I am no Terrorist, any advice?

[hecate]

Thank you The.Walker and cortaidus, I was very excited to receive that letter from USCIS as through out this time no matter what I wrote to USCIS their letter came back with the reply "you case is on hold as you appear to be inadmissible under section 212 a 3 b of the ina............, now this was the first letter that informed me that my case is under review "Please understand that the review is part of the process in adjudication cases of a similar nature. An exact date for completion of the DHS review is not known at this time, but USCIS will make every effort to decide your case as soon as the review is completed.
1. Are you telling me that every one is receiving this same letter?
2. Are you also telling me that you know people who are waiting for 10 years on I-485 based on asylum.
These 2 questions are very important to me, so I was requesting you or some one with knowledge to inform me, I will appreciate this help.

 

[hecate]

" I personally know a student leader from my political who filed for asylum last year. Guess what? He filed for his Green Card 6 weeks ago! Astonishingly, he received his GC in 26 days! He didn't even have to get his biometrics taken. wtf. "
.....and not to forget 2000-3000 dv winners from our country every year who land here with green cards in their pockets.. i wonder what kinda security checks they go through, none i guess..most of them complain with me that their life was okay back there and they can't find a decent job here even with a green card. some i've known have gone back. and here are the people whose lives are in danger back home, paying taxes and who wouldlove to live here as a permanent residents and they can't get a green card.

Did you ever figure what was different in their application than yours, I have the same problem all my friends lived in LA and I moved to Virginia so I filed at Nebraska and they file in I think Texas, they have got their citizenship since long, and here I am, last time we had a gathering was a while back, but at that time I was not told about 212 a 3 b and every one told me I will get it sooner or later, now hard to find them after so many years since I moved out of California.

 

[cortaidus]

hecate, i can't answer your first question maybe walker can cuz he has been getting letters with different wordings like yours without changing anything, sorry not trying to disappoint you. but i've seen some people on this thread who have been waiting for more than 10 years. here is one for you:
miaj said, "I'm also from Ethiopia. My case has been pending for 11 years. I came in 07/1998. Was granted asylum in 1999. Applied for green card in 2000. Had my biometrics taken 7 times (2000-2008). Submitted medical in 2005. And now this - I got the e-mail on Tuesday (07/28/09). "

 

[The.Walker]

Hecate, my dad received the exact same letter 4 months ago after we went to the Asylum office w/ an INFO Pass.

A month later, we wrote the the state Senator and we received the "actively processing" crap for the second time.

If you were to go through the posts, you'll notice at least two people who've waited for their GCs for 8-9 years before they got handed the "you appear to be inadmissible" crap. One of them recently got approved if I remember correctly.

 

[hecate]

hecate, i can't answer your first question maybe walker can cuz he has been getting letters with different wordings like yours without changing anything, sorry not trying to disappoint you. but i've seen some people on this thread who have been waiting for more than 10 years. here is one for you:
miaj said, "I'm also from Ethiopia. My case has been pending for 11 years. I came in 07/1998. Was granted asylum in 1999. Applied for green card in 2000. Had my biometrics taken 7 times (2000-2008). Submitted medical in 2005. And now this - I got the e-mail on Tuesday (07/28/09). "

Thank you, yes this was the only one I found. I applied in 1999.
I will keep on checking on dates filed with my application, you know how frustrating this is, the problem is the instability with status.
Lawyers don't know much, I went to the lawyer for consultation paid $200.00 for 45 minutes consultation, through out the time he was checking on the internet as he had no clue even though he advertises as asylum lawyer, then he said he will study my case and contact me, he never called back, my lawyer recommended me to this lawyer thinking he is knowledgeable, later he said he does not know but only way out is mandamus he will charge 5000 for the lawsuit and there are no guarantees for favorable decisions, these forums were more productive then attorneys as those who file for mandamus won the cases, USCIS were given 30 days to decide and in 30 days USCIS attorneys came with denial and the applicants had to withdraw their application for compromise, now they can not sue USCIS since the case has been settled by withdrawl. (this is what I understand, I may be wrong, if I am wrong please correct me, we are all sharing our thoughts and we are not professionals, professionals can not help any ways, lol.

