In a June 2023 decision, USCIS approved our client’s I-601 Waiver Application two months after filing. Our client is the derivative spousal beneficiary of an approved employment-based EB-1 petition. At her I-485 Adjustment of Status interview, our client was found inadmissible as USCIS claimed she was previously a member of the Chinese Communist Party. While USCIS approved her husband’s U.S. legal permanent resident case, USCIS issued a Request for Evidence (RFE) requesting an I-601 Waiver to waive her inadmissibility.
We diligently reviewed our client’s history regarding her alleged Communist Party membership and argued in the waiver application that the client qualified for the exceptions enumerated in the Immigration and Nationality Act. We also raised several hardship factors in support of the grant of the waiver if USCIS were to find she did not prevail on an exception argument.
We worked efficiently and expeditiously to prepare a substantive I-601 waiver request including both factual information and legal arguments and extensive supporting evidence, including detailed declarations to establish our client’s eligibility for the waiver. The I-601 waiver was filed in mid-April 2023 and was approved in mid-June 2023. Our client will now be granted U.S. legal permanent residence and will be able to remain in the United States with her spouse, a U.S. legal permanent resident, and her child, a U.S. citizen.
*Past results are not guaranteed.