Successfully Reversed Immigrant Visa Denial Without Filing I-601 Waiver for Former Member of Communist Party (November 2025)

December 22, 2025

In November 2025, our office successfully reversed an immigrant visa denial and rendered the U.S. Consulate’s request for an I-601 Waiver moot for a client applying for an immigrant visa. Our client was the beneficiary of an approved family based immigrant petition based on a parent child relationship.


Our client had previously joined the Communist Party as a mandatory condition of employment with a state owned enterprise. The client’s membership spanned more than twenty years during their employment. The client had no ideological beliefs, political convictions, or leadership involvement in the Party and remained only a passive member. After retirement, the client stopped paying membership dues and no longer attended any meetings or activities associated with the Party. Unfortunately, the client did not obtain formal documentation certifying termination of Party membership.


The client attended an immigrant visa interview at the U.S. Consulate. Following the interview, the Consulate requested detailed written responses regarding the client’s past Communist Party membership. At that time, the client was not represented by an attorney. After submitting responses to the consular officer, the client was issued a visa denial pursuant to INA section 212(a)(3)(D). The U.S. Consulate further requested that the client apply for an I-601 Waiver of Inadmissibility with USCIS.


Under U.S. immigration law, prior membership in a totalitarian party such as the Communist Party may result in a finding of inadmissibility, often leading to visa refusal and the requirement to file an I-601 Waiver. These waiver applications frequently involve lengthy processing times and prolonged family separation. Based on our experience, I-601 waivers for former Communist Party members can take at least one year to process, and USCIS publicly indicates that processing may take more than three years.


Due to the anticipated delay, the client contacted our office for legal assistance. Attorney Nguyen D. Luu and our legal team conducted a thorough review of the case history. Through strategic legal advocacy, carefully crafted legal arguments, and comprehensive supporting evidence, we demonstrated that the client qualified for statutory exceptions under the Immigration and Nationality Act.


As a result of our advocacy, including direct communication with the U.S. Consulate and multiple follow ups, the Consulate withdrew the visa denial, determined that an I-601 Waiver was no longer required, and cleared the client for immigrant visa issuance.


We are pleased to have successfully assisted our client in overcoming this complex legal issue and enabling family reunification in the United States without unnecessary delay.

 

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