Attorney Successfully Persuaded USCIS to Withdraw Its Request for an I-601 Waiver of Communist Party Member Inadmissibility. Client Received her Green Card Approval Notice (June 2019)

Success Story: Attorney Successfully Persuaded USCIS to Withdraw Its Request for an I-601 Waiver of Communist Party Member Inadmissibility. Client Received her Green Card Approval Notice (June 2019)

 In a June 2019 decision, USCIS’s San Francisco Field Office withdrew its request for an I-601 Waiver Application and approved client’s I-485 green card application just approximately 2 weeks after the attorney submitted the request.

Our client is the derivative beneficiary of an approved employment-based petition. At the I-485 Adjustment of Status interview, our client was found inadmissible because she was previously a member of the Chinese Communist Party. USCIS issued a Request for Evidence requesting an I-601Waiver to waive her inadmissibility.

Attorney Nguyen D. Luu reviewed our client’s case file and the factual circumstances when she joined the Communist Party. Attorney Nguyen Luu determined that our client is qualified for the exceptions enumerated in the Immigration and Nationality Act.

Our office prepared a substantive memorandum of law and extensive supporting documents to establish that our client is qualified for the exceptions, hence she should have not to be found inadmissible. We submitted a request to USCIS to reconsider its position and withdraw its Request for Evidence of the I-601 Waiver.

Only 15 days after our submission of the request, USCIS withdrew its Request for Evidence of the I-601 Waiver. Our client received her notice in the mail that her I-485 was approved. She is now currently awaiting the green card in the mail.

 

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