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.
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