I am no Terrorist, any advice?

[HBA]

Here what I received from inquiry that was made in my behalf by senator

Ms. Xxxxxx case has been put on hold because she appears to be inadmissible pursuant to the terrorist-related inadmissibility provisions of the Immigration and Nationality Act (INA).

The terrorist-related inadmissibility provisions of the INA that have been in effect since 2001 are broad in scope and have been broadened by Congress over the years. However, since 2007, the INA has contained a provision at section 212(d)(3)(B)(i) that allows either the Secretary of Homeland Security orSecretary of State, in consultation with each other and the Attorney General, to exempt many of the terrorist-related inadmissibility grounds. Thus, under current U.S. Citizenship and Immigration Services (USCIS) policy, certain cases are put on hold, rather than denied, pending future exercises of the Secretary’s discretionary exemption authority that might allow the applicable terrorist-related inadmissibility grounds to be exempted.

In the last few years, the Secretaries have exercised their discretionary exemption authority under section 212(d)(3)(B)(i) for individuals having activities or affiliations with a number of specific organizations, as well as for various activities specified in section 212(a)(3)(B). For example, three exemptions relating to certain Iraqi groups were issued in late 2009. In late 2010 and early 2011, Secretary Napolitano issued two exemptions relating to solicitation of funds or membership and receipt of military-type training under duress. Most recently, Secretary Napolitano signed an exemption for aliens who have provided medical assistance under certain circumstances. The Secretary of Homeland Security to date has delegated the authority to adjudicate exemptions to USCIS. In addition, USCIS issued guidance that allows cases to be denied that were previously on hold if an exemption would not be granted to the individual applicant even if an exemption were available. Exemption guidance documents are available at www.uscis.gov under Laws/Policy Memoranda.

The Department of Homeland Security (DHS) is working with its interagency partners, the Department of Justice and Department of State, to seek appropriate exemptions related to organizations and categories of cases that remain on hold at USCIS in order to release them for adjudication. Additionally, USCIS has reviewed its hold cases to ensure that they are properly being held, and has adjudicated cases where appropriate.

Through DHS and interagency efforts to date, USCIS has adjudicated approximately 14,000 exemptions to persons applying for various immigration benefits. DHS remains committed to protecting the security of the United States while providing deserving and eligible applicants subject to the terrorism-related inadmissibility grounds the opportunity to seek and obtain immigration benefits through the use of the Secretary’s discretionary exemption authority in the INA, provided they do not pose a threat to national security or where an exemption may not be appropriate. DHS will continue to work with you, other members of Congress, our Executive Branch partners, and other stakeholders on this issue. We want to ensure that the terrorist activity-related inadmissibility provisions are applied in a way that meets our national security objectives while also ensuring that an efficient exemption process exists for appropriate cases.

Hopefully, this information is helpful. If I can assist you further in the future, please let me know.

Sincerely,
Immigration Service Officer
Congressional Unit
Nebraska Service Center

 

[Deep Trigger]

Here what I received from inquiry that was made in my behalf by senator

Ms. Xxxxxx case has been put on hold because she appears to be inadmissible pursuant to the terrorist-related inadmissibility provisions of the Immigration and Nationality Act (INA).

The terrorist-related inadmissibility provisions of the INA that have been in effect since 2001 are broad in scope and have been broadened by Congress over the years. However, since 2007, the INA has contained a provision at section 212(d)(3)(B)(i) that allows either the Secretary of Homeland Security orSecretary of State, in consultation with each other and the Attorney General, to exempt many of the terrorist-related inadmissibility grounds. Thus, under current U.S. Citizenship and Immigration Services (USCIS) policy, certain cases are put on hold, rather than denied, pending future exercises of the Secretary’s discretionary exemption authority that might allow the applicable terrorist-related inadmissibility grounds to be exempted.

