At the Law Offices of Sabrina Li, we are proud to share another successful case in which our client overcame a Notice of Intent to Deny (NOID) following her I-485 adjustment of status interview, stemming from concerns about her past membership in the Chinese Communist Party (CCP). Through our prompt action and strategic legal advocacy, our client’s I-601 waiver was approved within three months—paving the way for her green card approval.
Our client sought our assistance after receiving a NOID from USCIS following her I-485 adjustment of status interview. During the interview, the officer questioned her extensively about her previous CCP membership, including her reasons for joining, the activities she participated in, and whether her membership was still active.
The client explained that she had stopped paying membership fees after retiring nearly ten years ago and believed her membership had automatically lapsed at that time. However, her prior counsel had instructed her to submit a formal withdrawal letter to the CCP in 2023 before filing her I-485 application in the United States. This letter, intended to clarify her situation, instead created confusion for the adjudicating officer, who questioned the actual end date of her membership.
As a result, the officer issued a NOID, providing only 30 days for the client to respond and address the inconsistency.
After carefully reviewing her case, our firm determined that submitting a rebuttal alone would not be enough to resolve the issue.
First, the client could not provide official proof showing exactly when her CCP membership ended. Without that evidence, USCIS could easily deny her application for failing to meet her burden of proof.
Moreover, the stakes were exceptionally high. The client’s I-94 had already expired since she remained in the United States to pursue adjustment of status. A denial of the I-485 could have led to her being placed in removal proceedings, where she would be ineligible to refile the adjustment application before the immigration judge because her petition was based on a preference category I-130. If forced to depart and process her immigrant visa abroad, she could have faced years of delay and separation from her elderly parents.
To protect her immigration status and avoid those risks, our legal team decided to file an I-601 waiver under INA §212(a)(3)(D)(iv) — a legal process that allows certain applicants to overcome inadmissibility due to past CCP membership.
We built a strong waiver package centered on the hardship her U.S. citizen father and lawful permanent resident mother—both in their 90s—would face if she were denied permanent residence. The client is their sole caregiver, providing round-the-clock support for both parents, who suffer from serious health conditions.
Our team compiled comprehensive medical documentation, heartfelt affidavits from family members, and a detailed legal brief outlining the importance of family unity and the humanitarian factors that warranted approval of the waiver.
Thanks to our careful preparation and persuasive presentation.USCIS approved the I-601 waiver in just three months, recognizing the strong humanitarian factors and compelling evidence we presented. With the waiver granted, our client is now able to remain in the United States and continue caring for her elderly parents who depend on her daily support.
This case exemplifies how clear strategy, timely action, and compassionate advocacy can transform a challenging immigration situation into a successful outcome. At the Law Offices of Sabrina Li, we specialize in addressing complex inadmissibility issues, including those involving CCP membership, and we are committed to protecting our clients’ rights and families.
If you or your loved one is facing similar concerns related to CCP membership or inadmissibility, contact us today at (213) 375-8096 or email info@sabrinali.law. Our experienced legal team stands ready to guide you toward a positive resolution.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
