Two I-601 Waivers of Communist Party Member Inadmissibility Approved for Married Couple Within 5 Weeks of NOID Response (September 2026)

October 7, 2026

In a September 2026 decision, USCIS approved the I-601 Applications for Waiver of Grounds of Inadmissibility for both of our clients, a married couple, just five weeks after our office responded to their Notices of Intent to Deny (NOID).


Our clients are the principal beneficiary and derivative spouse of an approved employment based I-140 petition. Both are accomplished researchers and university faculty members who have lived in the United States for over a decade and are raising  U.S. citizen children. After their I-485 Adjustment of Status interviews in July 2026, USCIS issued nearly identical NOIDs to each spouse, finding them inadmissible under INA § 212(a)(3)(D) because they were former members of the Chinese Communist Party while students in China.


Our clients contacted our office after receiving the NOIDs. Attorney Nguyen D. Luu reviewed the NOIDs, the case files, and the circumstances under which each client joined the Party. Attorney Nguyen D. Luu determined that the NOIDs contained material errors, including applying an improperly heightened standard of proof, failing to consider the exceptions for past membership and non meaningful association, misstating the standard for involuntary association, and relying on generalized security concerns rather than any individualized evidence. Furthermore, our clients qualified for the I-601 Waiver, which for this ground of inadmissibility does not require a showing of extreme hardship.


Our office prepared two substantive NOID responses with memoranda of law and extensive supporting evidence, including detailed client declarations, the Communist Party's own constitution showing automatic termination of membership, favorable legal authorities, evidence of our clients' professional contributions to the U.S. public interest, etc. While not conceding inadmissibility, we also filed an I-601 Waiver application for each spouse as a precaution to avoid further delay.


USCIS approved both I-601 Waivers on the same day, approximately five weeks after receiving our responses. Our clients can now move forward with their green card applications and remain united with their children in the United States.



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