In the last few years, the Secretaries have exercised their discretionary exemption authority under section 212(d)(3)(B)(i) for individuals having activities or affiliations with a number of specific organizations, as well as for various activities specified in section 212(a)(3)(B). For example, three exemptions relating to certain Iraqi groups were issued in late 2009. In late 2010 and early 2011, Secretary Napolitano issued two exemptions relating to solicitation of funds or membership and receipt of military-type training under duress. Most recently, Secretary Napolitano signed an exemption for aliens who have provided medical assistance under certain circumstances. The Secretary of Homeland Security to date has delegated the authority to adjudicate exemptions to USCIS. In addition, USCIS issued guidance that allows cases to be denied that were previously on hold if an exemption would not be granted to the individual applicant even if an exemption were available. Exemption guidance documents are available at www.uscis.gov under Laws/Policy Memoranda.

The Department of Homeland Security (DHS) is working with its interagency partners, the Department of Justice and Department of State, to seek appropriate exemptions related to organizations and categories of cases that remain on hold at USCIS in order to release them for adjudication. Additionally, USCIS has reviewed its hold cases to ensure that they are properly being held, and has adjudicated cases where appropriate.

Through DHS and interagency efforts to date, USCIS has adjudicated approximately 14,000 exemptions to persons applying for various immigration benefits. DHS remains committed to protecting the security of the United States while providing deserving and eligible applicants subject to the terrorism-related inadmissibility grounds the opportunity to seek and obtain immigration benefits through the use of the Secretary’s discretionary exemption authority in the INA, provided they do not pose a threat to national security or where an exemption may not be appropriate. DHS will continue to work with you, other members of Congress, our Executive Branch partners, and other stakeholders on this issue. We want to ensure that the terrorist activity-related inadmissibility provisions are applied in a way that meets our national security objectives while also ensuring that an efficient exemption process exists for appropriate cases.

Hopefully, this information is helpful. If I can assist you further in the future, please let me know.

Sincerely,
Immigration Service Officer
Congressional Unit
Nebraska Service Center

Thanks HBA for sharing with the rest of us...
To me, this seems like a very vague reply from USCIS customer service, it doesn’t tell much concerning your individual case, no specific news that you didn’t know, common generic system message anybody would get.
May be you should try to email Trig working group: Trigquery@uscis.dhs.gov

Again thanks.

 

[alem]

Guys/Gals

Here is what I received today via email. Please let me know if anyone is in the same situation as I am or my reading of the August memo was incorrect.

Thank you for your inquiry. Your case has been reviewed, and we have confirmed that it is currently being held for inadmissibilities relating to INA 212(a)(3)(B). Specifically, you are inadmissible for giving material support to the Ethiopian People's Revolutionary Party
(EPRP). A review of your file shows you were a member of the EPRP from 1976 to 1996. During this time period the EPRP met the definition of an undesignated (Tier III) terrorist organization. The record indicates you provided support voluntarily. Currently, there are no exemptions or exception that can be apply to your case. Because there are no available exemptions at this time your case is being held as future exemptions are being considered.

 

[Deep Trigger]

Guys/Gals

Here is what I received today via email. Please let me know if anyone is in the same situation as I am or my reading of the August memo was incorrect.

Thank you for your inquiry. Your case has been reviewed, and we have confirmed that it is currently being held for inadmissibilities relating to INA 212(a)(3)(B). Specifically, you are inadmissible for giving material support to the Ethiopian People's Revolutionary Party
(EPRP). A review of your file shows you were a member of the EPRP from 1976 to 1996. During this time period the EPRP met the definition of an undesignated (Tier III) terrorist organization. The record indicates you provided support voluntarily. Currently, there are no exemptions or exception that can be apply to your case. Because there are no available exemptions at this time your case is being held as future exemptions are being considered.

alem,
I would not worry at all. If you checked my previous replies in regards to similar concerns that a few forum members had, I talked about generic answers that applicants received through service requests. I honestly think that they are not yet taking into consideration the August Memo, since they are still trying to figure the implementation out.
I may be wrong....My main reason is that I received the exact same answer, with of course the group & material support provided time frame difference. We will have more clarification in the next 2 months or so. But don't let that reply worries you, it is a straight answer; it is not specifically mentioning that your case will not be covered by the August Memo. Since the August Memo is not yet in full implementation, they considered that fact as <<there are no available exemptions at this time>>. I am not a Lawyer, neither an Expert or Paralegal or spokesman of this forum, but I just wanted to chip in my thoughts and inputs and not intended to offend or disrespect no one.

