212(a)(3)(B) of the INA Please Help

K

koteya

Registered Users (C)
I got this Email today and its not good at all as i have nothing to do with nuclear weapons like they said so what can i do now my lawyer said he wats to review my asylum case to what went wrong and he said we can send them a letter to tell them they did a mistake

Will this work or i just joined the ocean cruiser ..




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.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
 
And will this effect my wife's i-485 please if you know anything regarding this matter answer me PLease please
 
The application is not even going to be rejected OR DENIED, he or she is not alone on this... There a dozens of thousands application still pending. It is going to be pending until DHS issues a waiver, most people affceted belong to Tier-III group. Don't panic, you will be just fine.

Human rights advocates, scholars, and many nongovernmental organizations – liberal and conservative – have spoken out forcefully against this law and have been working diligently to change it.

Good faith, pray and patience, DHS will issue a general waiver especially the Tier-III group (pro-democracy group).
 
themen said:
The application is not even going to be rejected OR DENIED, he or she is not alone on this... There a dozens of thousands application still pending. It is going to be pending until DHS issues a waiver, most people affceted belong to Tier-III group. Don't panic, you will be just fine.

Human rights advocates, scholars, and many nongovernmental organizations – liberal and conservative – have spoken out forcefully against this law and have been working diligently to change it.

Good faith, pray and patience, DHS will issue a general waiver especially the Tier-III group (pro-democracy group).
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thank you for your response it exactly what you said i was reading about it and about materiel support but my problem is i want to fight what they said as there are no ground in my case for then to do that, my lawyer reviewed all my case yesterday and nothing wrong is wrong, do you know how can i find what is my case Tier - group is or i need to wait for there final decision or what .

thank u
 
There is no way you can find out about that since it is a matter of national security.
If have done nothing wrong, then I also think that you will fine. It's just going to be longer.
 
The right of the people peaceably to assemble in order to petition the government is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions; and that alone is inadmissible according to the INA.

The material support law is so vague and ambiguous to a point if you came across a rebellion group, or and pro-democracy that preaches freedom and independence, your association with them, will render you inadmissible.

The problem is that material support is not generally an independent crime; it is a form of complicity with the person member of the organization and the terrorist organization itself. I am sure the form of the offense as defined in the in the Real ID Act wouldn’t necessarily fits within your case.
To know which group you belong to Write a short request to the the service center Director, as following

Dear service center Director,

I am not asking for any preferential treatment and I don’t want to cause any inconvenience either, I just want to ask a brief excerpt of the law and regulations as related to my case, therefore I am respectfully submitting a request for record review . I am well aware that motion should not be granted unless it appears beyond doubt that the requester can prove no set of facts in support of his claim which would entitle him to relief. Where the requester shows a merit to the relief sought, it is immaterial that he is seeking it for purposes other than the ascertainment and enforcement of the merits which he relies. I am simply and politely attempting to avoid being subject to any possible indefinite hold. Therefore I am inquiring for my Tier group, the tier group that I belong two.
 
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I just found it I and this is the worst . but iam 100 % sure they have no grounds to classify my case under that iv read the law in details and nothing u ply to my case not even close, by law the officer should review the case with his supervisor in my case i was the victim for the terrorist group mentioned on my asylum case .. check this http://www.uscis.gov/files/nativedocuments/Withholding_26Mar08.pdf
 
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February 13, 2009
Memorandum
TO: FIELD LEADERSHIP
FROM: Michael Aytes /s/
Acting Deputy Director
SUBJECT: Revised Guidance on the Adjudication of Cases involving Terrorist-Related Inadmissibility Grounds and Amendment to the Hold Policy for such Cases
1. Purpose




This memorandum provides instruction to all field offices to consider and adjudicate cases where an alien provided material support to a terrorist organization described in sections 212(a)(3)(B)(vi)(I) or (II) of the Immigration and Nationality Act (INA). This memo also removes this category of cases from the hold directive established in the March 26, 2008 memo1 and modifies the hold guidance to allow for certain cases to be elevated for a determination as to whether the hold should be lifted.
 
assylum said:
I agree with themen, prayer/faith/patience is the only solution for all pending applications.
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I also agree but where the case has no grounds then i will fight it, in my case there is nothing and no grounds to place a hold, trust me iv been reading 3 days in a row :D
 
Would anybody know what the consequences of rejections are? Will the person be deported along with his family members?
 
Koteya,

Can you please ask your lawyer how unwise it would be to leave the country? Also,if the asylee's wife and children are already present in the US, what will happen to them?
 
You should be able to be readmitted from a short trip over sea, but bear in mind that one passage of the INA says: <<Individuals falling into these more broad definitions of “terrorism” and “material support” are barred from eligibility for most U.S. immigration benefits and are barred from re-entry into US, when using a RTD.

You should wait until you benefit from a waiver, once your case adjudicated, then you can start freely traveling, without worries. I truly think that the obama administration will do something about it.

Wife and kids should be fine.

Let me know for other questions you may have.
 
themen said:
You should be able to be readmitted from a short trip over sea, but bear in mind that one passage of the INA says: <<Individuals falling into these more broad definitions of “terrorism” and “material support” are barred from eligibility for most U.S. immigration benefits and are barred from re-entry into US, when using a RTD.

You should wait until you benefit from a waiver, once your case adjudicated, then you can start freely traveling, without worries. I truly think that the obama administration will do something about it.

Wife and kids should be fine.

Let me know for other questions you may have.
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Can you do something about the waiver? I mean, the poor fellow is absolutely devastated. He doesn't have an attorney not that he could afford one either. His wife works in a Fast Food chain while he works as a security guard. From being a businessman back home who was forced to flee the country due to Maoist terrorists to being labeled as a terrorist himself, the guy is well and truly down.

