On June 10, 2025, the U.S. Department of State updated the Foreign Affairs Manual (FAM), specifically 9 FAM 302.5, to make sweeping changes concerning immigrant visa eligibility and membership in Communist or totalitarian parties. The revisions significantly expand the definition of “affiliation” with the parties for individuals who have never been official party members, remove certain exceptions, and increase recordkeeping requirements. This update has already adversely affected many pending immigrant visa applications.
Under Section 212(a)(3)(D) of the Immigration and Nationality Act (INA), any immigrant visa applicant (or applicant for adjustment of status) who is or has been a member of the Communist Party or another totalitarian party, including subdivisions, affiliates, and certain related organizations, is generally considered inadmissible to the United States. The statute provides limited exceptions for past membership, involuntary membership, or membership terminated before age sixteen. Consular officers apply this provision through the Foreign Affairs Manual (9 FAM 302.5), which sets forth how “membership” and “affiliation” are defined, what exceptions may apply, and how cases must be documented.
