Communist Party member’s I-485 adjustment of status applications were denied twice, and he finally obtained a green card after we filed his new application with his second I- 601 waiver application.
We want to share a successful case of our firm with you today. Ten months after our client submitted his I-485 Application to Register Permanent Residence, our client received an interview notice from USCIS. During the interview, the client acknowledged his active Communist Party (CCP) membership. After the interview, our client received a denial notice.
Let's first take a look at the reasons provided in the I-485 denial notice issued by USCIS. The client confirmed that he had been a CCP member within the five years immediately preceding the filing of the green card application. He explained that his membership was voluntary; he claimed that his membership was not necessary by operation of law, or that it was for obtaining employment, food rations, or other essentials of living. The client has been a member of the Communist Party for a decade and has not terminated the membership.
According to US immigration law, the client is not qualified to adjust his status, and USCIS denies his Form I-485.
After receiving the I-485 denial, the client resubmitted an I-485 application with an I-601 waiver application. Unexpectedly, the two applications were denied again two months later. In the I-601 denial letter, the USCIS explained that the client's qualifying relative has only demonstrated ordinary hardship but not extreme hardship. Thus, the second green card application was also denied because of the denial of the I-601 waiver application.
Later, the client realized that this case desperately needed to be handled by a professional lawyer with extensive experience in waiver cases. Therefore, the client made an appointment with the Law Offices of Sabrina Li. Our office conducted a detailed evaluation for the client and provided professional advice.
When assessing whether a qualifying relative will experience extreme hardship, the USCIS officer must consider all factors and consequences in their totality and cumulatively.
There were several difficulties in the case. First, the client's I-485 application had been denied twice, and if it was denied again, the client may be referred to immigration court for removal proceedings. Second, on top of that, the client submitted an I-601 waiver once by himself. If the waiver application submitted a second time is not significantly different from the first one, it would likely be denied again. Third, the client had only one qualifying relative in the United States, and that was his adult child. It is relatively difficult to prove that adult children would face extreme hardships when their parents are forced to leave. However, our office was confident that we could help the client submit a successful I-601 waiver application.
After the consultation, the client believed that our office had made a very convincing analysis, so he did not hesitate and hired our office as his attorney for his I-601 application immediately.
Our office did not disappoint the client. Our team quickly prepared and submitted application materials for the client. In the end, the client's waiver application was approved, and the client successfully obtained the green card.