 

[Selam_all]

THIS IS GOOD NEWS! BUT, WE NEED TO FIND OUT IF THEY ARE EXEMPTING OTHER GROUPS!!!
LET'S PETITION Napolitano and Clinton: as you can see they have the power to act!
(The following is a quote, not my words)

Effective September 21, 2009, Secretary of Homeland Security Janet Napolitano and Secretary of State Hillary Rodham Clinton, following consultation with each other and the Attorney General, exercised their discretionary authority under Immigration and Nationality Act (INA) section 212(d)(3)(B)(i) to exempt qualified individuals, as determined by officials of their respective Departments based on specified standards, from certain inadmissibility grounds in section 212(a)(3)(B) of the INA with respect to activities or associations related to the Iraqi National Congress (INC), the Kurdistan Democratic Party (KDP), and the Patriotic Union of Kurdistan (PUK). This exercise of authority will benefit qualified individuals seeking immigration benefits or protection in the United States who would otherwise be ineligible for the status sought, based on activities or associations related to one of these organizations.

The Secretary of Homeland Security and the Secretary of State have discretion, under the INA, to exempt individuals from most of the INA-defined “terrorist”-related grounds of inadmissibility, which also affect their removability from the United States. This exercise of authority is used to benefit only individuals who pose no risk to the security of the United States.

The exemption authority can be exercised in favor of an alien seeking a benefit or protection under the INA who has been determined to be otherwise eligible for the benefit or protection but for the relevant involvement with one of the three organizations. In order to be considered for the recently signed exemption, the applicant must satisfy the relevant agency authority that he or she:

(a) has undergone and passed relevant background and security checks;
(b) has fully disclosed, in applications and/or interviews with U.S. government representatives and agents, the nature and circumstances of activities or associations falling within the scope of the terrorist activity-related grounds of the INA;
(c) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons;
(d) poses no danger to the safety and security of the United States; and
(e) warrants an exemption from the relevant inadmissibility provision in the totality of the circumstances.

The exemption authority can only be applied to aliens whose activities relate to the INC, KDP, or PUK. Implementation of the exemption authority determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets the criteria set forth above.

This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked.

The signed “Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act” for individuals affiliated with the INC, KDP and PUK may be found on the USCIS.gov website.

 

[usa21]

Hey, we can't do nothing. What do we do in future? Just wait? How about our class law sue against USCIS? I do not have anything reply back fro DC lawer. What's going on?

Hecate, my dad received the exact same letter 4 months ago after we went to the Asylum office w/ an INFO Pass.

A month later, we wrote the the state Senator and we received the "actively processing" crap for the second time.

If you were to go through the posts, you'll notice at least two people who've waited for their GCs for 8-9 years before they got handed the "you appear to be inadmissible" crap. One of them recently got approved if I remember correctly.

 

[hecate]

Hecate, my dad received the exact same letter 4 months ago after we went to the Asylum office w/ an INFO Pass.

A month later, we wrote the the state Senator and we received the "actively processing" crap for the second time.

If you were to go through the posts, you'll notice at least two people who've waited for their GCs for 8-9 years before they got handed the "you appear to be inadmissible" crap. One of them recently got approved if I remember correctly.

Thank you for information so valuable, I in my anger and frustration wrote a very nasty letter to my senator against USCIS, he sent that letter with inquiry to USCIS, do you think that may have pissed them off and they may abuse their authority to punish me for filing a complain so adverse.
(ANY ONE WITH THE ANSWER TO THIS)
Also I was reading your advice, but how can you sue the USCIS, what will be the basis of that law suit, only thing that can be done is mandamus and we all know what is the out come through these valuable threads and experience from people who did that. The law was passed by the congress, and USCIS only acted according to the instructions, how can any one sue the congress, I hope I am wrong but I believe there is no possible way from the court, unless some one individually gets charged and served by USCIS, the records for hold in abeyance is not a civil matter as the agency can not be directed by the court to approve the cases, court can only deny USCIS further extension as their delay is unreasonable, I think there may be only one way and that would be through media. There are people away from their families, I miss my son for 4 years, these moral issues can get attention from public. This is just my opinion.
Another thing I can think of is if we can sue for a hold on FICA (social security, medicare) hold with employer and self contribution and reasonable interest, a letter of clarification defining how we got stuck with 212 a 3 b and sufficient time for second asylum, if not all, then quite a few may like that option, this would have been a great option for me when I was in Canada, but that is what I realize now, not back then, because USCIS keeps us so much in darkness that every time when an inquiry is made, they make it look like we are almost there, (we are actively processing this case however we have to perform.......) this was the response since 2004, back then I felt what if it was a crazy decision to leave while GC was on its way, they told me it will take 471 to 501 days in 1999, if back then they had told me it will take 11 years then the whole story would have changed, my point is every thing is so inaccurate and unpredictable.
Please understand the request for FICA and clarification on 212 a 3 b with an option may give us an opportunity if we can find another country. we are not withdrawing but it is in abeyance while case is pending, If not under pressure of paying some, the government may realize and feel embarrassed for their unfair actions on innocent people, while some may leave other may also get adjudicated. (this is just a share of thought and not an advice, I don't know what the legal obligations are).

