Success Story: I-485 Application Approved within 14 days after Responding to RFE for Client That Was a Past Member of Chinese Communist Party (July 2023)

August 3, 2023

In a decision made in July 2023, the USCIS San Jose Field Office approved our client's I-485 application and issued the green card approximately 14 days after the firm submitted the response to USCIS’s Request for Evidence (“RFE”)

Our client is the beneficiary of an approved employment-based petition. Without requesting an interview, the USCIS San Jose Field Office issued a Request for Evidence that requested documents and information regarding our client’s past membership with the China Communist Party (“CCP”).

Attorney Nguyen D. Luu meticulously reviewed the client’s case file and the factual circumstances surrounding their Communist Party membership. We determined that our client qualified for the exceptions outlined in the Immigration and Nationality Act. Working swiftly, our legal team prepared a substantive memorandum of law along with extensive supporting documents to establish the client’s eligibility to the exceptions. As a result, the client should not have been deemed inadmissible. Despite lacking written proof of the termination of Party membership, this does not hinder our client from meeting the eligibility criteria for the 5-year past membership exception. Additionally, our client was also eligible for the exceptions related to non-meaningful and involuntary membership. Consequently, our client did not need to file the I-601 Waiver application.

Our firm acted aggressively to expedite our filing directly to the USCIS in order to prompt a decision. Merely 14 days after our submission, the USCIS approved our I-485 application and issued her green card.

The firm is highly pleased to have achieved a favorable resolution for our client in a remarkably short period of time.

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