I-495 and N-400 - Communist Party Question

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I am not sure what to advise here. Friend of mine - he is from one of the former Soviet Block countries - and was member of the Communist Party for 2 or 3 years before things collapsed in 1990 - he says all member of his unit were "strongly encouraged" to join when he was going through the mandatory military service. And I can imagine what this "strongly encouraged" could have meant, especially in their military.

He came to the US on employment based visa and got his green card.
Problem is that on his I-495 application in 1996 he did a very stupid thing - he answered "no" to the question about "assosiation with the Communist Party".

He says he was afraid that here in the US he will be punished for this or something but reality is that he should have stated the facts and
would have been OK - he says that they had similar forms in his country and any kind of positive answer on question like "Do you have relatives in capitalist countries" would automatically meant that his case is denied.
I guess it was difficult for him to understand the difference between dictatorship and democracy as these guys grew up in those conditions.

Now he wants to become a citizen and they have the same question on naturalization form that he wants to answer exactly like it was but problem is that no feels like he has no options because fact is that he lied on I-495 and I told him exactly that. He is afraid that not only he will be denied citizenship but also deported because of incorrect I-495 answer even though he as not any high party member.

He is good guy and I feel sorry form him but I do not see anyway to help him...
 
I am not sure what to advise here. Friend of mine - he is from one of the former Soviet Block countries - and was member of the Communist Party for 2 or 3 years before things collapsed in 1990 - he says all member of his unit were "strongly encouraged" to join when he was going through the mandatory military service. And I can imagine what this "strongly encouraged" could have meant, especially in their military.

He came to the US on employment based visa and got his green card.
Problem is that on his I-495 application in 1996 he did a very stupid thing - he answered "no" to the question about "assosiation with the Communist Party".

He says he was afraid that here in the US he will be punished for this or something but reality is that he should have stated the facts and
would have been OK - he says that they had similar forms in his country and any kind of positive answer on question like "Do you have relatives in capitalist countries" would automatically meant that his case is denied.
I guess it was difficult for him to understand the difference between dictatorship and democracy as these guys grew up in those conditions.

Now he wants to become a citizen and they have the same question on naturalization form that he wants to answer exactly like it was but problem is that no feels like he has no options because fact is that he lied on I-495 and I told him exactly that. He is afraid that not only he will be denied citizenship but also deported because of incorrect I-495 answer even though he as not any high party member.

He is good guy and I feel sorry form him but I do not see anyway to help him...


I face the same problem. I was never a member of a communist party but was a young pioneer. I answered no on the I-485 because I honestly believed that I did not need to list my association with young pioneers. I do plan to answer yes on the N-400 application and just take my chances and if I am asked, I will just note that it was an honest mistake.
 
8 CFR 313.3 and 8 CFR 313.4 establishes the criteria used to determine if affiliation with the communist party is a bar to naturalization.

Namely, in order to show it is not a bar to naturalization, membership must have occurred more than 10 years ago. You must attach a written statement to this fact per 8 CFR 313.4:

In all cases in which the applicant claims membership or affiliation in any of the organizations covered by Sec. 313.2, the applicant shall attach to the application a detailed written statement describing such membership or affiliation, including the periods of membership or affiliation, whether the applicant held any office in the organization, and whether membership or affiliation was voluntary or involuntary. If the applicant alleges that membership or affiliation was involuntary, or that one of the ot her exemptions in Sec. 313.3 applies, the applicant's statement shall set forth the basis of that allegation
 
He should consult with a lawyer before applying, getting the lawyer to provide specific examples of similar cases that were approved or denied after USCIS noticed the inconsistency between the answers on the I-485 vs. N-400 and went to court.

And we know you're asking about yourself, not your friend.
 
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