Adjustment of Status for former CCP member granted without interview!
August 30, 2023

Table of ContenTS

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

Our client came to us after she self-filed an I-130 based on her marriage to a United States citizen. She wanted to know whether she could obtain her lawful permanent residence through her self-filed petition.

However, upon meeting with our experienced team, our client admitted to joining the Chinese Communist Party (CCP) for personal reasons. When we asked our client to verify that her CCP membership had been terminated, she discovered that although she had never paid dues in the past year, her membership remained active. This created a problem for our client because, unless an exception applies, any immigrant who is or has been a member of or affiliated with the Communist Party or any other totalitarian party is inadmissible to the United States under INA § 212(a)(3)(D).

Our team immediately got to work on filing for our client’s adjustment of status and also filed a waiver for our client’s inadmissibility due to her CCP membership. In our applications, we established that our client had strong ties to the United States, and that her husband would suffer hardship if our client were not allowed to obtain her lawful permanent resident status. We also established that our client was an upstanding individual who only joined the party to obtain employment in China.

The client was ecstatic when her waiver and adjustment of status were approved! In fact, the client was not even asked to go to USCIS for an interview before the applications were approved!

To qualify for a waiver for a prior or current 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;  
  1. 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 We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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