 

[Victim1000]

Guys/Gals

Here is what I received today via email. Please let me know if anyone is in the same situation as I am or my reading of the August memo was incorrect.

Thank you for your inquiry. Your case has been reviewed, and we have confirmed that it is currently being held for inadmissibilities relating to INA 212(a)(3)(B). Specifically, you are inadmissible for giving material support to the Ethiopian People's Revolutionary Party
(EPRP). A review of your file shows you were a member of the EPRP from 1976 to 1996. During this time period the EPRP met the definition of an undesignated (Tier III) terrorist organization. The record indicates you provided support voluntarily. Currently, there are no exemptions or exception that can be apply to your case. Because there are no available exemptions at this time your case is being held as future exemptions are being considered.

Most of the times EPRP struggled to get rid of brutal Mengistu's military regime peacefuly. However there was also some armed struggle named by the regime "Red terror v White terror" which caused for the death of many EPRP members and few civilians. If you were not involved in those incedents and there was no in your asylem inteview testemony, you will be ok. Moreover EPRP was recommended for exemption in 2011. The problem is the vetting and the decision making process has to be done by multiple officers and divisions which will take many months to finish and they are also very slow.

If you get this kind of e-mail from SCOPS it could be that, they haven't begin processing your case yet. They have to send you the usual old ....response. It may not mean you are not eligible for this exemption. You shoul also read the september 26, 2012 policy memorandum PM-602-0073. It is also good idea to seek lawyers advice, not to depend only this forum opinion. Soon or later you will vist Addis Ababa.

Good luck!!!

 

[alem]

alem,
I would not worry at all. If you checked my previous replies in regards to similar concerns that a few forum members had, I talked about generic answers that applicants received through service requests. I honestly think that they are not yet taking into consideration the August Memo, since they are still trying to figure the implementation out.
I may be wrong....My main reason is that I received the exact same answer, with of course the group & material support provided time frame difference. We will have more clarification in the next 2 months or so. But don't let that reply worries you, it is a straight answer; it is not specifically mentioning that your case will not be covered by the August Memo. Since the August Memo is not yet in full implementation, they considered that fact as <<there are no available exemptions at this time>>. I am not a Lawyer, neither an Expert or Paralegal or spokesman of this forum, but I just wanted to chip in my thoughts and inputs and not intended to offend or disrespect no one.

Thanks for the response. I also thought they just have to reply something, whether it makes sense or not. I am beyond worry at this time, gave up all hope and leading a very "normal life" notwithstanding lack of a GC. I would have liked to have one but I am also gearing for what if there is no GC at the end of the day

 

[alem]

alem,
I would not worry at all. If you checked my previous replies in regards to similar concerns that a few forum members had, I talked about generic answers that applicants received through service requests. I honestly think that they are not yet taking into consideration the August Memo, since they are still trying to figure the implementation out.
I may be wrong....My main reason is that I received the exact same answer, with of course the group & material support provided time frame difference. We will have more clarification in the next 2 months or so. But don't let that reply worries you, it is a straight answer; it is not specifically mentioning that your case will not be covered by the August Memo. Since the August Memo is not yet in full implementation, they considered that fact as <<there are no available exemptions at this time>>. I am not a Lawyer, neither an Expert or Paralegal or spokesman of this forum, but I just wanted to chip in my thoughts and inputs and not intended to offend or disrespect no one.

Thank you man.
I totally lost faith and contact with lawyers and do things by myself. Of course, I visit this forum everyday to gain an insight about my case for free rather than pay an hourly fee for a lawyer for just showing up at his/her office. Please keep on sharing.

 

[alem]

Most of the times EPRP struggled to get rid of brutal Mengistu's military regime peacefuly. However there was also some armed struggle named by the regime "Red terror v White terror" which caused for the death of many EPRP members and few civilians. If you were not involved in those incedents and there was no in your asylem inteview testemony, you will be ok. Moreover EPRP was recommended for exemption in 2011. The problem is the vetting and the decision making process has to be done by multiple officers and divisions which will take many months to finish and they are also very slow.

