Retired Diplomat's Adjustment of Status Approved Despite Chinese Communist Party Membership
June 5, 2024

Table of ContenTS

The Law Offices of Sabrina Li proudly announces another successful case. We helped a retired diplomat, previously a long-standing member of the Chinese Communist Party (CCP), secure h his adjustment of status and reunite with his family in the United States. We would like to share their case with you.  

Family Reunification

The client came to our office because he had entered the United States on a tourist visa but was looking for a way to permanently remain in the United States with his wife and son, who were both United States citizens. After a thorough consultation with our office, the client was informed that he could file for an adjustment of status to obtain his green card and remain in the United States.

Prior CCP Membership

The case, however, would be far from easy as our client had been a member of the Chinese Communist Party (“CCP”) for much of his adult life, with his membership spanning over twenty years. This fact was made known to the U.S. government a long time ago due to the client’s prior diplomatic position with the Chinese government. The problem was that under INA §212(a)(3)(D), any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party is inadmissible. Thus, we knew our client could not be granted a green card unless he was approved for a waiver of his inadmissibility. Additionally, our client believed that his prior diplomatic position might also cast doubt on whether he would be a threat to the security of the United States.

Strategic Legal Action

Our team helped file for his adjustment of status application and I-601 waiver application at the same time. In his filings, we detailed how he joined the CCP for financial security as his family’s main source of income, why he remained a CCP member for his entire career, and how his diplomatic life actually reformed his belief system, particularly towards communist ideologies and doctrines. We also established that he had strong family ties to the United States and that his wife and son desperately needed him in the United States due to various medical conditions and their desire to have their family remain together.

The client was delighted when his adjustment of status and I-601 waiver were approved after a year of waiting, even without the need for an interview with USCIS! The client is now happily a green card holder, finally reunited with his loved ones.

I-601 Waiver

The Immigration and Nationality Act (INA) allows the Secretary of Homeland Security to waive the inadmissibility based on prior membership in a totalitarian party for humanitarian reasons, to maintain family unity, or when it is in the public interest, if  

  • The person is a parent, spouse, son, daughter, brother, or sister of a U.S. citizen, or is a spouse, son, or daughter of an LPR;
  • The person is not a threat to the security of the United States; and
  • The person warrants a favorable exercise of discretion.  

When considering whether or not a person is a threat to the security of the United States, USCIS considers the following non-exhaustive list of factors:

  • Espionage;
  • Terrorism;
  • Subversion;
  • Public safety, including criminal history and gang activity;
  • Risks to intellectual property;
  • Risks to information security, including disinformation campaigns;
  • Risks to election security; and
  • Risks to public health.

The Law Offices of Sabrina Li: Zealously Fighting for Your I-601 Waiver Application

Sabrina Li, our founding attorney, is certified by the State Bar of California as a specialist in immigration and nationality law. Alongside her excellent team of legal professionals, they possess extensive experience with immigration waivers, including the I-601 waiver for individuals who are or have been members of or affiliated with the Communist or any other totalitarian party.

If you or someone you know is facing a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Contact us today at (213) 375-8096 or email us at info@sabrinali.law. We are fully committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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