Green Card Options for Victims of Communist or Fascist Oppression

1. What is the process to obtaining a US Green Card on the basis of communism or fascism?


There is no process to obtain a US Green Card on the basis of communism or fascism. The Green Card process requires applicants to meet certain criteria, such as being a refugee or an immediate relative of a US citizen, holding a special skill or expertise, or having an approved job offer from a US employer. Additionally, applicants must demonstrate that they will not become a public charge and they must pass background and security checks. An applicant’s political beliefs are not considered when applying for a Green Card.

2. Who is eligible to apply for a US Green Card under this category?


Individuals who qualify for a US Green Card under the Family-Based Immigrant Visa Category include:
– Immediate relatives of U.S. citizens, such as spouses, children (under the age of 21), and parents (if the petitioner is 21 years of age or older)
– Spouses and unmarried children of permanent residents
– Married children of U.S. citizens
– Siblings of U.S. citizens (if the petitioner is 21 years of age or older)

3. What evidence is needed to prove one’s experiences under Communist or Fascist Oppression?


Evidence to prove one’s experiences under Communist or Fascist oppression can include personal documents such as photographs, letters, diaries, news articles or other documents which may aid in the verification of events. Other forms of evidence could include testimonies from other witnesses or survivors, as well as official documents from government offices or other organizations. In some cases, historical records from archives or other sources may also provide evidence of Communist or Fascist oppression.

4. How long does it take to receive a Green Card after applying under this category?


The processing time for a Green Card application under this category varies according to the country the applicant is from and the backlog of applications already in the system. Generally, it takes 6-12 months before an applicant receives their Green Card.

5. What are the fees associated with obtaining a Green Card as a victim of communist or fascist oppression?


The fees associated with obtaining a Green Card as a victim of communist or fascist oppression are the same as the fees for any other type of Green Card application. The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, is currently $1,140. There may also be additional fees for biometrics services and other related services.

6. How does one apply for a waiver of the application fees associated with obtaining a Green Card under this category?


The applicant may request a fee waiver by filing Form I-912, Request for Fee Waiver, and submitting it with their Green Card application. The fee waiver should include proof of the applicant’s income and other financial information to demonstrate that they cannot afford the fees. The required documents vary by immigration category. The agency will review the application and determine whether or not to grant the fee waiver.

7. Will having a criminal record affect one’s ability to obtain a Green Card under this category?


Having a criminal record can affect one’s ability to obtain a Green Card under this category. The USCIS will look at the specific type of offense, the length of time since the conviction, and other factors in determining whether an applicant is admissible to the United States. If it is determined that the applicant poses a threat to national security or public safety, they may be denied a Green Card.

8. Are there any time limitations for applicants under this category?


No, there are no time limitations for applicants under this category.

9. How does one prove their refugee status if they are applying from outside the US?


Individuals applying for refugee status from outside of the US must provide proof of their refugee status by submitting an application to the US Department of Homeland Security (DHS), which includes providing evidence of their identity, nationality, family or other relationships, and other relevant documents to demonstrate they meet the definition of a refugee. Individuals may also need to provide evidence of persecution or a well-founded fear of persecution in their home country. In some cases, individuals may be asked to appear for an in-person interview.

10. What type of documentation is needed to prove eligibility for a US Green Card under this category?


Generally, a variety of documents are needed to prove eligibility for a US Green Card under this category, such as evidence of the family relationship, proof of U.S. citizenship, and proof of legal entry into the United States. Additionally, applicants must provide proof of financial support from the sponsoring family member, evidence of any legal name changes, and any other relevant documentation to prove eligibility.

11. Does receiving a Green Card based on communist or fascist oppression affect one’s ability to become a U.S. citizen?


No, receiving a Green Card based on communist or fascist oppression does not affect one’s ability to become a U.S. citizen. The U.S. Citizenship and Immigration Services (USCIS) does not impose any restrictions on the basis of political beliefs for any immigration benefit, including U.S. citizenship.

12. What is the process for filing an appeal if an application for a Green Card is denied under this category?


If an application for a Green Card is denied under this category, the applicant may file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the denial. The BIA will review the case and issue a decision. If the BIA upholds the denial, the applicant can file a petition for review with a federal court.

13. Are there any special programs available for victims of communist or fascist oppression who want to study in the US?


Yes, there are special programs available for victims of communist or fascist oppression who want to study in the US. The United States Department of State’s Bureau of Educational and Cultural Affairs (ECA) provides special programs and scholarships for those affected by totalitarian regimes. These programs include the Hubert H. Humphrey Fellowship Program, the Ronald Reagan Freedom Scholarship Program, the Fulbright Scholar Program, and the Community Connections Program. Additionally, there are various NGOs and scholarship programs dedicated to offering assistance to victims of oppressive regimes.

14. Are there any special immigration benefits available to victims of communist or fascist oppression who are currently living in the US?


Yes, individuals who were victims of communist or fascist oppression may be eligible for certain benefits from the U.S. Citizenship and Immigration Services (USCIS). Generally, these benefits allow a victim to adjust their status or obtain employment authorization. The USCIS also offers humanitarian programs such as the Victims of Crime Visa and the U Visa, which are specifically designed to help victims of certain crimes and those who have suffered violence or abuse. Additionally, individuals who were persecuted in their home countries due to their political opinion may be eligible for asylum in the United States.

15. What additional forms must be submitted when applying for a Green Card on the basis of communism or fascism?


When applying for a Green Card on the basis of communism or fascism, the applicant must submit a variety of additional forms, including Form I-508, Waiver of Rights, Privileges, Exemptions and Immunities; Form I-601, Application for Waiver of Grounds of Inadmissibility; Form I-589, Application for Asylum and for Withholding of Removal; and Form I-131, Application for Travel Document. Additionally, applicants must provide evidence that they meet the criteria to qualify as a refugee.

16. Is there any age requirement to apply for a US Green Card under this category?


Yes, there is an age requirement to apply for a US Green Card under the EB-5 Immigrant Investor Program. Applicants must be at least 18 years old.

17. Does having family members in the US help with the application process for victims of communist or fascist oppression?


Yes, having family members in the US can help with the application process for victims of communist or fascist oppression. In many cases, family members may be able to provide support and assistance during the application process, such as by helping to gather necessary documents or providing financial assistance. Additionally, family members may be able to provide emotional support and guidance throughout the process.

18. Does anyone’s nationality or religion disqualify them from being eligible to apply for a US Green Card under this category?


No, nationality or religion does not disqualify an individual from being eligible to apply for a US Green Card under this category. The only eligibility requirements are that the applicant must be a foreign national with extraordinary ability in the sciences, arts, education, business, or athletics, and that they must be recognized nationally or internationally for their achievements in their field.

19. What happens if an application is denied for a US Green Card based on communism or fascism?


If an application for a US Green Card is denied based on communism or fascism, the applicant will be informed in writing of the denial and of their right to appeal. The applicant may appeal the denial by submitting a written statement to the relevant US Citizenship and Immigration Services (USCIS) office, explaining why they believe the decision should be overturned. The USCIS will review the statement and make a final determination.

20. Is it possible to sponsor family members who are victims of communist or fascist oppression through the US Green Card process?


Yes, it is possible to sponsor family members who are victims of communist or fascist oppression through the US Green Card process. This can be done through the US Refugee and Asylum Program, which provides immigrants with legal protection and a path to legal permanent residence.