I am an active member of the Communist Party of Greece, will I have trouble visiting the US?

8/15/2022 6:53:31 AM

While certainly the INA is the relevant legislation here, there are quite a lot of other rules so it is nice to find a more or less up-to-date
Clarification of U.S. Visa Law Pertaining to Communist Party Members from the U.S. Embassy in Nepal posted on October 6, 2020 — it confirms what the others have posted, that you are welcome as a visitor. Immigration is complicated.

My summary is this, compiled by copying the relevant parts and changing nothing

there has been no change to our policy, or to our decades-old law regarding members of communist parties who are traveling to the United States: the INA does not affect people wanting to visit the United States temporarily with a non-immigrant visa.

The full text is below.

We are concerned that a few news stories have published misleading information about U.S. visas. We’d like to clarify that there has been no change to our policy, or to our decades-old law regarding members of communist parties or totalitarian regimes who are traveling or immigrating to the United States. Nepal Communist Party members are not automatically barred from immigrating to the United States. Each visa case is adjudicated on an individual basis.

U.S. Citizens and Immigration Services (USCIS) recently issued administrative guidance – essentially an instruction manual – to USCIS officers for the immigration applications of people already within the United States. News about this administrative guidance has caused confusion.

In 1952, the U.S. Congress passed the Immigration and Nationality Act (INA), which barred people from immigrating to the United States on the basis of membership in, or affiliation with a Communist or any other totalitarian party.

The law provides for many exceptions and waivers, allowing party members to immigrate to the U.S. if otherwise qualified. The INA does not affect people wanting to visit the United States temporarily with a non-immigrant visa.

The United States welcomes those with diverse backgrounds and beliefs to apply for visas. We also respect Nepal’s multiparty democracy and will continue to work with the country’s elected government and people to advance bilateral ties and strengthen democracy as we’ve been doing for the past 73 years.

8/13/2022 7:29:08 AM

You won’t be asked.

Assuming you’re a Greek citizen you can travel to the US under the Visa Waiver scheme with an ESTA you apply for online. The ESTA does not ask about communist party affiliation.

With an ESTA you will quickly pass through immigration with some superficial questions about your reason to visit unless something has happened to make them suspicious of you.

8/13/2022 4:25:58 PM

Although membership in the Communist party in the past 2 years will make an immigrant inadmissible under INA 212(a)(3)(D) (8 USC 1182(a)(3)(D); see 9 FAM 302.5-6 and 8 USCIS-PM F.3 for more info), and membership in the Communist party in the past 10 years will make one ineligible for naturalization under INA 313(a)(2) (8 USC 1424(a)(2); see 12 USCIS-PM D.7(D)(1)), there is no specific prohibition against Communist party members entering the US as nonimmigrants.

However, just because you don’t have a ban doesn’t mean that you will necessarily be able to enter — immigration officers at entry have wide discretion to deny entry to most types of nonimmigrant status for pretty much anything they don’t like, under the basis of "failure to overcome the presumption of immigrant intent". Since Communists aren’t really a big problem in the US right now, I am guessing that you will probably be okay. But there are no guarantees.

8/12/2022 9:21:50 PM

No. Membership in a communist party is only a ground of inadmissibility for immigrants, not for nonimmigrants. See 8 USC 1182(a)(3)(D):

(D) Immigrant membership in totalitarian party

(i) In general

Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

(There are exceptions to this general provision, but you do not need to worry about them, because "immigrant" is defined at 8 USC 1101(a)(15) to exclude, among others, "visitors for business or pleasure"; see 8 USC 1101(a)(15)(B).)

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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