N400 questions guru help please

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If l was a communist party member in the past (but more than 10 years ago - since quitting party), what do l need to provide with the N400 to prove that l have not been a member for more than 10 years? will a sworn of membership dates be sufficient ?

The N400 and instructions appears quite straightforward and l can do it myself, but with having to answer the communist party question 'yes' do l need to get a lawyer to file my application, solely based upon answerimg this questionm yes ? I am concerned how all this will be handled at the interview.

Input / advice / experiences much appreciated..
 
If you answer Yes you'll need to include an explanation, and possibly with documentary evidence.

You should see an immigration lawyer, not necessarily to file the application and handle it end to end (which would cost $thousands), but for one or two consultations to help you prepare the letter of explanation and figure out what associated evidence is required. And before they get into that, they should help you determine if you'd be risking deportation by applying for citizenship; no use in having them assist with preparing your explanation if you decide it's too risky to apply.
 
You need to provide a written statement with your application detailing when you where a member, what position you held, whether it was voluntary or involuntary, and whether you are claiming any of exemptions covered under 8 CFR 313.3.

http://law.justia.com/cfr/title08/8-1.0.1.3.66.html#8:1.0.1.3.66.0.1.3

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30743/0-0-0-30859.html

You don't necessarily need to hire a lawyer to submit your application since your written statement will be the basis of whether you qualify for one the exemptions covered under the law. Just make sure you understand what the exemptions are, whether they apply to you, and the possible questions you may be asked at interview regarding your past communist affiliation.

Also, make sure you understand the possible immigration consequences of past communist affiliation. Barring that, seek the advice of a lawyer first.
 
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First of all, that question needs to be removed from the form.

Second, why would being a party member be an issue leading to deportation? I've heard this is a "free country". If anything, they might just be curious (though they have no right to be- it's a legitimate party) and might hassle you a little, but a crime?
 
PROHIBITION UPON THE NATURALIZATION OF PERSONS OPPOSED TO GOVERNMENT OR LAW, OR WHO FAVOR TOTALITARIAN FORMS OF GOVERNMENT

INA Sec. 313. [8 U.S.C. 1424]

(a) Notwithstanding the provisions of section 405(b) , no person shall hereafter be naturalized as a citizen of the United States-

(1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or

(2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or

(3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organizations or paid for by the funds of such organization; or

(4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his o r their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or

(5) who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence, or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or

(6) who is a member of or affiliated with any organization, that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5).

(b) The provisions of this section or of any other section of this Act shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this Act do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means.

(c) The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes.

(d) Any person who is within any of the classes described in subsection (a) solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.

(e) A person may be naturalized under this title without regard to the prohibitions in subsections (a)(2) and (c) of this section if the person-

(1) is otherwise eligible for naturalization;

(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection;

(3) does not fall within any other of the classes described in that subsection; and

(4) is determined by the Director of Central Intelligence, in consultation with the Secretary of Defense 2/ when Department of Defense activities are relevant to the determination, and with the concurrence of the Attorney General and the Secretary of Homeland Security, 2/ to have made a contribution to the national security or to the national intelligence mission of the United States.

It is further discussed and explained in 8 CFR Part 313:

TITLE 8--Aliens and Nationality

CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER C--NATIONALITY REGULATIONS

PART 313--MEMBERSHIP IN THE COMMUNIST PARTY OR ANY OTHER TOTALITARIAN ORGANIZATIONS

§313.1 Definitions.

§313.2 Prohibitions.

§313.3 Statutory exemptions.

§313.4 Procedure.

Have fun exploring this prohibition placed in the statue by a Congress obsessed with cold-war politics.....
 
cafeconleche said:
Second, why would being a party member be an issue leading to deportation? I've heard this is a "free country". If anything, they might just be curious (though they have no right to be- it's a legitimate party) and might hassle you a little, but a crime?
Click to expand...
For the same reason why a US trade embargo remains in effect with Cuba: outdated and inconsistent bureaucratic policy.
 
Being originally from Russia, I was a member of Komsomol there, (which was a Youth affiliate of the Communist party), as were probably over 99% of all the teenagers and college students back then. Since Komsomol membership was officially from age 14 to age 28, I answered "yes" to the question in N-400 about having been affiliated with the Communist party, and attached about half a page explanation, signed by myself. (I also remember doing that at the time of filing I-485). I was not asked a single question about this during the interview.