 

[hecate]

THIS IS GOOD NEWS! BUT, WE NEED TO FIND OUT IF THEY ARE EXEMPTING OTHER GROUPS!!!
LET'S PETITION Napolitano and Clinton: as you can see they have the power to act!
(The following is a quote, not my words)

Effective September 21, 2009, Secretary of Homeland Security Janet Napolitano and Secretary of State Hillary Rodham Clinton, following consultation with each other and the Attorney General, exercised their discretionary authority under Immigration and Nationality Act (INA) section 212(d)(3)(B)(i) to exempt qualified individuals, as determined by officials of their respective Departments based on specified standards, from certain inadmissibility grounds in section 212(a)(3)(B) of the INA with respect to activities or associations related to the Iraqi National Congress (INC), the Kurdistan Democratic Party (KDP), and the Patriotic Union of Kurdistan (PUK). This exercise of authority will benefit qualified individuals seeking immigration benefits or protection in the United States who would otherwise be ineligible for the status sought, based on activities or associations related to one of these organizations.

The Secretary of Homeland Security and the Secretary of State have discretion, under the INA, to exempt individuals from most of the INA-defined “terrorist”-related grounds of inadmissibility, which also affect their removability from the United States. This exercise of authority is used to benefit only individuals who pose no risk to the security of the United States.

The exemption authority can be exercised in favor of an alien seeking a benefit or protection under the INA who has been determined to be otherwise eligible for the benefit or protection but for the relevant involvement with one of the three organizations. In order to be considered for the recently signed exemption, the applicant must satisfy the relevant agency authority that he or she:

(a) has undergone and passed relevant background and security checks;
(b) has fully disclosed, in applications and/or interviews with U.S. government representatives and agents, the nature and circumstances of activities or associations falling within the scope of the terrorist activity-related grounds of the INA;
(c) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons;
(d) poses no danger to the safety and security of the United States; and
(e) warrants an exemption from the relevant inadmissibility provision in the totality of the circumstances.

The exemption authority can only be applied to aliens whose activities relate to the INC, KDP, or PUK. Implementation of the exemption authority determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets the criteria set forth above.

This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked.

The signed “Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act” for individuals affiliated with the INC, KDP and PUK may be found on the USCIS.gov website.

Thanks for the info, if you read my old email, I have mentioned in that about charging their allied groups as 212 a 3 b, I was pointing on these and kurdish groups, these groups helped the USA during the war in Iraq, and later charged as terrorists, I think this was politically motivated and US needs their support as they are still there fighting, this would have badly impacted the support, so politically they had to be excused. The way I understand and feel, our case is different.

 

[asylee_1999]

Thank you The.Walker and cortaidus, I was very excited to receive that letter from USCIS as through out this time no matter what I wrote to USCIS .

hecate,
I granted asylum 1998, applied for GC 1999, since then I had almost 100 inquiries. I received too many different responses, earlier it was “we still processing 1997 cases"......, then "background check” then “your case still under reviews......" and so on.. "Inadmissibility........" then officer is reviewing your case.....". Having said that, the last response seems very interesting which was last week and it was 2 pages explain the whole 212... Situation. And they also stated that “they apologized "sincerely" for the delay and promise that the UCIS is working hard to solve my problem and the other 10,000 asylees. Not optimistic but...will see!!!

 

[asylee_1999]

THIS IS GOOD NEWS! BUT, WE NEED TO FIND OUT IF THEY ARE EXEMPTING OTHER GROUPS!!!
LET'S PETITION Napolitano and Clinton: as you can see they have the power to act!
(The following is a quote, not my words)

.

