Immigrant Membership in Totalitarian
BRIEF DESCRIPTION: The beneficiary
has been a member of or affiliated with the Communist or any other totalitarian
Under INA 212(a)(3). Security and related
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
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
FILING DATE RESTRICTIONS: None.
1. Under INA 212(a)(3)(D)(ii) – If the
membership or affiliation is or was:
2. Under INA 212(a)(3)(D)(iii) – If:
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:
3. Under INA 212(a)(3)(D)(iv) – If the alien
(II) the alien is not a threat to the security of the U.S.
2 years before the date of the application, or
5 years before the date of such application, in the case of an alien whose
affiliation was with the party controlling the government of a foreign
state that is a totalitarian dictatorship as of such date, and
The Exception 3 may apply only:
the parent, spouse, son, daughter, brother, or sister of a U.S. citizen
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.
SPECIFIC WAIVERS: None.
for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest.
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