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View Full Version : Challenging "Communist party" clause of INA (3)(D)(i) in court


lostfreeman
10-27-2015, 11:04 PM
It looks like the clause is does not conform to the First Amendment. There are many communist parties in the world, which are not totalitarian, as phrasing of INA (3)(D)(i) implies (e.g. "the Communist or any other totalitarian party"). Here's a list on Wikipedia of acting communist parties: https://en.wikipedia.org/wiki/List_of_communist_parties

Significant number of those parties from EU cherish democracy and follow corresponding processes.

If anyone is interested in such a process, please, reply to this thread, or ping me in private message.

Also, I would like to know how much would building such a case cost, provided I can collect some evidence to support position, that membership in communist party does not imply totalitarian views and hence is not a rational basis to deny an immigrant visa.

Administrator2
10-28-2015, 01:10 AM
It looks like the clause is does not conform to the First Amendment. There are many communist parties in the world, which are not totalitarian, as phrasing of INA (3)(D)(i) implies (e.g. "the Communist or any other totalitarian party"). Here's a list on Wikipedia of acting communist parties: https://en.wikipedia.org/wiki/List_of_communist_parties

Significant number of those parties from EU cherish democracy and follow corresponding processes.

If anyone is interested in such a process, please, reply to this thread, or ping me in private message.

Also, I would like to know how much would building such a case cost, provided I can collect some evidence to support position, that membership in communist party does not imply totalitarian views and hence is not a rational basis to deny an immigrant visa.

Please don't waste people's time on useless lawsuit. We don't encourage anyone using our forums for the purpose that does not benefit our members. If you are some lawyer who is looking for ways to make money by filing another frivolous lawsuit, then you are not welcome here.

Good bye

lostfreeman
10-28-2015, 03:08 PM
Please don't waste people's time on useless lawsuit. We don't encourage anyone using our forums for the purpose that does not benefit our members. If you are some lawyer who is looking for ways to make money by filing another frivolous lawsuit, then you are not welcome here.

Good byeI appreciate your concern about spamming in this forum, however, I'm not a lawyer, and, in fact, myself is apparently affected by that clause. My 485 case was filed ~450 days ago, and today is 120 days since I filed meaningless RFE, which was caused by my medical forms arriving unsealed to the field office in Seattle from NBC. On June 28th they received the exactly same medical, but sealed. And haven't adjudicated my case until now.

I suspect, that adjudication is delayed due to my past membership in a Russian communist party, which has been a democratic party so far (that is not the Soviet ccommunist party, it participates in elections, etc), but I still had to check the box on application, because of question phrasing.

Now, I plan to file Writ of Mandamus for my own case, and I have spare funds to hire a lawyer to contest that clause for the sake of other people like me. I was hoping IV would help me in that part. For my own case I have Microsoft immigration lawyers to help already.