USCIS Issues Policy Guidance Regarding Inadmissibility Based on Membership in a Totalitarian Party

On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”

The new policy manual section provides guidance on how to adjudicate inadmissibility due to membership in the Communist Party or any other totalitarian party in the context of adjustment of status applications.

In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible to the United States. This addition to the policy manual will help officers adjudicate this inadmissibility ground consistent with federal law.

For more information, see the Policy Manual guidance (PDF, 297.9 KB).