Green Card for Past CCP Member Approved Without Waiver!
January 15, 2024

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.

The client came to our office because she was married to a Lawful Permanent Resident (LPR) and was interested in obtaining her green card as well. She was in the United States on a valid nonimmigrant visa, but her status was set to expire in just one month.

We had to move quickly to file the client’s green card application because if she fell out of status, she would become ineligible to adjust her status under INA §245(c)(2) and would have to leave the United States to process at a consulate abroad. Moreover, it was vitally important that our client process within the United States as we knew our client had previously been affiliated with the Chinese Communist Party (CCP). We knew we had to be careful in our filing to avoid a finding of inadmissibility under INA §212(a)(3)(D) for being affiliated with a communist party so that we could avoid the lengthy and expensive process of filing a waiver of inadmissibility.

Our masterful team helped our client prepare her adjustment of status petition, filed it in a timely manner before the expiration of her legal status, and took special care in assisting our client in disclosing and explaining her membership in the CCP. We explained that our client was a member of the CCP because she felt pressured to join to secure her future; however, our client had only been a member for a brief period. Moreover, we explained that she had ceased membership over twenty years ago. When our client was scheduled for an interview for her adjustment of status, we dutifully prepared her for what to expect and how she should respond.

Our meticulous work was successful, and our client’s green card was approved without the need for a waiver!

Generally, any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate), domestic or foreign, is inadmissible. However, an applicant will not be inadmissible if the membership is or was involuntary, solely while under 16 years of age, by operation of law, or for the purpose of obtaining employment, food rations, or other essentials of living. Likewise, if the membership or affiliation is terminated at least 2 or 5 years before the application for admission, and the applicant is not a threat to U.S. security, the applicant will not be found to be inadmissible.

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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