I am no Terrorist, any advice?

HBA said:
Here what i received from USCIS today. My status was on post decision activity for many years and today it looks like went backward to initial review. I am not sure if that is good news or not. Please let me know what you think


Your Case Status: Initial Review

On March 28, 2013, your address was changed relating to the I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS that you filed. Please check our website at www.uscis.gov for further updates on your case. Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.



If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.


*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.


*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)
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HBA- I do strongly believe that your case is being handled right now. That usually means that someone is actively looking at your application and I would give it a week or 2 and you will start seeing stronger signs of a positive outcome on your case. Within a month of seeing such movement on my case status, I did finally receive my GC.

Good luck to you and everyone. I also wanted to thank everyone here for I have benefited A LOT from all the contributions on this site. Just like everyone else I was considered Tier 3.
One other thing that is worth noting, Melanie's list of the September "memo" containing the names of political parties that were no longer consider Tier 3 contained the name of my party. So, if you saw the name of your party on that list, and you have not yet received your GC, you should receive it soon!

THANK YOU ALL AND GOOD LUCK AGAIN!

-----------------------------------------------------------------
My time line:
2003 – Applied for Asylum
2003- Asylum granted (yes, after 3 months!!!)
2005- Applied for Green Card (Thought my "speedy Gonzales" luck will hit again, but...)
2013- Green Card Approved
 
Congratulations HBA

Congratulations HBA

My case has been hold since 2002 due to involvement in the same political group, hope the agony will be over for the rest of us well. Thank you for participating in this forum and sharing valuable information. Your approval is a sign that there is a change coming to rest of us. Did you do anything out of the ordinary to get your case moving?





McGraddy said:
HBA- I do strongly believe that your case is being handled right now. That usually means that someone is actively looking at your application and I would give it a week or 2 and you will start seeing stronger signs of a positive outcome on your case. Within a month of seeing such movement on my case status, I did finally receive my GC.

Good luck to you and everyone. I also wanted to thank everyone here for I have benefited A LOT from all the contributions on this site. Just like everyone else I was considered Tier 3.
One other thing that is worth noting, Melanie's list of the September "memo" containing the names of political parties that were no longer consider Tier 3 contained the name of my party. So, if you saw the name of your party on that list, and you have not yet received your GC, you should receive it soon!

THANK YOU ALL AND GOOD LUCK AGAIN!

-----------------------------------------------------------------
My time line:
2003 – Applied for Asylum
2003- Asylum granted (yes, after 3 months!!!)
2005- Applied for Green Card (Thought my "speedy Gonzales" luck will hit again, but...)
2013- Green Card Approved
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Tj112 said:
Congratulations HBA

My case has been hold since 2002 due to involvement in the same political group, hope the agony will be over for the rest of us well. Thank you for participating in this forum and sharing valuable information. Your approval is a sign that there is a change coming to rest of us. Did you do anything out of the ordinary to get your case moving?
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[Tj112,
HBA did not say she was approved. If I am not mistaken, she stated that her case went backward. I though it would be helpful to point that out, I may be wrong...].
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According to my lawyer this is good news that the USCIS office is reviewing my file. She received approval notice for another client who was on hold because of material support OLF a week ago and she is hoping same thing for me.

No I didn’t say that my green card was approved. However, they are reviewing it.


My lawyer wrote a letter to the USCIS by the end of November 2012 requesting to review my application “based upon the newly announced exemption August 17, 2012 my client meet the qualification...” I am not sure if that is the reason why they decided to review my application now.

I will update as soon as I have new information. Have a great day!
 
Deep Trigger said:
Tj112 said:
Congratulations HBA




[Tj112,
HBA did not say she was approved. If I am not mistaken, she stated that her case went backward. I though it would be helpful to point that out, I may be wrong...].
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Thanks Deep Trigger and HBA for correcting me, I confused the following post by Mcgraddy,
“My time line:
2003 – Applied for Asylum
2003- Asylum granted (yes, after 3 months!!!)
2005- Applied for Green Card (Thought my "speedy Gonzales" luck will hit again, but...)
2013- Green Card Approved” .
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A recent decision of the Federal Court of Appeal for the Fifth Circuit

Hello
I would like to share a very recent decision of the Federal Court of Appeal for the Fifth District ( case: 12-50357, Filed 03/04/2013). This information was shared with me by a friend whose application for adjustment of status is also put on hold for many years. I am not sure if this decision will impact other pending applications.

