
Countries / Territories
Related contacts
Related contacts
Related contacts
By: Chad Ellsworth
General Immigration Bar Against Communist Party Members
While the Cold War has ended, the U.S. Immigration and Nationality Act (INA) §212 (a)(3)(D)(i) still restricts Communist Party members from immigrating to the United States. This INA restriction may affect Chinese and Vietnamese EB-5 investors who are or may have been Communist members or affiliated with a Communist Party.
The three main immigration forms that ask about Communist Party membership and affiliation are Form DS-260 for immigrant consular processing, Form I-485 for adjustment of status to obtain a green card, and Form N-400 for naturalization to become a U.S. citizen.
What do Consular Officers Consider?
A consular officer determines whether an applicant is or was a member or affiliate of the Communist Party for consular processing abroad. To make a determination, the consular officer will generally review the applicant’s visa application, the applicant’s statements, name change results, consular post files, and any other available outside information.
U.S. Department of State’s Security Advisory Opinion (SAO)
If there are any discrepancies between the record and the applicant’s statements, the consular officer will try to resolve the factual issue locally. But if questions can’t be answered at the local consular post, then the officer will send a request to the U.S. Department of State in Washington D.C. for a Security Advisory Opinion (SAO), commonly known as a security clearance. The SAO will contain the consular officer’s opinion on whether the applicant’s membership is meaningful or non-meaningful and any points to support that position.
The Department’s SAO is required prior to visa issuance to any Communist membership case where:
- The consular officer has information indicating that the claimed termination of membership did not occur;
- The consular officer has reason to believe the applicant may be a threat to U.S. security; or
- The applicant denies any membership or affiliation at any time, but at the same time asserts that, at a minimum, there has been no such membership or affiliation within the past two or five year period.
- The applicant’s membership or affiliation was involuntary;
- The applicant’s membership was terminated before applicant attained the age of 16;
- The applicant’s membership or affiliation was by operation of law;
- The applicant’s membership or affiliation was necessary for purposes of obtaining employment, education, food rations, or other essentials of living;
-
The applicant’s membership or affiliation was without awareness of the nature or the aims of the organization and was discontinued when the applicant became aware of the nature and the aims of the organization.
- Membership or affiliation with the Communist Party was terminated two years before the date of the visa application; or
- Membership or affiliation with the Communist Party controlling the government of a foreign state was terminated five years before the date of the visa application.
Countries / Territories
Related contacts
Related contacts
Related contacts
Explore more at Fragomen
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.


