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回答: 前麵找了律師，讓他們申請I-160豁免，還叫他們別交160申請費。由資深海豚於 2021-07-24 10:48:21

結果被拒了。

-What do you mean 結果被拒了? Do you mean you filed I-601 for waiver and USCIS denied the I-601?

現在律師又說不要申請 I-290B. 因為處理時間太長，說幫他們重新file 485.，再收幾千。請問她說的有道理嗎？

-If you filed I-601 waiver and it was denied, then th case is complicate. Also, you may have missed the deadline to file I-290B which has to be filed within 30 days after the I-485 was denied.

If no the case above I mentioned, i.e. she is sitll qualified for I-290B filing, I would suggest her to file I-290B Motion to reopen. Provide the justisfication why she joined the Party (e.g. employment benefits, promotion needed, etc.), what activities she participated in (such as routine Party gropu meetings, paid membership fees, etc.), when you stopped participated in the Party activties (such as not paid the membership fee, etc.), when you quitted the Party (if any, had better provide the proof such as a verification from the Party group leader or Branch Secretary). Motion to reopen takes much less time for process than new I-485 filing. Motion will be handled by the Supervisor in the same USCIS Office where your case decision was made.

If she files I-290B for appeal, that will take longer time (normally one to two years, case by case), but appeal case is dealt with by Appeal Administrative Office (AAO) which is higher rank than USCIS.

If the I-290B fails, then she can file I-485 again. By the way, her unlawful presence will not affect her I-485 approval in the future. So, she does not need to leave US unless she is deported by the immigrant court/judge. USCIS has no right to deport her.

重新申請基於什麽呢？

-No difference from the first filing.

朋友太太兩年前來的美國，差不多同時不是黨員了。這個理由可以嗎？？