Successfully Reversed Previous Denial of I-485 Green Card Application for past member of Communist Party (January 2024)
In a January 2024 decision, the USCIS New York Field Office approved our client’s I-485 green card application approximately one week after the I-485 interview, despite a previous denial.
Our client is the beneficiary/spouse of an approved family-based petition. During the previous I-485 Adjustment of Status proceeding in 2023, our client was found inadmissible because they were a former member of the Chinese Communist Party. USCIS denied our client's I-485 application. The former attorney prepared the I-290B Notice of Appeal or Motion with USCIS, but it was also denied.
As our client was at risk of deportation, they contacted our office seeking assistance with the denial. Attorney Nguyen D. Luu reviewed the client’s case file and the factual circumstances when they joined the Communist Party. Attorney Nguyen Luu determined that our client is qualified for the exceptions enumerated in the Immigration and Nationality Act. Furthermore, our client is also qualified for the I-601 Waiver.
Our office prepared a substantive memorandum of law and extensive supporting documents to establish that our client is qualified for the exceptions; hence, they should not have been found inadmissible. As a precaution, we also submitted an I-601 Waiver application with substantial evidence and legal arguments. Attorney Nguyen D. Luu also conducted mock interview with our client to prepare them for the I-485 interview.
Just one week after our client's interview at USCIS for their I-485 application filed by our office, they received an online notice that their I-485 application was approved and the green card is being produced. Our client could remain united with their family and is waiting the green card in the mail.
See our successes:
- Obtained Immigrant Visa for Past Member of Communist Party Without Filing I-601 Waiver (July 2020)
- I-601 Waiver of Communist Party Member Inadmissibility Approved within 7 weeks (March 2020)
- USCIS Request for an I-601 Waiver of Communist Party Member Inadmissibility Withdrawn Without Filing I-290B form- Client Received Green Card (June 2019)
- Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved (Oct 2020)
- Obtained Green Card for Past Member of Communist Party Without Filing an I-601 Waiver Application (March 2021)
- Can I-601 Waiver be Granted on the Basis of "Public Interest" Alone? Yes, it could. (April 2021)
- Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 weeks (November 2021)
- Success Story: I-601 Waiver of China Communist Party Member Inadmissibility Approved within 3 days (May 2022)
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