This case was decided based on an appeal from the US District Court for the Western District of Texas. The defendant in this case, a national of Iran, was granted asylum in 1999 by the Immigration Court. His subsequent application for adjustment of status to GC was put on hold/denied because of the material support provisions of INA.

The defendant filed suit in the Western District of Texas seeking relief. The court granted judgment in favor of the Government. The defendant appealed to the federal Court of Appeal. The federal Court of Appeal decided in favor of the defendant requiring the INS to process his application.

The most important point in decision is the reasoning of the Federal Court of Appeal. The Court reasoned that by granting asylum the government had determined that the defendant did not provide material support to a terrorist organization. In other words the court decided that the government can not deny processing an adjustment of status application once it has granted asylum.

Please share your views about this decision.
 
Jaya22 said:
Hello
I would like to share a very recent decision of the Federal Court of Appeal for the Fifth District ( case: 12-50357, Filed 03/04/2013). This information was shared with me by a friend whose application for adjustment of status is also put on hold for many years. I am not sure if this decision will impact other pending applications.

This case was decided based on an appeal from the US District Court for the Western District of Texas. The defendant in this case, a national of Iran, was granted asylum in 1999 by the Immigration Court. His subsequent application for adjustment of status to GC was put on hold/denied because of the material support provisions of INA.

The defendant filed suit in the Western District of Texas seeking relief. The court granted judgment in favor of the Government. The defendant appealed to the federal Court of Appeal. The federal Court of Appeal decided in favor of the defendant requiring the INS to process his application.

The most important point in decision is the reasoning of the Federal Court of Appeal. The Court reasoned that by granting asylum the government had determined that the defendant did not provide material support to a terrorist organization. In other words the court decided that the government can not deny processing an adjustment of status application once it has granted asylum.

Please share your views about this decision.
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Thanks Jaya22.
Good research. This is an interesting case law. It is also interesting how the general courts opinion system works in the U.S. The suit was filed against Napolitano-Holder, members of the current Liberal Administration (Obama’s).
And the 5th U.S. Circuit Court of Appeals is the USA most conservative federal appellate courts; they often go against anything that is liberal view.
Even though the Material support Bar was created by the preview administration of George Bush.
It is now a precedent case Law in Texas, it means that could help any one else who get denied in the future, and decided to take it to the district federal courts or appellate courts for rebuttal.
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Class action lawsuit

Hi All forum members,
I have been thinking over and over, and I came up with a strong persuasion and deep belief of putting together a carefully planed CLASS ACTION LAWSUIT. We should work on filing the CLASS ACTION LAWSUIT for several valid reasons… which we all know, no need to mention. If we don’t take action within the STATUTORY WRITS OF MANDAMUS, which is our legal right. I have no doubt that we will be waiting for so many, many and many other years to come. I cannot take this anymore. Any ideas, any volunteers.

I intend to approach some nonprofit, nonpartisan human rights organization to assess that suite, there is reasonable cause, after the issuance of the Limited General Exemption of 08/10/12.

Please let us think about this. On the aftermath of the Boston B*m*b*n*g, I can only see our cases linger indefinitely in a so called legal limbo.

Again let us think about this... That's the only way out.
 
Deep Trigger said:
Hi All forum members,
I have been thinking over and over, and I came up with a strong persuasion and deep belief of putting together a carefully planed CLASS ACTION LAWSUIT. We should work on filing the CLASS ACTION LAWSUIT for several valid reasons… which we all know, no need to mention. If we don’t take action within the STATUTORY WRITS OF MANDAMUS, which is our legal right. I have no doubt that we will be waiting for so many, many and many other years to come. I cannot take this anymore. Any ideas, any volunteers.

