I am no Terrorist, any advice?

[Deep Trigger]

Isn't the Interagency Working Group a group drawn from the three departments of the Federal government: DOS, DOJ, DOHS? If so, what would be a plausable justfication for DOHS to hold up the exemption recommended by the working group for the specified tier III groups since 2011? If these groups were to be "cleared" by DOHS as has been suggested in the recent Stakeholders meeting, would there be yet another process of review and clearance to be undertaken by the USCIS before approving, continuing to hold or denying the adjustment applications relating to these groups? Does any one of our forum members
know anything about this?

Common sense questions, …but tough to figure them out.

Yes you are right, the interagency Working Group is a group-fusion from the three departments, Justice, State & Homeland Security, this was created a while back for a better coordination and cooperation in addressing and handling inadmissibility in the INA that might be connected with material support to terrorism. But no effectiveness on the whole process and on recommendations as well and to my view the interagency Working Group is not performing normally.

DHS progress on recommendation from the interagency Working Group is known to be extremely slow, same as DHS issuing exemption for any other non-recommended groups, this remains the main problem. AND because of several other reasons that I personally don’t know, the process does not make sense.

In my opinion one of them is the multi-jurisdictional powers of these different departments, multiple agencies means multiple jurisdictions, different initiatives, disagreements, and they made the process more complicated than it should be because of the False threat of National Security and counterterrorism, inaccurate assessment of risks and vulnerabilities. Stereotyping the Muslim countries and applicant to be equal to terrorism.

The other reasons are mismanagement and endless bureaucracy, because no one cares about asylees or refugees.

 

[hecate]

Common sense questions, …but tough to figure them out.

Yes you are right, the interagency Working Group is a group-fusion from the three departments, Justice, State & Homeland Security, this was created a while back for a better coordination and cooperation in addressing and handling inadmissibility in the INA that might be connected with material support to terrorism. But no effectiveness on the whole process and on recommendations as well and to my view the interagency Working Group is not performing normally.

DHS progress on recommendation from the interagency Working Group is known to be extremely slow, same as DHS issuing exemption for any other non-recommended groups, this remains the main problem. AND because of several other reasons that I personally don’t know, the process does not make sense.

In my opinion one of them is the multi-jurisdictional powers of these different departments, multiple agencies means multiple jurisdictions, different initiatives, disagreements, and they made the process more complicated than it should be because of the False threat of National Security and counterterrorism, inaccurate assessment of risks and vulnerabilities. Stereotyping the Muslim countries and applicant to be equal to terrorism.

The other reasons are mismanagement and endless bureaucracy, because no one cares about asylees or refugees.

Totally agree with you, we all saw several nationalities from so many countries were put on hold and gradually all asylums from non Muslim countries were exempted but the ones from Muslim countries were delayed, I think they picked all nationalities initially to show that the law is equal for all, but later asylums mostly from Muslim countries were kept on hold with exception of few. I have no doubt in my mind this hold is racial targeting and nothing else.

 

[Ewed Alehu]

Yes indeed! "... inacurate assessment of risk...false threat..."

Common sense questions, …but tough to figure them out.

Yes you are right, the interagency Working Group is a group-fusion from the three departments, Justice, State & Homeland Security, this was created a while back for a better coordination and cooperation in addressing and handling inadmissibility in the INA that might be connected with material support to terrorism. But no effectiveness on the whole process and on recommendations as well and to my view the interagency Working Group is not performing normally.

DHS progress on recommendation from the interagency Working Group is known to be extremely slow, same as DHS issuing exemption for any other non-recommended groups, this remains the main problem. AND because of several other reasons that I personally don’t know, the process does not make sense.

In my opinion one of them is the multi-jurisdictional powers of these different departments, multiple agencies means multiple jurisdictions, different initiatives, disagreements, and they made the process more complicated than it should be because of the False threat of National Security and counterterrorism, inaccurate assessment of risks and vulnerabilities. Stereotyping the Muslim countries and applicant to be equal to terrorism.
The other reasons are mismanagement and endless bureaucracy, bectause no one cares about asylees or refugees.

You got it right! The arm-chair experts, they act as if they know it all. They seem to prefer to drag the process for as long as they can to make them remain relevant and continue to earn a living by creating a sense of manufactured insecurity among the general public and then conveying a false sense of security by depriving innocent soules the freedom to become an integral part of the community of people in the country thereby diverting scarce resources away from combating the real sources of security threats.