He has to leave the country in 3 months time and while he was impatiently waiting for the approval of Green Card for over 2 years, he's received that mail. He has no clue on what step to take now. Wait while the Homeland Security continues to hold his case as a terrorist? But for how long?

Also, I wish to ask how people in here can assure that the case will be approved duly?
 
I know, USCIS reason in your case hardly fits the image of a terrorist, I know you are right. But nothing you can do, that provision was passed and approved by congress. I hear you, you have a clear and indisputable right to the relief, but you cannot sue the USCIS because mandamus cannot be used to instruct an official how to exercise waiver discretion, in you case you can’t neither dictate a waiver nor initiate a waiver, nor justify that you did not provide material support. There is no available waiver at this point that you could fill out and send, just none. DHS has dictated the statutory or regulatory standards delimiting the scope or manner in which such waiver discretion can be exercised, whether you are fully eligible for waiver or not, whether USCIS made an arbitrary or wrongful, mistakenly determination on your case, any formal complaint, compel through federal court could lead to a possible denial. I personally know lots of people in the boat you are in, they have no involvement what so ever with terrorist, nothing, none nada, but unfortunately they are labeled as terrorists, because they came across a separatist or rebel, by the unconstitutional provision of the material support bar of the patriot act passed by the congress, they are terrorist or have provided material support.

It has to have a legislation or a waiver for you to be re-admissible in U.S.

The bush administration’s material support provision fails to detail the material support provided in all these pending cases, that the statute is unconstitutional under the First and Fifth Amendments because it precludes the defendant from challenging the existence designation (you cannot fight), that the statute’s specific intent element is deficient, it is enough that the defendant intend to further the material support goals in you case, there were no intention to further aim terrorism in you case, no terror what so ever, that the statute is impermissibly vague, because it doesn’t adequately define your involvement with activities that had led to terrorism or any other kind of atrocities or civil strife, that the statute is overbroad by the Defendants, because it criminalizes protected First Amendment activity, contradictory to the US constitution, and that the arbitrary allegation is outrageous, Because the government would not introduced any evidence that you knew or should have known that your conduct was relevant to Material support leading to terrorism, if ever there were any material support involvement with you case; the government would not satisfy the requirements of material support provision, but the determination is arbitrary, and adjustment of status is discretionary, no court would exercise or dictate an application of a waiver in your case.

It is sad but all you can do is wait and wait, until there is a legislation fix or general waiver, that’s all and that’s it.

Let me know if you have more questions.

Best luck
 
themen said:
I know, USCIS reason in your case hardly fits the image of a terrorist, I know you are right. But nothing you can do, that provision was passed and approved by congress. I hear you, you have a clear and indisputable right to the relief, but you cannot sue the USCIS because mandamus cannot be used to instruct an official how to exercise waiver discretion, in you case you can’t neither dictate a waiver nor initiate a waiver, nor justify that you did not provide material support. There is no available waiver at this point that you could fill out and send, just none. DHS has dictated the statutory or regulatory standards delimiting the scope or manner in which such waiver discretion can be exercised, whether you are fully eligible for waiver or not, whether USCIS made an arbitrary or wrongful, mistakenly determination on your case, any formal complaint, compel through federal court could lead to a possible denial. I personally know lots of people in the boat you are in, they have no involvement what so ever with terrorist, nothing, none nada, but unfortunately they are labeled as terrorists, because they came across a separatist or rebel, by the unconstitutional provision of the material support bar of the patriot act passed by the congress, they are terrorist or have provided material support.

It has to have a legislation or a waiver for you to be re-admissible in U.S.

The bush administration’s material support provision fails to detail the material support provided in all these pending cases, that the statute is unconstitutional under the First and Fifth Amendments because it precludes the defendant from challenging the existence designation (you cannot fight), that the statute’s specific intent element is deficient, it is enough that the defendant intend to further the material support goals in you case, there were no intention to further aim terrorism in you case, no terror what so ever, that the statute is impermissibly vague, because it doesn’t adequately define your involvement with activities that had led to terrorism or any other kind of atrocities or civil strife, that the statute is overbroad by the Defendants, because it criminalizes protected First Amendment activity, contradictory to the US constitution, and that the arbitrary allegation is outrageous, Because the government would not introduced any evidence that you knew or should have known that your conduct was relevant to Material support leading to terrorism, if ever there were any material support involvement with you case; the government would not satisfy the requirements of material support provision, but the determination is arbitrary, and adjustment of status is discretionary, no court would exercise or dictate an application of a waiver in your case.

It is sad but all you can do is wait and wait, until there is a legislation fix or general waiver, that’s all and that’s it.

Let me know if you have more questions.

Best luck
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Cant you sue if they mistakenly did a determination on your case in my asylum case there is nothing i mean nothing for them to say Martial support ?

What i did is i sent a service request for my wife and she took her status from me iam sure this forced them to review my asylum case to answer her 3 days no answer they answered me back in 24 hours and this is good.

Please read this

thank you
 
Koteya, You wife is derivative asylee, as long as the I-730 that you filed on her behalf was already approved, which entitled her to a derivative asylee, she is not inadmissible. I read that attachment that you sent me, yes I have read it the 1st day that it was issued.

Extra information: AILA issued some document a while back stating that if the material support bar was applied erroneously by the adjudicator, the applicant can challenge such determination causing delay, but Aila failed to draft what kind of appeal process the applicant could take, how you are going to challenge such determination, because mandamus will make the case denied.

Again wait is your only remedy, and I hate to say that.

Best Luck.
 
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