I intend to approach some nonprofit, nonpartisan human rights organization to assess that suite, there is reasonable cause, after the issuance of the Limited General Exemption of 08/10/12.

Please let us think about this. On the aftermath of the Boston B*m*b*n*g, I can only see our cases linger indefinitely in a so called legal limbo.

Again let us think about this... That's the only way out.
Click to expand...
I am in, and you are right I totally agree with you, they already raised the issue of immigration in the house and senate due to this incident, I don't know how many of you are watching the immigration news regularly, but deep trigger I also want to remind you of the recent activity that we proceeded with and we also saw how the response was when we wanted to storm letters in the white house, we have to be united and all of us should step in but any ways I am in with your idea.
 
HI all, I found the following today, on yahoo news. We are doomed.


The immigration status of the Boston bombings suspects may become a stumbling block for a new bill that seeks to legalize nearly 11 million immigrants and increase the number of legal immigrants to the United States.
Opponents of the bill—which was crafted by a bipartisan "Gang of Eight" in the Senate—and even some supporters, say the process of reforming the country's immigration system should be stalled until all the facts about the suspects' interactions with the immigration system are known.
Both Dzhokhar and Tamerlan Tsarnaev, the two brothers accused of the Boston Marathon bombings, emigrated to the United States legally from Russia as refugees a decade ago when they were children. The Tsarnaev family, which is ethnically Chechen, was granted asylum because it feared persecution in its home country, according to media reports.
Tamerlan's application for citizenship was put on hold in 2012 by the government, because he had been questioned by the FBI at the request of the Russian government for possible ties to Chechen terrorism, the New York Times reported. Dzhokhar's citizenship application was approved, and he naturalized in 2012.
At a Senate Judiciary Committee hearing over the bill on Tuesday, Homeland Security Secretary Janet Napolitano defended immigration officials' handling of the Tsarnaevs, saying the process for granting asylum is rigorous.
"In the past four years we have increased both the number and the coverage of the vetting that goes on," Napolitano said. As things currently stand, she noted, those who seek asylum must go through multiple screening interviews and submit biometric data to be checked across government databases. If granted asylum and legal status, immigrants must go through two more interviews if they want to become citizens when they become eligible five years later.
(Asylum applicants must show that they face government-sanctioned persecution in their home country stemming from their race, religion, nationality, political views or membership in a particular social group.)
Napolitano argued that the immigration reform bill would make the country safer because the estimated 11 million undocumented immigrants in the country would be brought "out of the shadows" and screened. The bill requires immigrants to pass a background check before they are eligible for temporary legal status. They must pay fines and back taxes and enroll in English classes to gain permanent legal status.
Opponents of the immigration bill have argued that the Tsarnaevs' alleged crime suggests that the current immigration system is unable to weed out potential terrorists, and that the process of crafting the bill should be slowed down to address that. If the bill is stalled until next fall, opponents hope it will be close enough to the next election that on-the-fence lawmakers will withdraw their support, effectively killing the bill. President Barack Obama has said he hopes the bill will pass this summer.
Kansas Secretary of State Kris Kobach, one of the most prominent opponents of legalizing immigrants, said at Monday's Senate Judiciary Committee hearing that the legalization process in the bill could present a national security threat.
"The background checks in this bill are insufficient from preventing a terrorist from getting amnesty," Kobach said.
Supporters of the immigration reform bill say the argument is a specious excuse to delay the legislation.
"Unless we are able to design an immigration background check that can get into the minds of people and predict the future, then we won't be able to solve problems like this through immigration screening alone," said Lynn Tramonte of America's Voice, a pro-immigration advocacy group.
It's also unclear how the immigration system could have known what two children seeking asylum with their family would do 10 years later.
But even some lawmakers who have indicated their support for the bill have raised concern about the Boston suspects.
Sen. Rand Paul of Kentucky, who has been a vocal supporter of immigration reform, wrote in a letter to Majority Leader Harry Reid that the immigration reform process should stop until all the facts are known about the intersection between the immigration system and the Tsarnaev brothers.
"Why did the current system allow two individuals to immigrate to the United States from the Chechen Republic in Russia, an area known as a hotbed of Islamic extremism, who then committed acts of terrorism? Were there any safeguards? Could this have been prevented? Does the immigration reform before us address this?" Paul asked.
He said Congress should debate whether immigrants from "high-risk" nations should face more "scrutiny" and whether student visas for people from certain "high-risk" countries altogether should be discontinued.
Sen. Dan Coats, R-Ind., said on ABC on Sunday that he hopes lawmakers will put the immigration debate "on hold" because of the bombing.
Roy Beck of NumbersUSA, a group that opposes illegal immigration and wants to dramatically lower rates of legal immigration, said he thinks it's significant that Paul and Coats have called for slowing down the bill.
"The Boston bombing gives them a little more of a public reason to try to get this to slow down," Beck said.
If the bill is delayed until the fall, Republicans and red-state Democrats might think it is too close to election season to support it, Beck predicts.