If you get this kind of e-mail from SCOPS it could be that, they haven't begin processing your case yet. They have to send you the usual old ....response. It may not mean you are not eligible for this exemption. You shoul also read the september 26, 2012 policy memorandum PM-602-0073. It is also good idea to seek lawyers advice, not to depend only this forum opinion. Soon or later you will vist Addis Ababa.

Good luck!!!

Thank you for the input. I even don't know what Addis looks like after a long absence from my beloved City. What worries most is my parents are aging and because of this problem, I might not see them before they depart this world for good. Any ways, this is life and if that is my destiny, I have to accept it with grace.

 

[Deep Trigger]

Thank you for the input. I even don't know what Addis looks like after a long absence from my beloved City. What worries most is my parents are aging and because of this problem, I might not see them before they depart this world for good. Any ways, this is life and if that is my destiny, I have to accept it with grace.

After being disappointed so many times, We all start losing hope in everything involving USCIS. It is heart breaking but the grace of God is humongous. Please hang in there; and we are very fortunate that we have each other in this forum, without which I can only imagine an ordeal with no hope.

 

[Victim1000]

Thank you for the input. I even don't know what Addis looks like after a long absence from my beloved City. What worries most is my parents are aging and because of this problem, I might not see them before they depart this world for good. Any ways, this is life and if that is my destiny, I have to accept it with grace.

I understand the concern you have for your parents, but you still have to be optimist more than ever. You are very close to the finish line. You should smell victory not defeat. Be strong, in a few months the pain will stops but the scar. You should make a shopping list for your family and plan how to spend your vacation at the Piazza, Merkato, Aratkilo....

Good luck.

 

[Victim1000]

Thank you for the input. I even don't know what Addis looks like after a long absence from my beloved City. What worries most is my parents are aging and because of this problem, I might not see them before they depart this world for good. Any ways, this is life and if that is my destiny, I have to accept it with grace.

I understand the concern you have for your parents, but you still have to be optimist more than ever. You are very close to the finish line. You should smell victory not defeat. Be strong, in a few months the pain will stops but the scar. You should make a shopping list for your family and plan how to spend your vacation at the Piazza, Merkato, Aratkilo....

Good luck.

 

[Deep Trigger]

I understand the concern you have for your parents, but you still have to be optimist more than ever. You are very close to the finish line. You should smell victory not defeat. Be strong, in a few months the pain will stops but the scar. You should make a shopping list for your family and plan how to spend your vacation at the Piazza, Merkato, Aratkilo....

Good luck.

That's very nice and comforting, and I mean it. I am sure Sister alem will appreciate this. i am glad we are all unanimously supporting each others. May God grant our wishes!!!. We are not bad people and above all we love this country, we just got hit at the wrong time.

 

[Victim1000]

That's very nice and comforting, and I mean it. I am sure Sister alem will appreciate this. i am glad we are all unanimously supporting each others. May God grant our wishes!!!. We are not bad people and above all we love this country, we just got hit at the wrong time.

Deep Trigger,

I believe you completly. Even if we have little disagreement sometimes, you are a good person in my heart. We all here to help each other to get out of this mess. It is also ok to disagree because it is part of human nature. We learn, grow and move on. Keep up the good job.

 

[Deep Trigger]

Deep Trigger,

I believe you completly. Even if we have little disagreement sometimes, you are a good person in my heart. We all here to help each other to get out of this mess. It is also ok to disagree because it is part of human nature. We learn, grow and move on. Keep up the good job.

Victim 1000,
Thanks for spreading so much good, helpful and needed information.
I highly value and respect your inputs. Yes, you are right, we have to disagree something, that's to be expected, it makes only sense because after all, this is a forum!. I am sure you would agree with this as well: “disagreeing without being disagreeable” all in dignity and respect. Sometimes, no matter how much discussion occurs, we’re unable to agree on one particular point, it is normal.
Endless gratitude from the heart my brother.

