I-485 deny lawyer make a mistake (merged)

[guohuimeng 0]

    I came to USA  in the end of 2018,  marriage my husband (he is citizen) in March 2019, and then applied for Permanent Residence(I-485) in April , 2019. i got a interview in oct 2019, got the rejection in 6/5/2020

 

   I received the rejection letter from USCIS state that my green card was rejected due to me being a member of communist party in china, and the letter said  I didn’t summit a waiver of inadmissibility based on my communist Party membership. We were never told to submit a waiver form nor did we even know that this form existed.

    We hired a lawyer for our immigration process, then he sent me the Application from their company (not I-485 form), we filled it out thoroughly. On this form there was nothing stated about being a communist member, so when we saw the I-485 form that was completed by lawyer and in the section that stated were you ever part of the communist party, we know that we must tell the truth.  We believe that this was just a clerical error on lawyer side so we told the lawyer about this error, and he recommended that we acknowledge being in the communist party during the interview to make it right. We have held nothing back from the USCIS, everything we told them is the truth and nothing but the truth.

     but they still deny me. maybe the visa officer thought i lie , but i didn't, why i tell the truth during the interview,  the letter state that i need to summit a 290 to reopen my case if i think the case is error in 30days. how can i fix it?

     my question is :

   1, what i need to do about this case? reopen or summit another application I-485? which one is the better way?

   2, if i summit the I-290 in 30 days, it is a possible that they don't give me chance to reopen, 

  3  if i summit another I-485, it is good idea? 

  4 do i need to summit a waiver? what time i summit i need to summit a waiver? after the reopen?

  5 do i need to leave usa?

  5  if i needn't to leave , i have a business now , i donot know i can continue my business or not.

please help me , i am so worried

Edited June 9, 2020 by Penguin_ie

[Just Paul 4,595]

12 minutes ago, guohuimeng said:

    I came to USA  in the end of 2018,  marriage my husband (he is citizen) in March 2019, and then applied for Permanent Residence(I-485) in April , 2019. i got a interview in oct 2019, got the rejection in 6/5/2020

 

   I received the rejection letter from USCIS state that my green card was rejected due to me being a member of communist party in china, and the letter said  I didn’t summit a waiver of inadmissibility based on my communist Party membership. We were never told to submit a waiver form nor did we even know that this form existed.

    We hired a lawyer for our immigration process, then he sent me the Application from their company (not I-485 form), we filled it out thoroughly. On this form there was nothing stated about being a communist member, so when we saw the I-485 form that was completed by lawyer and in the section that stated were you ever part of the communist party, we know that we must tell the truth.  We believe that this was just a clerical error on lawyer side so we told the lawyer about this error, and he recommended that we acknowledge being in the communist party during the interview to make it right. We have held nothing back from the USCIS, everything we told them is the truth and nothing but the truth.

     but they still deny me. maybe the visa officer thought i lie , but i didn't, why i tell the truth during the interview,  the letter state that i need to summit a 290 to reopen my case if i think the case is error in 30days. how can i fix it?

     my question is :

   1, what i need to do about this case? reopen or summit another application I-485? which one is the better way?

   2, if i summit the I-290 in 30 days, it is a possible that they don't give me chance to reopen, 

  3  if i summit another I-485, it is good idea? 

  4 do i need to summit a waiver? what time i summit i need to summit a waiver? after the reopen?

  5 do i need to leave usa?

  5  if i needn't to leave , i have a business now , i donot know i can continue my business or not.

please help me , i am so worried

On your DS-160 did you disclose your communist party membership?

[Allaboutwaiting 2,503]

You should have disclosed that information when you applied for a visa to enter the country. Did you? 

[guohuimeng 0]

I don't think there is a question in DS-160 about communist.   i just check the DS 160, there is a question :Have you belong to, contributed to, or work for any professional, social ,or charitable organization? i don't know this is about communist ot not , if it is 

[guohuimeng 0]

I  applied  my B-2 Visa in 2016,  the agent help me to do it. 

 

   there is a question :Have you belong to, contributed to, or work for any professional, social ,or charitable organization? i don't know this is about communist ot not 

 

 

[guohuimeng 0]

the letter did not state that i lie in the B-2, they say i am in communist in last five years, i should apply a waiver  but i didn't 

 

 

[guohuimeng 0]

and the lawyer sent me the Application from their company (not I-485 form), there is question "foreign spouse's membership in organization in us or other location in the world including any military service(if any)" i never thought this is about communist , so i did not fill up this question . when i saw the 485, i know that question exactly , so i tell the offer i am communist

 

[igoyougoduke 1,656]

I-485 clearly has the question on page 13.

 

[Allaboutwaiting 2,503]

41 minutes ago, guohuimeng said:

I  applied  my B-2 Visa in 2016,  the agent help me to do it. 

 

   there is a question :Have you belong to, contributed to, or work for any professional, social ,or charitable organization? i don't know this is about communist ot not 

In the current version, there is a specific question on the DS-160:

"Are you a member of or affiliated with the Communist or other totalitarian party?". But that question was not in old versions. 

 

I think you should research online about successful cases.

Whether you leave or stay, reopen or refile, you need the waiver and a VERY GOOD lawyer because your membership makes you inadmissible.

[guohuimeng 0]

the I- 485 has this question , but because the lawyer help me fill up this form, and he did not ask me about this question , till the interview, i know  this question,  and i say yes during the interview. i did not lie

[guohuimeng 0]

i don't know what to do now 

[Allaboutwaiting 2,503]

1 minute ago, guohuimeng said:

i don't know what to do now 

Research as much as you can and find the best lawyer you can afford. 

[guohuimeng 0]

i try to find about the more infromation  the past two days, try to find a lawyer,  but didn't yet,  i will keep trying , i check again about the B-2  form in 2016, there is no question about communist.

 

thank you very much 

[SalishSea 17,827]

5 hours ago, guohuimeng said:

I  applied  my B-2 Visa in 2016,  the agent help me to do it. 

So?  You signed it, you're responsible for the content.

 

You're also responsible for the content of any document a lawyer submits on your behalf.  You also signed that form.

Edited June 9, 2020 by Jorgedig

[SalishSea 17,827]

3 hours ago, guohuimeng said:

i try to find about the more infromation  the past two days, try to find a lawyer,  but didn't yet,  i will keep trying , i check again about the B-2  form in 2016, there is no question about communist.

 

thank you very much 

You need a good lawyer, and lots of money.  Won't be cheap.