 

[hecate]

This is what I got for my request on status after providing them my police report

From: "NSC, NCSC Followup" <NCSCFollowup.NSC@uscis.dhs.gov>
Date: January 8, 2013, 1:40:47 PM MST
To: XXXX
Subject: RE XXXX REQUEST FOR EVIDENCE


Good afternoon,



Electronic Service records confirm your response to our Request for Evidence (RFE) was received on October 29, 2012.



Your case is on hold because you appear 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 or Secretary 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 you have further questions, please let me know.



Sincerely,
USCIS Nebraska Service Center
EX0029
However last week I received a service response from USCIS that we are actively processing your case but we have to perform additional review and this is taking longer time, and that if I do not get my decision in 6 months I should contact 1800#
So one information informs my case is on hold while other informs we are actively processing the case and giving me a hope that I should have my decision in 6 months.

 

[Deep Trigger]

This is what I got for my request on status after providing them my police report

From: "NSC, NCSC Followup" <NCSCFollowup.NSC@uscis.dhs.gov>
Date: January 8, 2013, 1:40:47 PM MST
To: XXXX
Subject: RE XXXX REQUEST FOR EVIDENCE


Good afternoon,



Electronic Service records confirm your response to our Request for Evidence (RFE) was received on October 29, 2012.



Your case is on hold because you appear 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 or Secretary 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 you have further questions, please let me know.



Sincerely,
USCIS Nebraska Service Center
EX0029
However last week I received a service response from USCIS that we are actively processing your case but we have to perform additional review and this is taking longer time, and that if I do not get my decision in 6 months I should contact 1800#
So one information informs my case is on hold while other informs we are actively processing the case and giving me a hope that I should have my decision in 6 months.

[hecate best of luck, hoping that your Hope won't be betrayed.
My prayers still go to All of us, EVERYDAY. But I don't see any increasing progress on that Exemption for us, the little hope that I had is fading away. It is been 5 months since the Augt. 10 Memo and so far nothing concrete for the 99.99% of us, and everybody on hold that I know, is still on hold today. May be I am being too pessimistic, but one thing is a fact for sure <<they're proceeding at an Extremely Low Speed>>.]

 

[hecate]

[hecate best of luck, hoping that your Hope won't be betrayed.
My prayers still go to All of us, EVERYDAY. But I don't see any increasing progress on that Exemption for us, the little hope that I had is fading away. It is been 5 months since the Augt. 10 Memo and so far nothing concrete for the 99.99% of us, and everybody on hold that I know, is still on hold today. May be I am being too pessimistic, but one thing is a fact for sure <<they're proceeding at an Extremely Low Speed>>.]

I understand your frustration, unfortunately the dirty bureaucracy continues, that is why as I have been repeatedly trying to convince that the one way to do some action is to file a joint class action for the recovery of our FICA since we have been living in this country with no benefit of residency, and as you know we can not file mandamus since we all know how the biased justice system under patriotic act has been crushing our fair settlement with no fair justice, however they continue to make us pay all taxes that should earn our right to justice. If together we can all file a class action lawsuit for FICA we can at least sprinkle some water on the faces of sleeping feelingless morons. Trust me there is nothing humanitarian that would wake them up other then a settlement.

 

[Deep Trigger]

I understand your frustration, unfortunately the dirty bureaucracy continues, that is why as I have been repeatedly trying to convince that the one way to do some action is to file a joint class action for the recovery of our FICA since we have been living in this country with no benefit of residency, and as you know we can not file mandamus since we all know how the biased justice system under patriotic act has been crushing our fair settlement with no fair justice, however they continue to make us pay all taxes that should earn our right to justice. If together we can all file a class action lawsuit for FICA we can at least sprinkle some water on the faces of sleeping feelingless morons. Trust me there is nothing humanitarian that would wake them up other then a settlement.

[We are ALL into a black hole and as far as coming off it; is random and is just as indeterminate and as unknown. I see your points, it is very well taken for the FICA, but Hecate, is that really doable, is that a suitable solution for instance for those with kids and settled family in the U.S.? Our issue is simple, but is far from being resolved at least not with the Aug. 10th Exemption Memo. Because, no one cares… May God bless ALL and give us strength to bear that heavy burden, which is destroying our consciences and our lives. But I have no shame to say that I lost total Hope on our stalled cases. Reason why, I barely visit this forum.]

