/>iOverview of the Recent FAM Update
On June 10, 2025, the U.S. Department of State (DOS) updated the Foreign Affairs Manual (FAM), removing the “nonmeaningful membership” exception for inadmissibility based on membership in communist or other totalitarian parties. This significant revision may impact how the DOS adjudicates immigrant visa applications.
What Is Totalitarian Party Inadmissibility?
The term “totalitarian party inadmissibility” refers to a provision in U.S. immigration law that makes individuals ineligible for certain immigration benefits—such as U.S. legal permanent residence—if they are or have been members of a communist or other totalitarian party, whether foreign or domestic. This ground of inadmissibility is codified in Section 212(a)(3)(D) of the Immigration and Nationality Act (INA) and applies to both current and past membership or affiliation. This policy is enforced in adjustment of status (Form I-485) and immigrant visa (Form DS-260) applications as part of broader national security measures.
How Prior FAM Guidance Addressed Party Membership
Previously, when determining inadmissibility, the DOS first would assess whether an organization was affiliated with a communist or other totalitarian party. If so, the DOS would evaluate whether the applicant’s connection to the organization constituted membership or affiliation. If membership was established, the DOS analyzed whether it was “meaningful,” as outlined by U.S. Supreme Court precedent. In Rowoldt v. Perfetto, 355 U.S. 115, 120 (1957), the Court explained that “[t]here must be a substantial basis for finding that an alien committed himself to the Communist Party in consciousness that he was ‘joining an organization known as the Communist Party which operates as a distinct and active political organization[.]’”
Key Changes: Removal of the ‘Nonmeaningful Membership’ Exception
With the June FAM update, if an applicant’s membership or affiliation with a communist or totalitarian party was sought for economic advantage but was not strictly necessary for essentials of living, the membership may now be considered “meaningful,” making the applicant ineligible for an immigrant visa. Where the U.S. consulate or embassy abroad previously may have evaluated economic or professional convenience as part of its “meaningful” membership analysis, the updated FAM removes this as a mitigating factor.
If party membership is determined in the immigrant visa interview, limited exceptions remain under 9 FAM 302.5-6(B)(5), including involuntary membership, membership before age 16, or membership required to obtain employment, food, or other essentials.
Impact on Career-Based and Convenience Memberships
The update reflects a stricter interpretation: convenience-based or career-driven affiliations with communist or totalitarian parties will no longer exempt applicants from inadmissibility. Employment in a state-owned enterprise typically constitutes party affiliation, as state-owned enterprises, non-governmental organizations, and quasi-governmental organizations may be instruments of the party used to control civil society and to carry out party objectives. This change could increase the need for waiver applications and create additional processing delays and uncertainty for applications for those with prior communist or totalitarian party affiliations.
Expanded Inadmissibility to Socialist Party Affiliations
The June 10 update also expands inadmissibility to certain socialist parties. Parties that are socialist in name or political philosophy, or that advocate communist policies—such as the collectivization of private property—are considered affiliates of communist parties. Examples include the Socialist Unity Party of Germany, the Workers’ Party of Korea, the Korean Social Democratic Party, and the United Socialist Party of Venezuela.
Military Service and Party Affiliation
The updates address service in the armed forces of communist countries. While military service alone does not itself establish party membership or affiliation, ongoing service and promotion to higher ranks may indicate political alignment with a proscribed organization.
Passport Type as Evidence of Party Affiliation
Another new criterion is the type of passport an applicant holds. The FAM update states that “possession of a diplomatic, special, or service passport issued by a communist or communist-controlled country, or totalitarian or totalitarian-controlled country, suggests membership or affiliation with a proscribed party.”
Exceptions for Past Membership and Security Considerations
The update confirms that the exception for past membership does not apply if the applicant is determined to pose a threat to the security of the United States. Generally, relinquishing communist party membership more than five years prior to the immigrant visa application may still qualify as an exception to inadmissibility.
Countries and Applicants Most Affected
These FAM updates may significantly impact citizens of certain countries such as China, Vietnam, and Russia. Applicants who have worked in state-owned enterprises, received education in sensitive fields from party-affiliated universities, served in the military, held government positions, or traveled on government passports may be impacted by these changes. Individuals applying for immigrant visas should consult with immigration counsel regarding any present or past membership in a communist or totalitarian party.
USCIS Policy Manual Status
As of the date of this blog post, U.S. Citizenship and Immigration Services (USCIS) has not yet updated its Policy Manual (Volume 8, Part F, Chapter 3 ) to reflect this new DOS guidance regarding communist or totalitarian party membership for adjustment of status applications (Form I-485). Greenberg Traurig will continue to monitor updates from USCIS as they become available.
Communist or Totalitarian Party Membership and Naturalization Ineligibility
Membership in a communist other totalitarian party may also make a foreign national ineligible from securing U.S. citizenship through the naturalization process. However, there are certain exceptions for those whose membership in a communist or totalitarian party terminated more than 10 years prior to applying for naturalization as well as exceptions for involuntary membership, membership under the age of 16 years and membership for essentials of living. INA § 313(c), (d).
