Clarification of U.S. Visa Law Pertaining to Communist Party Members

October 06, 2020

We are concerned that a few news stories have published misleading information about U.S. visas.  We’d like to clarify that there has been no change to our policy, or to our decades-old law regarding members of communist parties or totalitarian regimes who are traveling or immigrating to the United States.  Nepal Communist Party members are not automatically barred from immigrating to the United States.  Each visa case is adjudicated on an individual basis.

U.S. Citizens and Immigration Services (USCIS) recently issued administrative guidance – essentially an instruction manual – to USCIS officers for the immigration applications of people already within the United States.  News about this administrative guidance has caused confusion.

In 1952, the U.S. Congress passed the Immigration and Nationality Act (INA), which barred people from immigrating to the United States on the basis of membership in, or affiliation with a Communist or any other totalitarian party.

The law provides for many exceptions and waivers, allowing party members to immigrate to the U.S. if otherwise qualified.  The INA does not affect people wanting to visit the United States temporarily with a non-immigrant visa.

The United States welcomes those with diverse backgrounds and beliefs to apply for visas.  We also respect Nepal’s multiparty democracy and will continue to work with the country’s elected government and people to advance bilateral ties and strengthen democracy as we’ve been doing for the past 73 years.

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