World Journal Weekly Q & A - May 18, 2008

Q&A 1.

Do I have to Fill Out My Membership in the Chinese Communist Youth League When I Fill Out the I-485 Adjustment of Status to Permanent Residence Form?

Zhang reader asks:

My asylum case was approved one year ago and now I am filling out the I-485 application for my green card. My questions are:

1. Will Immigration interview asylee for his green card application? I was told the asylee did not have to be interviewed for the green card, was it true? I believe if an interview is needed, the questions are hard to control. Am I correct?
2. My situation and condition is simpler than others, so do I need to hire an attorney to handle this application? Please give me a pertinent answer.
3. In the I-485 form, part C, it asked to fill out the past organization and party association. I am/was not a Communist but was a member of Chinese Communist Youth League. I do not remember when I joint or when I left the membership. Per your experience, do I have to put down this membership on the form?

Dear reader:

1 Many asylees are not interviewed for permanent residence although there are many who are requested to appear for interview. In an interview, immigration officers will generally ask questions on subjects which are of concern to them. If you do not feel confident enough to interview by yourself, you can always request an attorney to represent and appear with you.

2 Persons hire attorneys depending upon their level of confidence in being able to handle the immigration procedure. It is a personal decision dependent upon the individual.

3 The I-485 form, Part C, states that you are to list your membership or affiliation "with every organization, association, fund, foundation, party, club, society or similar groups in the United States or in other places since your 16th birthday." It appears clear from the language that you are required to list membership in the Communist Youth League if your membership extended until the age of 16. Associated with that question is the further one on Part 3, item 6, "Have you ever been a member of, or in any way affiliated with, the Communist Party or any other totalitarian party?" Under this question, whether this item must be checked "yes" is questionable as an argument can be made that membership or affiliation in the Chinese Communist Youth League is not the equivalent of membership in or affiliation with the Communist Party. In my opinion, if the membership or affiliation in the Youth League is already stated in Parts C, you can safely answer "no" to item 6 without fear that an immigration officer will think that you are attempting to commit an act of fraud. I note that even if the membership or affiliation is ultimately considered to be with the Communist Party, the law will excuse an individual who establishes that it was involuntary, or occurred and terminated prior to the age of 16 years, or that the membership or affiliation was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and was necessary for such purposes. In addition, an applicant may be able to show non meaningful membership or that five years have passed since leaving the organization.

Copyright © 2003-2008 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.