Obtained Immigrant Visa for Past Member of Vietnam Communist Party Without Filing I-601 Waiver (July 2020)

July 22, 2020

In July 2020, our office successfully assisted a client obtain an immigrant visa without filing of an I-601 Waiver Application. As the beneficiary of an approved family-based petition based on marriage, client was seeking an immigrant visa. Client previously joined Vietnam Communist Party as demanded by her employer, a state-owned enterprise. Our client has no belief or convictions of communism.

Pursuant to Immigration laws and regulations, past membership of a totalitarian party, such as the Communist Party, results in an applicant being inadmissible to the U.S. and ineligible to receive permanent residency. US Consulates routinely make visa denials and request that the applicant obtain an I-601 Waiver approval with USCIS, in order to determine eligibility for issuance of the immigrant visa. This denial results in additional delays to clients seeking to reunify with their loved ones in the United States.

We are pleased that we were able to persuade US Consular Officer that our client is not inadmissible because she is qualified for the exceptions enumerated in the Immigration and Nationality Act to overcome the presumption of inadmissibility. Therefore, Consular Officer issued a visa approval and did not request our client to first obtaining an I-601 Waiver.

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