The Law Offices of Sabrina Li is pleased to share a recent success story where we helped a client overcome the threat of green card denial due to past Communist Party membership. Through strategic legal action, we secured the approval of her I-601 waiver, allowing her to stay united with her family in the United States. We would like to share their story with you.
The client sought our assistance after receiving a Notice of Intent to Deny (NOID) her green card application, which had been filed by her U.S. citizen son. In her green card application, she truthfully disclosed that she had been a member of the Chinese Communist Party (CCP) since 1986, until shortly before her immigration to the United States. During her interview, USCIS examined her past membership and noted that it had ended within the five-year period immediately preceding the filing of her I-485. Shortly thereafter, USCIS issued the NOID, highlighting that her membership was voluntary, not required by law, nor necessary for securing employment, food rations, or other basic necessities. Moreover, she joined the Communist Party or a totalitarian organization because she genuinely believed in the ideals and governance system of that Party.
Generally, any immigrant who is or has been a member of, or associated with, the Communist Party or any other totalitarian party (or their subdivisions or affiliates), whether domestic or foreign, is considered inadmissible. This inadmissibility applies to noncitizens seeking immigrant status, including those applying for adjustment of status to become a lawful permanent resident (LPR) within the United States, applicants for immigrant visas at U.S. embassies or consulates abroad, or those seeking admission as immigrants at U.S. ports of entry.
This inadmissibility criterion extends to both current and past memberships or affiliations with such parties. However, there are specific exceptions and waivers available for this ground of inadmissibility.
To combat the client’s inadmissibility, our firm immediately began working on an I-601 waiver in response to the NOID and the tight deadline given by USCIS. We demonstrated to USCIS that our client had strong family ties to the United States, as she and her son were each other’s only family. We also established that our client would be persecuted in her home country because of actions taken since entering the United States.
The client was in raptures when her I-601 waiver and green card application were approved in less than a month after our submission!
A discretionary waiver is available for certain family members of U.S. citizens or lawful permanent residents (LPRs).
Under the Immigration and Nationality Act (INA), the Secretary of Homeland Security has the authority to waive this ground of inadmissibility for humanitarian reasons, to maintain family unity, or when it serves the public interest, provided that:
When assessing whether an individual poses a security threat to the United States, USCIS considers a non-exhaustive list of factors, including:
To request this waiver, the individual must submit an Application for Waiver of Grounds of Inadmissibility (Form I-601).
Sabrina Li, our founding attorney, is recognized by the State Bar of California as a specialist in immigration and nationality law. Under her leadership, our team of legal experts has extensive experience in handling cases involving past CCP membership, whether it involves challenging findings, arguing exceptions, or applying for waivers.
If you or someone you know is facing a similar situation and needs the expertise of skilled professionals, the Law Offices of Sabrina Li is here to help. Reach out to us today at (213) 375-8096 or via email at info@sabrinali.law. Don’t hesitate to contact us—we’re here to support you.
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.