 

[hecate]

[We are ALL into a black hole and as far as coming off it; is random and is just as indeterminate and as unknown. I see your points, it is very well taken for the FICA, but Hecate, is that really doable, is that a suitable solution for instance for those with kids and settled family in the U.S.? Our issue is simple, but is far from being resolved at least not with the Aug. 10th Exemption Memo. Because, no one cares… May God bless ALL and give us strength to bear that heavy burden, which is destroying our consciences and our lives. But I have no shame to say that I lost total Hope on our stalled cases. Reason why, I barely visit this forum.]

It was done by lawyers in 1992 for people seeking amnesty and they took the INS all the way to Supreme Court for FICA. If you remember people were granted amnesty in 1986 and fewer applied for it a little late some time in 1990 or after (very important point for those you can understand and think the depth of it)
Besides we are so many people if we could pitch in as little as $100.00 together we can look for attorneys may be with a little help from one another, what if someone out of us living in DC area could volunteer to find an attorney who can at least file a class action law suit.
Class action law suits are more affordable and effective specially on asylum cases Ngwanyia v DHS,etc, did it when there was a big back log for asylees and the limit for only 10000 cases could be adjudicated and out of 10000 they were doing only fewer and not all 10000 were being adjudicated.
What is the worst that can happen, we could lose some money approximately $100.00 per person, do we have unity to come in and work something out for this or just sit on the mercy for a DHS that shows no remorse even after approving an asylum based on the facts.
Of course some of us will sit quietly and wait for a free ride but hopefully some of us who can take an action may start doing something, if you remember when there were 14000 plus people on hold since 2007 how they all together did some effort on hold cases in 2009, and so many of them got adjudicated, tomorrow never seems to be coming here so for us it is today to take action.
What if we can try Human rights first or HIAS to help us proceed with our FICA settlement or at least some one living in DC area can look for attorney who can take this class action law suit for our FICA recovery, there is no other way I can see here as Mandamus has already failed here since DHS will deny the case on hold because they are on hold in abeyance for future exemption as they inform us there is presently no exemption and if the decision is to be made today the hold cases could be denied, this rubbish they came up with to cover for their denial for mandamus.

 

[hecate]

I will not give up but unfortunately I am so limited with my options, if I was living close to DC area I would have at least made some attempts and seen my options or at least ask HIAS or Anwen Hughes my best bets.

 

[Deep Trigger]

I will not give up but unfortunately I am so limited with my options, if I was living close to DC area I would have at least made some attempts and seen my options or at least ask HIAS or Anwen Hughes my best bets.

hecate, sorry did not see your last post...

Anyway!!!, DHS & the TRIG working group need a more serious comprehensive overview of the 4,500(+) currently pending applications to take care of the problem, the Aug. 10th Memo will not resolve the issue… Bad News for all of us.

By the way you can try to get a hold Anwen Hughes, and explain in details your first steps INITIATIVE in the proper perspective of the FICA recovery.

Human Rights First is a non-profitable and non-governmental organization and if their pro-Bono service decides to make up a class action case from the stand point of your approach, they will then cover all your traveling expenses, if you will ever have to travel, because most of the case preparation will be covered over the phone, via email and fax etc.../

On the final stage you may need to sign the decoration to pursue the litigation.

Send her a detailed email and follow it up with a telephone call, that way you will get a second opinion and know your legal options. Please, keep me updated.

 

[hecate]

hecate, sorry did not see your last post...

Anyway!!!, DHS & the TRIG working group need a more serious comprehensive overview of the 4,500(+) currently pending applications to take care of the problem, the Aug. 10th Memo will not resolve the issue… Bad News for all of us.

By the way you can try to get a hold Anwen Hughes, and explain in details your first steps INITIATIVE in the proper perspective of the FICA recovery.

Human Rights First is a non-profitable and non-governmental organization and if their pro-Bono service decides to make up a class action case from the stand point of your approach, they will then cover all your traveling expenses, if you will ever have to travel, because most of the case preparation will be covered over the phone, via email and fax etc.../

On the final stage you may need to sign the decoration to pursue the litigation.

