I am no Terrorist, any advice?

[The.Walker]

Guess it was silly of me not to check this thread.

Like I stated in another thread that I started, the person that I know personally received the same email.

Could someone tell me if the guy is facing deportation or is it likely that they are only going to reject his GC application?

A

 

[koteya]

Guess it was silly of me not to check this thread.

Like I stated in another thread that I started, the person that I know personally received the same email.

Could someone tell me if the guy is facing deportation or is it likely that they are only going to reject his GC application?

Also, that person is planning to go back to his COP for a week long visit ( sneaking via his neighboring country ). Should he not leave the country at all?

they cant reject cases anymore only on hold and they need to reopen all cases rehected after feb 07 and its not a good idea to leave .

 

[The.Walker]

they cant reject cases anymore only on hold and they need to reopen all cases rehected after feb 07 and its not a good idea to leave .

I don't mean to question your knowledge but how can you be sure that they can't reject cases?

Also, would you think it'd be a good idea to hire an attorney at this point? Since this is the matter of national security, I doubt the Homeland security will reveal any hunches or share any information.

 

[koteya]

I don't mean to question your knowledge but how can you be sure that they can't reject cases?

Also, would you think it'd be a good idea to hire an attorney at this point? Since this is the matter of national security, I doubt the Homeland security will reveal any hunches or share any information.

Read please

 

[koteya]

I don't mean to question your knowledge but how can you be sure that they can't reject cases?

Also, would you think it'd be a good idea to hire an attorney at this point? Since this is the matter of national security, I doubt the Homeland security will reveal any hunches or share any information.

 

[God_is_Green]

Is this thread getting boring?.... or this matter has been discussed before?... then why are our old forum members not responding?.........
.... may be i am loosing patience!

 

[The.Walker]

Could someone please care to explain this?

http://en.wikipedia.org/wiki/United_States_Waiver_of_Inadmissibility

 

[The.Walker]

http://en.wikipedia.org/wiki/United_States_Waiver_of_Inadmissibility

Could someone please care to explain this?

 

[miaj]

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....

I'm also from Ethiopia. My case has been pending for 11 years. I came in 07/1998. Was granted asylum in 1999. Applied for green card in 2000. Had my biometrics taken 7 times (2000-2008). Submitted medical in 2005. And now this - I got the e-mail on Tuesday (07/28/09).

I do not know what to say or do. Nothing on my I-485 indicated about me being involved with any terrorist organization or any organization for that matter.

- Saxo said preparing G-639 (FOIA) - I don't know what that is.
- Koteya on another discussion said he found out which tier they put him into. How do I find that.
- I contacted a lawyer who said there's nothing that can be done at this point.
- People I found on different forums suggest that I write letter to President Obama, my state's senators. And I have.

What shall I do?

 

[newton1]

I am wandering if it is possible to take a collective action (like a class lawsuit) so that these cases will be processed.

Thank you

 

[miaj]

I am wandering if it is possible to take a collective action (like a class lawsuit) so that these cases will be processed.

Thank you

I do not think lawsuit is a good I idea. This is a national security issue.

Maybe if we find a realistic way to contact all people who are wrongly put under that category and sign a petition and send it to President Obama.
We can post on Youtube, Facebook, Twitter...and create a Web site, blog etc. We can go to our community and find people who are in the same situation. Create a Web site......Any suggestion please.

 

[miaj]

Anything new on this topic? Please share what you know and what steps you've taken.
Thank you.

 

[koteya]

Anything new on this topic? Please share what you know and what steps you've taken.
Thank you.

no one will deport you dont worry, to find out why you fall under the bar go back to your asylum case and read it ....... then check your tier and check if you can apply for a waiver

 

[The.Walker]

no one will deport you dont worry, to find out why you fall under the bar go back to your asylum case and read it ....... then check your tier and check if you can apply for a waiver

What waiver is this that we're talking about?

 

[The.Walker]

no one will deport you dont worry, to find out why you fall under the bar go back to your asylum case and read it ....... then check your tier and check if you can apply for a waiver

What kinda tier does 208(c)(2) fall under?

 

[Selam_all]

It is scary, but you are not alone.

I got my asylum in 2003. Applied for Green Card in 2004. My filed was transferred in 2005 to another service center. I have been calling them and they always tell me ' We will review you case and if you don't hear from us within 60 days, don't hesitate to call us'. Finally, I was upset and asked the USCIS to expedite my case and I got the bad news: you are on hold because you appear to be inadmissible under section 212(a)(3)(B).

