Our client, a Chinese national in her early 30s, applied for adjustment of status through a marriage-based green card application after building her life in the United States with her U.S. citizen spouse. Her Form I-485 was filed in December 2024, and the case initially progressed as expected. However, following her adjustment of status interview in Washington State, the case took a serious turn. USCIS issued a Notice of Intent to Deny (NOID) dated December 1, 2025, placing the entire case at immediate risk of denial.
The NOID focused on the client’s prior membership in the Chinese Communist Party (CCP), one of the increasingly complex and sensitive grounds of inadmissibility under U.S. immigration law. During her interview, the client testified under oath that she joined the CCP over 10 years ago while pursuing postgraduate studies in China, primarily to improve her academic standing and employment opportunities. However, USCIS determined that her membership was voluntary, occurred within five years of filing her green card application, and that she had not formally resigned or obtained documentation confirming termination.
The agency further concluded that her membership was not required by law or for basic living necessities, leading to a determination that she was inadmissible under INA §212(a)(3)(D).
Faced with a strict deadline and a high likelihood of denial, our firm conducted a detailed legal analysis and made a critical strategic decision: rather than relying solely on a rebuttal, we pursued a Form I-601 waiver under INA §212(a)(3)(D)(iv). This discretionary waiver allows applicants to overcome inadmissibility where approval supports family unity and other humanitarian considerations.
This approach allowed us to shift the case from a defensive posture to a forward-looking strategy, focusing on why the client deserved approval despite the technical inadmissibility finding.
We presented a well-documented picture of the client’s life in the United States, including the strength of her marriage and the real-life impact that a denial would have on her U.S. citizen spouse. Particular attention was given to documenting the spouse’s medical and emotional reliance, supported by records and consistent third-party evidence.
We also highlighted the client’s positive background, including her education, professional potential, and clean record, ensuring that the case was presented as a whole—not just defined by a single issue. By aligning the facts with the discretionary factors USCIS considers, the case was
positioned in a way that allowed for a favorable exercise of judgment without relying on a single argument alone.
Despite the initial intent to deny, the case was ultimately approved. From the issuance of the NOID to final approval, the process was completed in just over three months—an efficient resolution given the complexity of the issue.
For our client and her family, this meant stability, peace of mind, and the ability to continue their life together in the United States without fear of separation.
Issues involving prior political affiliations, including CCP membership, can significantly complicate a green card case—especially when raised during the interview stage. Many applicants are unsure how to respond or whether their case can still be approved.
This case shows that even when USCIS raises serious concerns, the outcome is not predetermined. With the right guidance and a well-prepared submission, it is still possible to move forward successfully.
At the Law Offices of Sabrina Li, we focus on handling complex inadmissibility issues, with particular experience in I-601 waivers and cases involving Chinese Communist Party (CCP) membership. These cases are highly technical and discretionary, requiring not only a strong legal foundation but also the ability to present each client’s story in a clear, credible, and compelling way.
CCP-related cases are especially challenging. Once USCIS raises this issue—often through an interview or NOID—the case can quickly shift from routine to high-risk. At that stage, timing, precision, and experience matter. A well-prepared submission can make the difference between denial and approval.
If you are facing a CCP-related issue or have received a NOID on your I-485 application, it is critical to act quickly and strategically. Contact the Law Offices of Sabrina Li at (213) 375-8096 or email info@sabrinali.law. Our team is ready to guide you through the process and help you move forward with confidence.
Phone: (213) 375-8096
Email: info@sabrinali.law
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