有读者问：「如果是党员，申请 EB 是不是会被拒？」
(i) 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 thereof), domestic or foreign, is inadmissible.
(ii) Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.
(iii) Exception for past membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that-
(I) the membership or affiliation terminated at least-
(aa) 2 years before the date of such application, or
(bb) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the United States.
(iv) Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.
- 极权政党及其附属和关联组织的成员，即共产党员和共青团员，不可移民美国。不仅限于 EB 类别。少先队应该也属于共产党的「附属和关联组织」，但根据其章程，年纪为「6周岁到14周岁」，应该符合下面的豁免情形。
- 豁免例外情形一：(a) 非自愿入党（或团）。(b) 因法规要求自动入党或团、且在16岁之前退出。(c) 为了糊口而不得不入党。
- 豁免例外情形二：(a) 申请时已退党2年以上；若该党为极权国家的执政党，则要退党5年以上；并且 (b) 申请人不会给美国带来国家安全威胁。
关于上述豁免例外情形一、(b)，移民法对此的解读和定义在 22 CFR § 40.34 [链接]：
(d) Voluntary Membership After Age 16. If an alien continues or continued membership in or affiliation with a proscribed organization on or after reaching 16 years of age, only the alien's activities after reaching that age shall be pertinent to a determination of whether the continuation of membership or affiliation is or was voluntary.
(e) Operation of Law Defined. The term operation of law, as used in INA 212(a)(3)(D), includes any case wherein the alien automatically, and without personal acquiescence, became a member of or affiliated with a proscribed party or organization by official act, proclamation, order, edict, or decree.
- “Operation of Law” 的定义是：根据当地法规，当事人无需认可、自动成为党员或团员。
答：在移民过程中向 USCIS 撒谎是违法的，若被移民官员认定在申请过程中有 fraud/willful misrepresentation，申请将被拒绝，并且申请人终身不得入境美国 [来源]。建议你请个经验丰富的移民律师讨论你的可行方案。