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I am no Terrorist, any advice?

Discussion in 'Political Asylum in USA' started by saxo, May 20, 2009.

  1. saxo

    saxo Registered Users (C)

    Hello all,

    I was granted Asylum and in time filed the I-485 with receipt date February of 2006. I have been asked to provide fingerprints twice after that, which I did. I have called, visited and written letters to USCIS many times with the same response: "Case received and pending" or "Waiting for Background check".

    Finally, last month (April, 2009) I received a letter from USCIS, in response to an inquiry, saying that my application was on hold because I "appear to be inadmissible under section 212(a)(3)(B) of the INA". I looked it up: Terrosrist Activities! :eek: WOW Needless to say I'm no terrorist nor have I ever been remotely connected to any terrorist group.

    I am preparing a G-639 (FOIA) to try to get further details regarding the hold on my application. Beyond that, I'm all ears to any advice and suggestions.

    Thanks in advance.
  2. jonny1

    jonny1 Registered Users (C)

    any membership in any group or parties in any countries like PAKISTAN, IRAN, IRAQ, SYRIA, KENYA, PALESTINE, ERITERIA, SOMALI?

    There countries have high rate of ANTI USA.

    Where r you from?
  3. saxo

    saxo Registered Users (C)

    I'm from Colombia, never been to any of those countries.

    My closest relationship with a terrorist group is that my father was kidnapped by the FARC, which is considered a terrorist group. Based on this fact I was granted asylum in the US and the rest of my family in Canada.
  4. jonny1

    jonny1 Registered Users (C)

    ok then dont worry,
  5. seetumail

    seetumail Registered Users (C)

    hi i am a newbie to this forum
  6. rickyjkh

    rickyjkh Registered Users (C)

    Hi Saxo, I exactly in the same situation. I just found out that I fall into 212(a)(3)(B). I have not do anything to support terrorist at all. I have no idea why they put me into this catergory. If anybody have any idea please advise. Is this a serious condition or something we can deal with?
  7. Raziel

    Raziel Registered Users (C)

    so what will happen? :( appeal?
  8. dell1234

    dell1234 New Member

    Hi everyone,

    I just got a similar email 2 days ago when I called to inquire ( for the 3rd time) why my case was prolonged.
    Asylum approved 03/04, I am from Ethiopia and have no relation to any terrorist org.
    Applied for GC 07/07
    Nothing since then .... until 2 days ago when I got the following email.
    "The status of this service request is:

    Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."

    Don't know what to do.
  9. thankful

    thankful Registered Users (C)

    A large number of people are in this situation.
  10. rickyjkh

    rickyjkh Registered Users (C)

    Is there anything we can do about this problem? I read the law it said if we have a clear and covincing evidence to prove we are not related to the terorrist our file will get approved. Is anyone out there have done this yet? How can we solve the problem if USCIS doesn't release any informatio about what we have done related to terorrist activites. I already contact the lawyer, she tries to contact USCIS about my case however. USCIS said this is a national security, they can't release any information to us.
    My lawyer and I try to figure out what could cause this problem. I have no idea what went wrong with my case because I am not done anything related to terorrist at all. please anybody out there have any suggestion or any similar experience you can share. I will be appreciated. saxo and dell1234 please keep us update about your case.
  11. GEM1234

    GEM1234 Registered Users (C)

    Hello ppl:

    I brought a mandamus lawsuit against USCIS to get my case adjudicated and was told that i am in the same boat and there in nothing to be done other than wait unless i want to get a denial. My case is now in the "inactive" docket at the federal judge until somethings happens.
    Here are some facts.
    1- The indmissibility they are referring to is "the material support bar" to designated(Tier I & II) and Undesignated(Tier III) organizations.
    2- The same reasons used for giving you asylum could be taken into consideration to make you inadmissible. Say for example, a refugee who has beed raped by a rebel group(either in Tier I,II or III) that got her asylum by stating this fact would be found inadmissible for providing "material support"...i am not making this up...check out some of the materials at "regugee council USA site" In fact the example may be something that is connected to FARC ....
    3- The DHS secretary has to make an exemption(for Tier III undesignated organizations) into which my case falls into....for the case to be reviewed and decided

    At this point there is nothing we can do and only hope that DHS will give a waiver....there are about 5000-6000 such cases....even a lawsuit would not get you anything....that is the hard lesson i learned after spending a lot of money...as the only thing i was getting out of USCIS to my inquiries through congressman,ombudsman,infopass,SRs is their boilerplate response "extended review...bla...bla...bla..."

    Finally, If any of the groups you have claimed membership in or supported when filing your asylum case(no matter how small the suppoirt - like attending a fundraising dinner,giving a glass of water to your relative etc) is involved in any kind of armed struggle with whoever dictator is in power or has formed any other coalition with such groups would automatically put you in the same category even though you or your group have no connection to any negative activity against the US.

    For the record, I am from Ethiopia and has no connection to any group...but apparently the group I am a member of(that is NOT involved in anything) has given some money to some other group or coalition - i don't even know who or what but it made my case fall into this inadmissibility bar.

    I thought i would let everybody know this so that at least you wouldn't spend a lot of money on a lawsuit that would not get you anything than what you already got....it took me two years, $$$$, and too much time to get the information you have now....

    I am glad to hear if there are any other options that i don't know about ...to get our cases resolved...

    Also check out the memo....
  12. koteya

    koteya Registered Users (C)

    Any news
  13. koteya

    koteya Registered Users (C)

    I just got a similar email today when I placed a service request !!! cant we prove that they did a mistake ?
  14. Raziel

    Raziel Registered Users (C)

    wow... that is strange... so how you passed the asylum fingerprint and name check?

    I mean in the first year where you applied for asylum.. you were fingerprinted and a name check has been done... and got the final approval... and now after a year you are considered a terrorist? it is surely a mistake
  15. koteya

    koteya Registered Users (C)

    it has nothing to do with me in person it has to do with my case i really dont know but to what i was reading this is what i understood .

    but really i need some help
  16. koteya

    koteya Registered Users (C)

    And read what GEM1234 wrote
  17. God_is_Green

    God_is_Green Registered Users (C)

    Things are getting interesting about the material support.

    If some persecutor forcefully takes away something with the victim (let's say watch, mobile phone, wallet, money, etc).
    Do these immigration guys ....define that scenario as a material support ??
  18. koteya

    koteya Registered Users (C)

  19. koteya

    koteya Registered Users (C)

    what did you do please let me know
  20. koteya

    koteya Registered Users (C)

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