, disclosure of this fact would not have prevented the person from obtaining permanent residence, even if membership was in the party controlling the totalitarian dictatorship at the time of the application.
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From Link

I would be up front about it. It will do you more harm to lie.

The fact you were a young student and membership was not your idea, I would feel it would be overlooked.

NN
 
Thanks a lot mdh3000, I greatly appreciate the info. I guess the key would be whether 1) it was a concealing of material fact; and 2) it was not a morally good character for me to conceal on the application. Another question is: should I make the correction even though I might not get asked the specific question? Should I tell the officer before the interview begins, or should I wait until I was asked the question?

Thanks again for the help.
 
I think you will be OK to answer NO on that question, since you've been disconnected from the party for more than 10 years.
 
cala said:
I think you will be OK to answer NO on that question, since you've been disconnected from the party for more than 10 years.
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Where did you get the concept of "10 years"?
 
pralay said:
Where did you get the concept of "10 years"?
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Here:

I was a member of the communist party for only about 2 years, and have since volunteerily cut off any connection with the party for almost ten years now. Plus, this happened back in college where students with good grades were "persuaded" to join the party. Common sense would suggest that this shouldn't be a reason for denial of 485 application, but the fact that I technically "lied" is making it a lot more complicated.....
 
cala said:
Here:

I was a member of the communist party for only about 2 years, and have since volunteerily cut off any connection with the party for almost ten years now. Plus, this happened back in college where students with good grades were "persuaded" to join the party. Common sense would suggest that this shouldn't be a reason for denial of 485 application, but the fact that I technically "lied" is making it a lot more complicated.....
Click to expand...

The question in I-485 form is very clear:
Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

There is no discount for "long past" or "10 years back". Only thing matters is magnitude of involvement regarding this issue. I believe if '485applicant05' was honest about it and said "yes" in I-485 form, it would not cause any damage. Saying "yes" in Part 3 does not result automatic denial.
 
jambalakadi1 said:
Cala,

I think pralay is asking where the rule is stated.
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The same link other poster mentions above. I was trying to say he has been disconnected from the communist party for more than 10 years, it could be considered clean.
 
jambalakadi1 said:
Cala,

I think pralay is asking where the rule is stated.
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That's right. I wanted to know if there is any rule that discounts this kind of issues occured more than 10 years back.
 
pralay said:
The question in I-485 form is very clear:
Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?

There is no discount for "long past" or "10 years back". Only thing matters is magnitude of involvement regarding this issue. I believe if '485applicant05' was honest about it and said "yes" in I-485 form, it would not cause any damage. Saying "yes" in Part 3 does not result automatic denial.
Click to expand...

Pralay, I think you were right that from I485 does not discount for "long past", so I should have said "yes" in the application. The question now is what problem would I have if I make the change during interview? I think that mdh3000's Link (see his/her post) provided great insight into the situation. It appears that good argument could be made that it was not a material misrepresentation to say "no" then and say "yes" in the interview. I'd appreciate other people's interpretation on the article.
 
I485applicant05 said:
Pralay, I think you were right that from I485 does not discount for "long past", so I should have said "yes" in the application. The question now is what problem would I have if I make the change during interview? I think that mdh3000's Link (see his/her post) provided great insight into the situation. It appears that good argument could be made that it was not a material misrepresentation to say "no" then and say "yes" in the interview. I'd appreciate other people's interpretation on the article.
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You don't need to volunteer any information in interview. The adjucating officer knows very well how to clarify outstanding issues in your application and he/she will be asking questions, if required. In interview, wait for his/her questions and answer them honestly and truthfully.
 
pralay said:
You don't need to volunteer any information in interview. The adjucating officer knows very well how to clarify outstanding issues in your application and he/she will be asking questions, if required. In interview, wait for his/her questions and answer them honestly and truthfully.
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Pralay, do you mean that if the officer asks this question, then he/she already has the suspision? I thought sometimes the officer might just go over the questions as a formality.... Also, if I don't volunteer to make the change, then the answer would stay as "no", and could potentially harm me in the future if I decide to apply for citenzinship..... I am feeling that, according to mdh3000's link, the attorney apparently felt that the misrepresentation would not be considered as "material", and thus would not be a ground for denial of I485 application (the artical was about applying for citenzinship, but I believe it would also apply for I485 application)...

Thanks again for all the inputs, I really appreciate all the help from the gurus.
 
I485applicant05 said:
do you mean that if the officer asks this question, then he/she already has the suspision? I thought sometimes the officer might just go over the questions as a formality....
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I think if they ask specific questions, they want to know about it
specifically. It's not just formality. Unless they have some doubt, they do not even call for interview(I think no interview is default). I know a lot of people from communist or former communist country were called for interview and asked this question.
 
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I485applicant05 said:
Pralay, do you mean that if the officer asks this question, then he/she already has the suspision? I thought sometimes the officer might just go over the questions as a formality.... Also, if I don't volunteer to make the change, then the answer would stay as "no", and could potentially harm me in the future if I decide to apply for citenzinship..... I am feeling that, according to mdh3000's link, the attorney apparently felt that the misrepresentation would not be considered as "material", and thus would not be a ground for denial of I485 application (the artical was about applying for citenzinship, but I believe it would also apply for I485 application)...
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As I mentioned in my earlier post - answer thuthfully and honestly. Forget what you mentioned I-485 form. You need to take out of the guilty feeling of saying "no" in I-485 form from your mind and you don't need to correct it proactively in interview by saying "you know what, I did a mistake in I-485 form......". Interviewers questions are going to be specific. Answer only those questions.

Regarding citizenship, you will get another chance to say "yes" in N-400 form. You can deal with that issue that time.
 
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