Misrepresentation of CCP member status on I-485

J

John Li

New Member
A friend's father obtained a green card under her daughter's sponsorship years ago. At that time, China was a fairly open society. No one cared about CCP member status in the USA. He MIGHT check "never be communist party member" on his green card form. Now, everyone hates CCP. What are the consequences if the US federal agency finds out that he was part of CCP at the time of application? Is that perjury or fraud? He is a US citizen now. What's next for him?
 
He would probably be denaturalized and deported for misrepresentation, which carries a lifetime ban. And yes, he could be prosecuted for various crimes too, like fraud.
 
Communist party members and affiliated people are inadmissible as per the INA 212 a 3 d. This has always been the law but wasn’t heavily enforced. USCIS just released policy guidelines a couple of days ago to enforce this aspect. So yes, the above misrepresentation is absolutely “material” as the person would be inadmissible based on true facts. Whether he will be denaturalized or no is anyone’s guess but now more than ever they are enforcing this. By the way, this is not just CCP but any communist or totalitarian party around the world (although CCP is currently in focus).
 
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