I-485 was denied due to past CCP membership; the green card was approved after applying for I-601 Waiver

​We would like to share a successful case of our firm with you. Our client entered the U.S. with a K1 visa. The applicant married her United States citizen husband got shortly after her arrival. She filed her I-485 application for adjustment of status soon after her wedding. 

She received her I-485 interview notice a few months later. The immigration officer asked about her CCP membership during her interview.  The client argued that she was not interested in politics and the ideas of the CCP and had never participated in any political activities. She stopped paying membership fee and renounced her CCP membership about two years ago when she moved to the U.S. 

Her I-485 was then denied due to her CCP membership in the past. On the denial notice, USCIS points out her illegal presence in the U.S., and she should depart within 33 days. Both the client’s husband and child have medical conditions that need the client’s constant care. The client does not wish the leave the U.S., where she already considers as her home. 

This denial brought the client to our office. We told her that the inadmissibility due to her CCP membership could be waived based on her husband and her child’s exceptional hardship of her departure from the United States. The client decided to hire us to fill a second, I-485 application for adjustment of status and an I-601, application for Waiver of Grounds of Inadmissibility. 

The client was called for another I-485 interview, and we waited for more than 2 hours in the waiting room. When we were called into the officer’s room before the interview started, the officer stated that she had already reviewed the I-601 waiver application and she approved it. The interview only last for 30 mins and the officer announced her decision to approve the client’s green card. The client and her family were thrilled. And we were also very happy for her. 

Generally, any immigrant application of an applicant who currently is or was a member or an affiliate of the CCP may be denied. However, if the applicant can show that this membership or affiliation was terminated at least 5 years ago, and it may be considered an exception for approval. In this case, although the client’s membership was terminated, it was less than 5 years from the date of filing. Therefore, she does not qualify for this exception. Fortunately, the law also provides that USCIS may grant a waiver for humanitarian purposes, to ensure family reunification, or in other cases where there is a public interest. 

The following conditions need to be met for a waiver to be granted:

• The person is a parent, spouse, son, daughter, brother, or sister of a U.S. citizen or a spouse, son, or daughter or an LPR
• The person will not pose a threat to the security of the United States.

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​If you, or somebody you know, find yourselves in a similar situation, and you need immediate assistance, our offices are here to help.