Send her a detailed email and follow it up with a telephone call, that way you will get a second opinion and know your legal options. Please, keep me updated.

Thank you for your interest as you may remember in late 2009 we all agreed to sign up forms for attorneys to proceed further for class action on this hold and later most of the hold cases were getting approved and only few unlucky ones like us were left in a drag.
Again we will have to agree with majority of us to sign up for FICA class action, if we can get some to sign up for support we may proceed further with attorneys who may try to bring this up in the court, I will gladly travel to DC, some of us should start writing on this I have already taken up this matter with HIAS before this exemption and I was informed that soon they will clear us and we will not need to go that far, unfortunately the DHS has turned up to be disappointing for all of us including the hard working groups of attorneys like human rights first and HIAS.

 

[j2013]

Just find out from congressman representative office that my case is inadmissible 212(d)(3)(B)(i)

I am shocked, because I've never had any connection to 212(d)(3)(B)(i) related groups that are described in FTO list.

I never read or heard about 212(d)(3)(B)(i) groups from my country.

Why I'm mislabeled so badly?

Where to get a help from?

 

[Deep Trigger]

Just find out from congressman representative office that my case is inadmissible 212(d)(3)(B)(i)

I am shocked, because I've never had any connection to 212(d)(3)(B)(i) related groups that are described in FTO list.

I am from Armenia and never read or heard about 212(d)(3)(B)(i) groups from my country.

Why I'm mislabeled so badly?

Where to get a help from?

[Welcome to the Club! We have been here for a while. This is forum where we can obtain many information, just dial back to the previous replies on that post.
]

 

[j2013]

Hi,
and thanks for a welcome.
I read a lot, but could not find anything about my country.
Thanks.

 

[Deep Trigger]

Hi,
and thanks for a welcome.
I read a lot, but could not find anything about my country.
Thanks.

[That issue is very complex, you should narrow it down by trying to know more about the Group in question that you have been linked to providing material support to "terrorism" rather than your country as a whole. Again if you are new in this forum, believe me it will take you sometime before you actually have a clue of what the inadmissibility is really about. Almost any one on hold in the 4,500 cases is innocent, material support accordingly to DHS assessment is virtual, frivolous and totally baseless in most cases. I hope you get it now.]

 

[j2013]

I was put on hold with tier (i) which is a member of a group. I did not give any material support to any group in my case.

I could not find any of groups, (political or social) that i dealt before listed as terrorist organization. Is there another list of FTO's or FTO related groups beside ones that are published in state.gov?

Very confused.

If you know how to check the group or organization listings that are probable cause of hold please tell me.
Thanks.

 

[hecate]

I was put on hold with tier (i) which is a member of a group. I did not give any material support to any group in my case.

I could not find any of groups, (political or social) that i dealt before listed as terrorist organization. Is there another list of FTO's or FTO related groups beside ones that are published in state.gov?

Very confused.

If you know how to check the group or organization listings that are probable cause of hold please tell me.
Thanks.[/
You need the freedom of info request to find out more on your file, please understand it is tier 1 2 or 3 designated or undesignated terrorist group which means no one knows the undesignated group other than DHS.
For others if I may ask should we all not storm letters to Obamas office regarding this hold at the same time, at least better than sitting and waiting for those num nuts to move forward with hold.

 

[j2013]

Hi hecate,
Can you please provide the link to freedom of info request?
Could not find it by myself.
Thanks.

 

[j2013]

I was put on hold with tier (i) which is a member of a group. I did not give any material support to any group in my case.

I could not find any of groups, (political or social) that i dealt before listed as terrorist organization. Is there another list of FTO's or FTO related groups beside ones that are published in state.gov?

Very confused.

If you know how to check the group or organization listings that are probable cause of hold please tell me.
Thanks.[/
You need the freedom of info request to find out more on your file, please understand it is tier 1 2 or 3 designated or undesignated terrorist group which means no one knows the undesignated group other than DHS.
For others if I may ask should we all not storm letters to Obamas office regarding this hold at the same time, at least better than sitting and waiting for those num nuts to move forward with hold.

Hi hecate,
Can you please provide the link to freedom of info request?
Could not find it by myself.
Thanks.

 

[hecate]

Hi hecate,
Can you please provide the link to freedom of info request?
Could not find it by myself.
Thanks.

http://www.uscis.gov/portal/site/us...toid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD