Can an ex-communist party member apply for EB-5 and get an immigrant visa? How can one prove he/she is no longer a member of the CCP party? What can he do at the consulate interview?
Previous membership to a communist party does not automatically disqualify you from the EB-5 program. The applicant must demonstrate his membership to the communist party was involuntary, out of necessity, and the applicant is no longer an active member of the communist party. Please consult an experienced EB-5 attorney to assist you.
The answer is yes, an ex-communist party member can get resident status. The issues as to evidence are a matter of legal practice, and are based upon your individual circumstances. I will be happy to consult with you.
You may be able to apply for EB-5 visa. However, before embarking on any investment you need a thorough analysis about your communist party history, participation and whether an exception needs to be sought and obtained for you. Also, expect a lot of information to involve getting evaluations and advisory opinions from the U.S. consular outpost in your country. You need an immigration attorney to review your past communist political activities to determine if you can successfully apply for EB-5 visa plan and our office can help.
Thank you for your inquiry. CCP membership will not be relevant until the actual immigrant application (after the I-526 petition is approved). Ex-membership is usually not an issue. Your attorney will be able to guide you through the process.
Prior membership in the Communist Party is not necessarily something that would disqualify you from obtaining an EB-5 visa. A client may show that he/she did not voluntarily join the party in the first place. Many former communist countries had mandatory membership in the party, and this may be something you can prove. A client may also prove (with proper documentation) that he/she left the party many years ago. Each case should be analyzed on an individual basis. Please contact our office for additional information.
Our law firm has represented many Chinese nationals applying for the conditional permanent residency through the U.S. Consulate. If they state and clearly prove they are no longer Communist party members, and clearly show by supporting documentation they were required to join and they had no choice in the decision, then the U.S. Consulate should approve the conditional permanent residency visa for the investor, spouse and the minor children.
The U.S. Consulate in Guangzhou has a special questionnaire for former CCP members. Basically, if the applicant can demonstrate that he or she became member only in order to secure career advancement or other necessities of life (income, wages, shelter, etc.), then the applicant will not be found inadmissible to the United States.
It is a complex question and requires a detailed interview. You would need to speak with an immigration attorney familiar with both the country you are from and immigration benefit eligibility laws. To schedule a consultation with my office, please call us.
Yes, however this is something you need to discuss with your attorney.
