INA: ACT 212


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送交者: 六指 于 2017-11-15 00:19:25

回答: 美国法律还禁止共产党员入境呢 由 六指 于 2017-11-15 00:16:07

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

(3) Security and related grounds.

(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.

(ii) Exception for involuntary membership.-Clause (i) shall not apply to an
alien because of membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa (or to the
satisfaction of the Attorney General when applying for admission) that the
membership or affiliation is or was involuntary, or is or was solely when 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.

(iii) Exception for past membership.-Clause (i) shall not apply to an alien
because of membership or affiliation if the alien establishes to the
satisfaction of the consular officer when applying for a visa (or to the
satisfaction of the Attorney General when applying for admission) that-

(I) the membership or affiliation terminated at least-

(aa) 2 years before the date of such application, or

(bb) 5 years before the date of such application, in the case of an alien
whose membership or affiliation was with the party controlling the government of
a foreign state that is a totalitarian dictatorship as of such date, and

(II) the alien is not a threat to the security of the United States.

(iv) Exception for close family members.-The Attorney General may, in the
Attorney General's discretion, waive the application of clause (i) in the case
of an immigrant who is the parent, spouse, son, daughter, brother, or sister of
a citizen of the United States or a spouse, son, or daughter of an alien
lawfully admitted for permanent residence for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest if the immigrant is
not a threat to the security of the United States.

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