By Caribbean News Global
WASHINGTON, USA – On October 2, United States Citizens and Immigration Services (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.
The policy amendment specify that “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 US Citizenship and immigration Services statement added: “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,” further recites: “this guidance, contained in Volume 8 of the policy manual, is controlling and supersedes any related prior guidance on the topic.
“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.”
Meanwhile, on Monday, October 6, 2020, USCIS issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.
“The updated guidance reaffirms USCIS’ long-standing interpretation that an alien who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet that requirement. The updated guidance also incorporates Matter of Z-R-Z-C-, which held that generally TPS beneficiaries who travel outside the United States with prior authorization under INA 244(f)(3) retain the same status when they return to the United States that they had when they departed. If they were not considered inspected and admitted or inspected and paroled before their departure, that will not change when they return.”
“This updated policy guidance clarifies that decisions in the Sixth and Ninth Circuits holding that TPS is an admission for INA 245(a) purposes are limited to those jurisdictions. Outside of the Sixth and Ninth Circuits, Matter of H-G-G-, 27 I. & N. Dec. 617, 635 (AAO 2019) applies,” USCIS updated policy guidance said.