1. What is the process to obtaining a US Green Card on the basis of communism or fascism?
There is no process to obtaining a US Green Card on the basis of communism or fascism. Under U.S. immigration law, applicants must demonstrate that they are admissible to the United States for reasons other than their membership in or support for a totalitarian party or movement. In addition, applicants must meet all of the usual eligibility requirements for Green Card holders, such as having a qualifying family relationship or a valid job offer.
2. Who is eligible to apply for a US Green Card under this category?
In order to be eligible to receive a green card through the EB-5 visa category, an individual must demonstrate that they have invested or are in the process of investing the minimum capital required ($500,000 or $1 million, depending on the project) into a commercial enterprise in the United States that will create at least 10 full-time jobs for U.S. citizens or other lawful permanent residents. Investors must also demonstrate that they are either a lawful permanent resident of the United States or are residing in the country with permission from the U.S. Department of Homeland Security.
3. What evidence is needed to prove one’s experiences under Communist or Fascist Oppression?
Evidence needed to prove one’s experiences under Communist or Fascist Oppression would include:
-Official documents or records from the oppressive regime
-Testimonies from other people who experienced the same oppression
-Personal records, such as records of where someone was, what they experienced, and how it affected them
-Photographs, videos, or other physical items that provide proof of the oppression
4. How long does it take to receive a Green Card after applying under this category?
The time it takes for an applicant to receive a Green Card after applying depends on a variety of factors, such as the backlog in the applicant’s country of origin, the current processing times by the United States Citizenship and Immigration Services (USCIS), and the individual applicant’s circumstances. Generally, the process for obtaining a Green Card through this category can take 8-12 months, or even longer.
5. What are the fees associated with obtaining a Green Card as a victim of communist or fascist oppression?
According to the US Citizenship and Immigration Services (USCIS), there is no fee associated with filing Form I-485, Application to Register Permanent Residence or to Adjust Status, when filing as a victim of communist or fascist oppression. However, there is a fee associated with filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
6. How does one apply for a waiver of the application fees associated with obtaining a Green Card under this category?
Applicants can request a fee waiver by filing Form I-912 (Request for Fee Waiver) with U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by evidence that the applicant is indigent or unable to pay the fees.
7. Will having a criminal record affect one’s ability to obtain a Green Card under this category?
Having a criminal record may affect one’s ability to obtain a Green Card under this category. Depending on the type of crime, it may render an applicant inadmissible to the United States and subject to removal. Depending on the type of crime, having a criminal record may also disqualify an applicant from obtaining a Green Card under this category.
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?
In order to prove refugee status for an application from outside the US, an individual must first submit an application to the United Nations High Commissioner for Refugees (UNHCR). The UNHCR will review the application and process the individual’s claim and determine if they meet the requirements to be considered a refugee. If approved, the UNHCR will provide a refugee travel document, which can then be used to apply for a U.S. refugee visa.
10. What type of documentation is needed to prove eligibility for a US Green Card under this category?
To prove eligibility for a U.S. Green Card under family-based immigration, applicants must provide documentation such as birth certificates, marriage certificates, and passports. Other documents such as proof of financial support, evidence of the relationship between the applicant and the U.S. citizen or lawful permanent resident sponsoring them, as well as evidence of any qualifying employment or investment activity may also be requested.
11. Does receiving a Green Card based on communist or fascist oppression affect one’s ability to become a U.S. citizen?
No, it does not affect a person’s ability to become a U.S. citizen. However, it may be necessary for the applicant to provide additional evidence or explanation of why they are applying for U.S. citizenship if their circumstances involve past oppression.
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. The appeal must be filed within 30 days of receiving the denial notice. The filing fee for an appeal is $110. Additionally, the applicant must include a copy of their Form I-130, Petition for Alien Relative, and any other supportive evidence that establishes the relationship.
13. Are there any special programs available for victims of communist or fascist oppression who want to study in the US?
Yes, there are several special programs available for victims of communist or fascist oppression who want to study in the US. The US State Department’s Educational and Cultural Affairs Bureau administers the Hubert H. Humphrey Fellowship Program, which provides fellowships for mid-career professionals from countries with communist or fascist regimes to study in the US. The Kennedy-Lugar YES Program offers scholarships to high school students from countries with significant Muslim populations who have been victims of war, political oppression or terrorism. Additionally, the Paul and Daisy Soros Fellowships for New Americans provides fellowships for immigrants and children of immigrants to pursue graduate studies in the US.
14. Are there any special immigration benefits available to victims of communist or fascist oppression who are currently living in the US?
Yes, individuals may be eligible for immigration benefits through the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act (HRIFA) or through the Immigration and Nationality Act (INA), Section 202 (a)(1). Individuals may also be eligible for refugee or asylum status, or humanitarian parole if they are currently living in the US.
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, an individual must also submit Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Worker, and Form I-864, Affidavit of Support. Additional supporting documents may be needed depending on the individual’s situation.
16. Is there any age requirement to apply for a US Green Card under this category?
Yes, applicants must be at least 21 years old to apply for a US Green Card under this category.
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 may help with the application process for victims of communist or fascist oppression as they can provide additional support and resources in filing for an immigrant visa. Additionally, family members in the US may be able to provide financial assistance or emotional support during the application process.
18. Does anyone’s nationality or religion disqualify them from being eligible to apply for a US Green Card under this category?
No, there is no nationality or religious requirement that would disqualify someone from applying for a US Green Card under this category.
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 individual can file an appeal of the decision. The process for appealing the denial will vary depending on the circumstances of the case. In some cases, the individual may be able to file a motion to reopen or reconsider the decision, while in other cases, the individual may need to file a motion for administrative review or a petition for review with a federal court.
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. The US Green Card process allows immigrants to apply for permanent residence status in the United States if they can demonstrate that they have been persecuted in their home country on account of race, religion, nationality, membership in a particular social group, or political opinion. As such, individuals who have been persecuted on the basis of being victims of communist or fascist oppression would qualify for permanent residence through the US Green Card process.