I-601 Waiver of Communist Party Member Inadmissibility Approved Within 10 Weeks After Two Prior I-485 Denials (May 2026)

October 7, 2026

In May 2026, USCIS approved our client's I-601 Application for Waiver of Grounds of Inadmissibility for past membership in the Chinese Communist Party, approximately ten weeks after our office filed it. The approval came after our client's green card application had been denied twice while represented by previous counsel.


Our client is the spouse and derivative beneficiary of an employment based immigrant petition. In 2025, the USCIS New York Field Office denied our client's I-485 Adjustment of Status application, finding our client inadmissible as a former member of the Chinese Communist Party and claiming the membership was voluntary and based on belief in the Party's ideals. Previous counsel filed an I-290B Motion to Reopen, which USCIS granted, but USCIS then issued a Request for Evidence demanding official records from China proving exactly when our client's memberships began and ended. When previous counsel could not produce such records, USCIS denied the I-485 again.

As our client's green card process had stalled for nearly two years, they contacted our office seeking assistance. Attorney Nguyen D. Luu reviewed the client's case file and the circumstances under which they joined the Party. Attorney Nguyen D. Luu determined that our client qualified for the exceptions under the Immigration and Nationality Act, since the membership was past, non meaningful, and the result of social and academic pressure rather than political belief. Furthermore, our client also qualified for the I-601 Waiver, which for this ground does not require a showing of extreme hardship.


Our office prepared a substantive memorandum of law and extensive supporting documents to establish that our client qualified for the exceptions and should not have been found inadmissible. As a precaution, and to avoid any further delay, we also submitted an I-601 Waiver application with substantial evidence of family unity, our client's professional contributions, and favorable AAO decisions.


Just ten weeks after receiving our filing, USCIS approved the I-601 Waiver. Our client's I-485 was subsequently approved, and our client can now remain united with their spouse in the United States as a permanent resident.


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