Waiver of Chinese Communist Party Membership Granted!
December 28, 2023

Table of ContenTS

The Law Offices of Sabrina Li has successfully assisted another client, and we are eager to share their story with you.

Our client approached us after marrying her United States citizen spouse. During our consultation, we discovered that she had joined the Chinese Communist Party (CCP) while attending college in China. Although she had submitted a request to end her membership with CCP, her party membership was not officially terminated by the party until 2021.

Our knowledgeable team immediately knew that our client would be found inadmissible under INA §212(a)(3)(D). 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. This meant that her adjustment of status might be jeopardized due to her past CCP membership.

But with our team's extensive knowledge in this area, all hope was not lost. We guided our client in applying for an adjustment of status via her U.S. citizen spouse. Concurrently, we filed an I-601 waiver for her inadmissibility. We established that our client had strong ties to the United States, would suffer greatly in her home country, and was an asset to the nation as a whole due to her work. We also established that our client deserved to be awarded adjustment of status due to her good character.

Our client later had an adjustment of status interview with USCIS. We meticulously prepared her for this pivotal step. Our hard work bore fruit when her application was approved a few weeks after her I-485 interview, making her a Lawful Permanent Resident!

An applicant may be excepted from inadmissibility under INA 212(a)(3)(D) if the immigrant can establish that:

  • His or her membership in or affiliation with CCP was terminated at least 5 years before the date of receipt of the I-485 application; and
  • He or she is not a threat to the security of the United States.

If the USCIS finds that a meaningful membership or affiliation in CCP exists, and the applicant does not qualify for any exceptions, USCIS will find the applicant inadmissible under INA 212(a)(3)(D) for being or having been a member of the Communist or any other totalitarian party. However, a waiver might be available.

To qualify for a waiver for a prior 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 info@sabrinali.law. 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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