At The Law Offices of Sabrina Li, we're pleased to share another success story. Through diligent effort and legal expertise, we have successfully assisted a client whose adjustment of status was complicated by past CCP membership.

USCIS RFE for I-601 Waiver due to CCP Membership

The client came to our office because she had filed an adjustment of status application on her own. With her I-485 application, she submitted a detailed account of her history with the Chinese Communist Party (CCP), acknowledging her voluntary membership and subsequent withdrawal from the Party shortly before applying for her green card.  However, ten months later, she received a Request for Evidence (“RFE”) indicating that she had not provided sufficient information regarding her prior membership with the Chinese Communist Party (“CCP”). The RFE went on to request a waiver for the client’s prior membership. Our client then contacted our office for help with the RFE.

Strategic Approach in Sensitive Situations

The client submitted her adjustment application during her OPT without extending her student status or switching to a different nonimmigrant status afterward. With her I-485 pending and her status uncertain, the consequences of denial were dire: she risked unlawful status and potential separation from her husband in the U.S. Understanding these high stakes, our team meticulously addressed each aspect of the RFE.

Our office has a lot of experience with situations like this and we knew that the RFE was asking for a waiver for our client's prior membership because it made her inadmissible under INA 212(a)(3)(D). This ground of inadmissibility applies to any voluntary membership that was made after the age of 16 and within the last five years. It was very important for our client to obtain a waiver so that she could avoid being separated from her family or having to wait a long time before she could reapply for status adjustment.

Springing into Action: Responding to the RFE with a Waiver

Our firm promptly embarked on crafting a persuasive waiver for the ground of inadmissibility. We contextualized our client's initial reasons for CCP involvement, confirming her current non-participation in its activities. We then submitted a comprehensive legal brief affirming her strong family ties within the U.S., her status as a law-abiding resident, and the personal hardship she would face if returned to China.

Thanks to our hard work and keen eye, the client’s waiver was approved in just 22 days after submission! And her green card was, of course, approved shortly after the waiver approval.

Understanding CCP Inadmissibility and Waivers

Typically, past or present membership or affiliation with the Communist Party, or any totalitarian party, renders an individual inadmissible. Yet, there are exceptions and waiver possibilities, especially for relatives of U.S. citizens or Lawful Permanent Residents (LPRs).

The waiver may be granted under the discretion of the Secretary of Homeland Security for humanitarian purposes, family unity, or the public interest, particularly if the individual:

• is a parent, spouse, son, daughter, brother, or sister of a U.S. citizen, or is a spouse, son, or daughter of an LPR;
• is not a threat to the security of the United States; and
• warrants a favorable exercise of discretion.

Your Advocates in Immigration: The Law Offices of Sabrina Li

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.