The USCIS know that this doesn't have any merit: we are not terrorists. It just happen to be members or previous members of opposition groups. Now it you file your asylum or refugee based on membership to a particular opposition organizations, you are out of lack. According to the law, you are inadmissible. Most of these opposition organizations fall under Tier III terrorist organizations. There is no list of these organizations that is public, to my knowledge. It could be just an internal memo.

The USCIS is not the enemy here. They may not tell you exactly what you we did...we did nothing...we are not terrorists....we are just members or former members of opposition organizations...most of these organizations are pro-democracy, some of them even supported by US government!

The problem is how the law was written. The definition of Tier III organizations (non-designated). We will be on hold until USCIS gets direction how to exempt these organizations. Till then, lets relax! As asylees we have rights, we can work and we are lucky to be in this country. As long as we are law abiding citizens, we will be fine.

One thing we can do is get organized and petition the Attorney General, The Secretary of DHS, and the White House to act quickly and release a memorandum of exemption.

I would like to thank you the members for their insightful opinions. Thank you GEM1234, I was about to spend lots of money to litigate my case.

 

[newton1]

I second your opinion. How do we go forward petitioning the AG and DHS?

Thank you

 

[asylee_1999]

Hi guys,
I am in the same 212a3b boat, with approve asylum in1999 applied for I-485 in 2005, I agree with Salem all, that we have to do something, example; send to congressman and the senators, DHS, Obama, because we are not terrorist or at least in my case. And it seems that there is a big misunderstanding and abuse of this statue 212.

 

[Selam_all]

The USCIS has exemption checklist. Are we on the list?

1. Adjustment of status to that of permanent resident is discretionary!
2. We can't fight the law as individuals.
3. Remember there is no waiver for 212(a)(3)(B)
4. They have to change the law or pass a memorundum of exemption
5. Passage of a law will take a very long time: lets pass this
6. No denials yet: they are just holding the cases, good thing for now.
7. We don't know how long the hold will last...that is the problem!
8. Somebody in the USCIS needs to act fast on this matter. Some one there?
9. Know that we are not a priority: we are just asylees and refugees !
10. We are not terrorists : so we don't get priority...no action! No detention!
11. The economy is in bad shape: we get even less priority! We collect dust!
12. But, we try to have a normal life: not easy if you are labeled 'terrorist'.
13. Now lets do something:

Lets create a list of individuals that have the sort of problem that we are discussing and ask, for example, the ACLU, to act on our behalf. I will try to contact them and hopefully our case will be interesting enough for uptake. My goal is to register with ACLU or some legitimate company to represent us. If you have other ideas, let hear it guys.

For those people who are trying to travel outside the country, I suggest that you stay put! Travel document does not gurantee you that you will be admitted back to the US, especially when they are telling you " You appear to be inadmissible according section 212 (a)(3)(B)".

 

[asylee_1999]

I totaly agree with you, since we can make us wait for another 10 years and we will still be inadmissible then.

1. Adjustment of status to that of permanent resident is discretionary!
2. We can't fight the law as individuals.
3. Remember there is no waiver for 212(a)(3)(B)
4. They have to change the law or pass a memorundum of exemption
5. Passage of a law will take a very long time: lets pass this
6. No denials yet: they are just holding the cases, good thing for now.
7. We don't know how long the hold will last...that is the problem!
8. Somebody in the USCIS needs to act fast on this matter. Some one there?
9. Know that we are not a priority: we are just asylees and refugees !
10. We are not terrorists : so we don't get priority...no action! No detention!
11. The economy is in bad shape: we get even less priority! We collect dust!
12. But, we try to have a normal life: not easy if you are labeled 'terrorist'.
13. Now lets do something:

Lets create a list of individuals that have the sort of problem that we are discussing and ask, for example, the ACLU, to act on our behalf. I will try to contact them and hopefully our case will be interesting enough for uptake. My goal is to register with ACLU or some legitimate company to represent us. If you have other ideas, let hear it guys.

For those people who are trying to travel outside the country, I suggest that you stay put! Travel document does not gurantee you that you will be admitted back to the US, especially when they are telling you " You appear to be inadmissible according section 212 (a)(3)(B)".