Again thank you.

 

[Ewed Alehu]

Here is a reply from NSC dated 10/25/2012 to inquiry made on my behalf by my senator's office:

"... The NSC is aware of the August 17, 2012, Federal Register referenced in your constituent's inquiry. However, these exemptions have very specific criteria that must be met, so much more review and research is necessary.

At this time, the NSC has not yet made any changes to the terrorist-related inadmissibility hold that has been placed on Mr. XXXX's I-485 application."

What implications would you draw from the response?

 

[Victim1000]

Here is a reply from NSC dated 10/25/2012 to inquiry made on my behalf by my senator's office:

"... The NSC is aware of the August 17, 2012, Federal Register referenced in your constituent's inquiry. However, these exemptions have very specific criteria that must be met, so much more review and research is necessary.

At this time, the NSC has not yet made any changes to the terrorist-related inadmissibility hold that has been placed on Mr. XXXX's I-485 application."

What implications would you draw from the response?

This is some what a good news for you. You know why? They didn't say " there is no exemption or exeception" for you. They are working on it but they need more informaton. They have to seek help from State Department, RAIO VIRTUAL LIBRARY, HUMAN RIGHT organization, DHS library ...etc to get the information they need before they make a decison, it may take few months but it is not bad news.

Good luck.

 

[Ewed Alehu]

This is some what a good news for you. You know why? They didn't say " there is no exemption or exeception" for you. They are working on it but they need more informaton. They have to seek help from State Department, RAIO VIRTUAL LIBRARY, HUMAN RIGHT organization, DHS library ...etc to get the information they need before they make a decison, it may take few months but it is not bad news.

Good luck.

Thank you. It makes me feel a little better. It is generally hard to be objective when evaluating your own case and replies associated with it. I'm glad your reading and evaluation of the reply is inline with my interpretation of it. The only concern I have is how much longer we will have to wait before they start and complete what they called "... so much more review and research."

 

[hecate]

​

Thank you. It makes me feel a little better. It is generally hard to be objective when evaluating your own case and replies associated with it. I'm glad your reading and evaluation of the reply is inline with my interpretation of it. The only concern I have is how much longer we will have to wait before they start and complete what they called "... so much more review and research."

It does not mean anything other than a simple definition called buying time, neither is this bad news nor good and same goes for your previous question, good luck and hope it won’t be too long of all of us.

 

[Victim1000]

​

It does not mean anything other than a simple definition called buying time, neither is this bad news nor good and same goes for your previous question, good luck and hope it won’t be too long of all of us.

"Buying time"?
Time is not an issue for them, it is for us. There is no any given specific time table to finish processing this terrorism related exemption cases. It is not a contractor job. They can take as much time as they need. There reason, "security". You can put a ton of pressure from diffrent direction if you want, they don't care. Is not why our cases on hold for more than a decade? They can also say "no exemption or exception"

 

[Ewed Alehu]

​

It does not mean anything other than a simple definition called buying time, neither is this bad news nor good and same goes for your previous question, good luck and hope it won’t be too long of all of us.

Relative to the previous decision of being DENIED the immigration benefit I applied for to adjust my status to a permanent resident, the current state of conditions and potential opportunities are more a sign of hope than despair. More importantly, the hope is based on a careful and objective reading of the substance of the exemption, which is not necessarily ambiguous to a reasonable interpretation as to its relevance and applicability to my specific case. In that sense, I'm inclined to think of the ultimate outcome of any so called "more review and research" to lead to a positive adjudication rather than to a negative result.

As Victim1000 indicated, the reply implies that the NSC will have to perform "more review and research" into the Tier III Group my individual case has been associated with and, assess the research findings against the criteria stipulated in the adjudication guide that has been issued by the agency to implement the exemptions before it can render a final decision on my case. This is a work-in-process expected to be completed sometime in the future. What I am concerned about is not the potential ultimate decision outcome - positive or negative. I am more concerned with the uncertainty related to the length of time it will take them to start and complete the work-in-process.There is nothing negative to decipher in the reply and therefore nothing bad to associate with it.