USCIS Request for an I-601 Waiver of Communist Party Member Inadmissibility Withdrawn Without Filing I-290B form- Client Received Green Card

June 30, 2019

In a June 2019 decision, USCIS’s San Francisco Field Office withdrew its request for an I-601 Waiver Application and approved client’s I-485 green card application just approximately 2 weeks after the attorney submitted the request.


Our client is the derivative beneficiary of an approved employment-based petition. At the I-485 Adjustment of Status interview, our client was found inadmissible because she was previously a member of the Chinese Communist Party. USCIS issued a Request for Evidence requesting an I-601 Waiver to waive her inadmissibility.


Attorney Nguyen D. Luu reviewed our client’s case file and the factual circumstances when she joined the Communist Party. Attorney Nguyen Luu determined that our client is qualified for the exceptions enumerated in the Immigration and Nationality Act.


Our office prepared a substantive memorandum of law and extensive supporting documents to establish that our client is qualified for the exceptions, hence she should have not been found inadmissible.  We submitted a request to USCIS to reconsider its position and withdraw its Request for Evidence of the I-601 Waiver via a direct communication with the Section Chief. We did not file a Motion to Reopen, form I-290B. 


Only 15 days after our submission of the request, USCIS withdrew its Request for Evidence of the I-601 Waiver. Our client received an online notice  that her I-485 application was approved. She is now currently awaiting the green card in the mail.


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