I also have quite a few friends who grew up in the Soviet Union but now live here in the U.S. and none of them reported any difficulties with I-485/N-400 applications because of the Komsomol/Communist Party membership, provided it was properly disclosed and an explanation attached.
None of them used a lawyer (as far as I know), and I did not use a lawyer or consult a lawyer either.

In particular, one of my colleagues in the same university department where I work actually was a member of the Communist Party (and not just of Komsomol). He attached a statement to his N-400 explaining his circumstances; he was also naturalized recently with no significant issues. Another colleague in our department is originally from Bulgaria and she also was a Communist Party member there - she also was recently naturalized. Basically, my impression is that these days the IOs view past membership in the Communist Party in the former eastern block countries as a pro forma issue, provided a reasonable explanation is attached.
However, the statement that you write does need to be phrased in a way that addresses the requirements for an exemption covered under 8 CFR 313.3.
For actual membership in the Communist Party during the Soviet era people usually write something to the effect that such membership was a de facto requirement for employment in various positions. Membership in Komsomol was essentially an absolute requirement for college and university admissions.

However, if your membership in the Communist Party is more recent and post-dates the Soviet era period, this could possibly cause some issues and it may be a good idea to consult a lawyer before filing N-400.
 
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baikal3 said:
Being originally from Russia, I was a member of Komsomol there, (which was a Youth affiliate of the Communist party), as were probably over 99% of all the teenagers and college students back then. Since Komsomol membership was officially from age 14 to age 28, I answered "yes" to the question in N-400 about having been affiliated with the Communist party, and attached about half a page explanation, signed by myself. (I also remember doing that at the time of filing I-485). I was not asked a single question about this during the interview.

I also have quite a few friends who grew up in the Soviet Union but now live here in the U.S. and none of them reported any difficulties with I-485/N-400 applications because of the Komsomol/Communist Party membership, provided it was properly disclosed and an explanation attached.
None of them used a lawyer (as far as I know), and I did not use a lawyer or consult a lawyer either.

In particular, one of my colleagues in the same university department where I work actually was a member of the Communist Party (and not just of Komsomol). He attached a statement to his N-400 explaining his circumstances; he was also naturalized recently with no significant issues. Another colleague in our department is originally from Bulgaria and she also was a Communist Party member there - she also was recently naturalized. Basically, my impression is that these days the IOs view past membership in the Communist Party in the former eastern block countries as a pro forma issue, provided a reasonable explanation is attached.
However, the statement that you write does need to be phrased in a way that addresses the requirements for an exemption covered under 8 CFR 313.3.
For actual membership in the Communist Party during the Soviet era people usually write something to the effect that such membership was a de facto requirement for employment in various positions. Membership in Komsomol was essentially an absolute requirement for college and university admissions.

However, if your membership in the Communist Party is more recent and post-dates the Soviet era period, this could possibly cause some issues and it may be a good idea to consult a lawyer before filing N-400.
Click to expand...

Komsomol is viewed as obligatory, it is not an issue of concern. Similarly, being a member of the party in order to obtain a job, housing, food etc.... is no big deal. The problems come when one "rises in the party ranks" and becomes "privileged" because of it that the 10 year bar kicks in.
 
baikal3 said:
However, the statement that you write does need to be phrased in a way that addresses the requirements for an exemption covered under 8 CFR 313.3.
For actual membership in the Communist Party during the Soviet era people usually write something to the effect that such membership was a de facto requirement for employment in various positions. .
Click to expand...

Communist membership as a requirement for employment falls under one of the exemptions under 8 CFR 313.3.

(4) By operation of law; or
(5) Necessary for purposes of obtaining employment, food rations, or other essentials of living.
 
bobsmyth

Bobsmyth said:
Communist membership as a requirement for employment falls under one of the exemptions under 8 CFR 313.3.

(4) By operation of law; or
(5) Necessary for purposes of obtaining employment, food rations, or other essentials of living.
Click to expand...

Hello Bobsmyth, I just wanted to thank you for your help. I've passed my interview and I am now awaiting for the oath ceremony.......anyways, thought I'd thank you...peace
 
Thanks for assitance and insight - l will take an atty consultation prior to filing. Thank you.
 
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