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But then again, maybe they will rush to process all the cases on hold and interview everyone of us to see who is who to identify impending threats. Only then we may get approved. This could be a blessing in disguise.
 
JosephEsf said:
But then again, maybe they will rush to process all the cases on hold and interview everyone of us to see who is who to identify impending threats. Only then we may get approved. This could be a blessing in disguise.
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[That's a big possibility, especially and above all after what happened recently in Boston. You would think that's the appropriate and most cautious steps for DHS to take, but it appears to me they think backward (God forgive me!). But my option is still on the table: The Class Action Suite. So far hecate is IN. If I have 5 volunteer-candidates, I will start the process.]
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hecate said:
I am in, and you are right I totally agree with you, they already raised the issue of immigration in the house and senate due to this incident, I don't know how many of you are watching the immigration news regularly, but deep trigger I also want to remind you of the recent activity that we proceeded with and we also saw how the response was when we wanted to storm letters in the white house, we have to be united and all of us should step in but any ways I am in with your idea.
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[If I have 5 volunteer-candidates, I will start the process. So far You & I, and possibly JosephEsf. ]
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Deep Trigger,
I would like to talk to Anwen before proceeding. The atmosphere about immigration issues is tense. In the article I posted, you could see how some congressmen who initially supported the Bill, are now a little skeptical. We are going to need the sympathy of the judge who is listening to our case. I believe we will get no sympathy at this tense time because of the Boston incident. We have to approach
with a little bit of caution. I am trying to get a hold of Anwen to see what she says about a class action lawsuit. Let me know what you think. Love you.
 
JosephEsf said:
Deep Trigger,
I would like to talk to Anwen before proceeding. The atmosphere about immigration issues is tense. In the article I posted, you could see how some congressmen who initially supported the Bill, are now a little skeptical. We are going to need the sympathy of the judge who is listening to our case. I believe we will get no sympathy at this tense time because of the Boston incident. We have to approach
with a little bit of caution. I am trying to get a hold of Anwen to see what she says about a class action lawsuit. Let me know what you think. Love you.
Click to expand...

[I agree with you 100%, your statement is well put together and carefully assessed. We as a group, will coordinate, we will agree, we will talk about it before proceeding. Please let all of us know, once you talked Anwen. Love to you as well brother!]
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Anwen dose not respond. I have both e-mailed and left her messages a number times, I hope she hasn't lost hope on this issue.
Imagine if we could hire her to represent us !!! If we could get her to represent us in a class action lawsuit against USCIS, I am absolutely on board.
 
JosephEsf said:
Anwen dose not respond. I have both e-mailed and left her messages a number times, I hope she hasn't lost hope on this issue.
Imagine if we could hire her to represent us !!! If we could get her to represent us in a class action lawsuit against USCIS, I am absolutely on board.
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[I will try on my end. I will let you know.Thanks JosephEsf]
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