[65] It is also the applicant’s burden to prove that he or she is not a threat to the security of United States. Of or relating to immigrants or the act of immigrating. [9], The Internal Security Act of 1950 created criminal penalties for conspiring to create a totalitarian dictatorship in the United States and to unlawfully communicate or receive classified information. If an officer has determined that the alien has been a member of or affiliated with a proscribed organization and one of the involuntary membership exceptions does not apply, the officer should evaluate whether the past membership exception applies to the alien. [^ 10] See Sections 6 and 7 of the Internal Security Act of 1950, Pub. [2], During and after World War I, the U.S. government was concerned with the external threats of anarchism and communism. Subsequent amendments provided for additional exceptions. 35 835. Drawing on 153 interviews with Indian, … An affiliate organization of a totalitarian party is one that is related to, or identified with, a proscribed association or party[40] in such close association as to evidence an adherence to or a furtherance of the purposes and objectives of such association or party, or as to indicate a working alliance to bring to fruition the purposes and objectives of the proscribed association or party. 395, 397 (August 15, 1979). 163, 184 (June 27, 1952). [67] An alien may be found to be a threat to the security of the United States and ineligible for the exception even if not inadmissible under a separate security or terrorist inadmissibility ground.[68]. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. [23] While nonimmigrant alien members of communist or totalitarian parties cannot be found inadmissible based on INA 212(a)(3)(D), they may be found inadmissible based on other grounds, if applicable. [35], Even if an alien is not a member of the Communist or any other totalitarian party, he or she may still be inadmissible if found to be an affiliate of such an organization. [^ 17] See Section 212(d)(2) and (3) of the INA of 1952, Pub. 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), domestic or foreign, is inadmissible. Largest U.S. In thinking about immigration and race or ethnicity, and in partic-ular about how immigration affects the dynamics of racial and ethnic identity in the United States, which in … [45] Accordingly, an alien’s knowledge or awareness of a communist or totalitarian party’s political nature is sufficient to establish that an alien’s membership is meaningful.[46]. In addition, there is the level of institutions, which come in two broad types. [27], This ground of inadmissibility applies to an alien seeking immigrant status, such as an alien inside the United States applying for adjustment of status to that of a lawful permanent resident (LPR), an alien applying for an immigrant visa with the U.S. Department of State (DOS) at a U.S. embassy or consulate outside of the United States, or an alien applying for admission as an immigrant at a U.S. port of entry. 4. After determining that the group in question meets the definition of the Communist or any other totalitarian party, the officer must determine if the alien is or has been a member of or affiliated with that group. [37] Affiliation includes more than mere interest or sympathy for an organization but may also be accompanied by some positive and voluntary action that provides support, money, or another thing of value. Immigration, process through which individuals become permanent residents or citizens of another country. This Act expanded upon the brief definition of anarchy found in prior law to cover all forms of activities related to its advocacy, including membership in and affiliation with any organization or group that advocated opposition to all forms of organized government.
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