The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

A couple came to us after they had filed applications for adjustment of status on their own. The husband’s I-485 was approved swiftly after filing. The wife was not as lucky; she received a request for evidence (RFE) shortly after her husband’s I-485 approval. The United States Citizenship and Immigration Service (USCIS) had issued a Request for Evidence (RFE) requesting a waiver because of her prior membership in the CCP.

Upon reviewing the case, our experienced team swiftly recognized that our client had been deemed inadmissible under INA §212(a)(3)(D) by USCIS. This section of the Immigration and Nationality Act (INA) stipulates that any immigrant who is, or has been, a member or affiliated with the Communist or any other totalitarian party, is considered inadmissible. Thus, we knew that the approval of a waiver was the only thing that would successfully permit her to immigrate to the United States without further delay.

Our team worked quickly to file the waiver application by the deadline set in the RFE so as to avoid the denial of our client’s adjustment of status application. In our filing, we established that our client had significant family ties to the United States as her spouse was a Lawful Permanent Resident, and the couple shared two children who were United States citizens. We also established that our client and her family would suffer hardship if her waiver was not approved.

The client was shocked and overjoyed when her waiver and adjustment of status were approved just five days later!

To qualify for a waiver for a prior membership in a totalitarian party, an individual must:

1. Have a qualifying relationship as:

• The parent, spouse, son, daughter, brother, sister, or K-1 fiancé of a U.S. citizen; or
• The spouse, son, or daughter of an LPR;  

2. And establish the waiver should be granted as a matter of:

• Family unity;
• Humanitarian purposes; or
• Public interest.

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.