Selam_all,
I don’t want to disappoint you, but the answer is NO, these are the only groups that the exempted.

 

[hecate]

hecate,
I granted asylum 1998, applied for GC 1999, since then I had almost 100 inquiries. I received too many different responses, earlier it was “we still processing 1997 cases"......, then "background check” then “your case still under reviews......" and so on.. "Inadmissibility........" then officer is reviewing your case.....". Having said that, the last response seems very interesting which was last week and it was 2 pages explain the whole 212... Situation. And they also stated that “they apologized "sincerely" for the delay and promise that the UCIS is working hard to solve my problem and the other 10,000 asylees. Not optimistic but...will see!!!

Thank you so much I think this forum is helpful when people like you come up and inform the current issues, I am also talking of the same letter, we may have got the similar exact letter, I only put the bright part to explain my view as you know the letter is 2 pages.
Lets hope this time they are being honest.
Thanks again

 

[cortaidus]

2 pages wow. if you don't mind telling what were the key points? did they mention how they are going to process, how long etc? thanks for sharing

 

[asylee_1999]

cortaidus,
I will scan and post it..... I am sure you will recieve it soon.

 

[Selam_all]

One thing we have is patience. That is a virtue!

Hello guys,
Lets appreciate that we were granted asylum/refugee status. That in self does make us eligible for most benefits: we can work( with the exception of federal government jobs), we can go to school, and yes we can travel ( with the exception to home country and that it costs to get travel document and expires within a year or two). Moreover, the government cannot deport us once we are granted asylum/ refugee status for mere reason of ' appear to be inadmissible due to terrorist related grounds'; and they can't detain us for the same reason. Of course, we can be deported and detained for other criminal activities.

Here is my problem: Because our cases are on hold for too long, if there is a change of government in our home land that is pro-democracy, or at least appear to be pro-democracy to the rest of the World, we can get deported as long as we remain in asylum or refugee status. A lot of us have been here for a long time and most of us have children born here. That will be a huge injustice!

Most us know that Immigrant Visa is a privilege and not a right. The government could have denied our Green card applications; instead, our cases are on 'hold' and that is good. Now, the best thing to fight this case is to bring our plight to the open and explain that ' we are eligible' to get the privilege of immigrant visa and apply the waiver to the rest of the groups that the government considers terrorist organizations! Let me be clear, the United States government does not have a list, at least available for the public, of Tier III TOs. Mere membership in an opposition group makes you part of Tier III TOs, just by definition. These Tier III opposition groups are no threat to the United States. These are legitimate organizations that some of are supported by the United States government. Hypocrisy!

Nobody likes to be terrorized. I fled my beloved country because of the of the inhumane activities of the 'dictatorial government'. My past membership to a group that opposes a dictatorial government , that stands for democracy, and that was supported by the United States and most peace loving countries should never have used against me to label me as ' you appear to be inadmissible for terrorist related activities'!!!

I am me: I stand for justice, peace, democracy and freedom for humanity like most peace loving people around the World. So let's stop the nonsense and stop calling me ' appear inadmissible because of terrorist activities'. I can't force you to give me my green card, although I am eligible for it, what I am asking you to do is stop putting me in Tier III TOs. I am not a terrorist. I don't appear to be a terrorist.

Now guys, let's choose a time and a place to peacefully demonstrate and bring our plight to the World. Let's get the ACLU attorneys involved, because peaceful demonstration may be considered a terrorist activity

Peace!

 

[cortaidus]

What if you have familes to unite with? What if your wife, children etc are waiting to unite with you? What are you supposed to tell them when they ask how many more years, days, months will it take? when you wait for 10 years , how are you supposed to maintain a spousal relationship? say, you left your child at 10, you will only see your child at 20, you would skip the whole growing up part. No my dear friend, some of us do not have option to wait, but the worse thing is there is no other option besides waiting. of course, we are grateful to live in this wonderful country with friendly and generous people, no doubt on that but we would like to share that with our families. afterall what is the point of joy that you can't share, its pointless.The main thing is we are innocent. for eg: how can my wife has been put on hold for being a member of a student organization, a peaceful one when the leader of the organization got a green card in 26 days with no biometrics. I have full faith in the good people at USCIS, i know one day we will be free from this hold but until then i really wish they would at least let family petitions get approved.

 

[justnjust]

Dear Selam All ,
I think the point is labeling you as a terrorist is unacceptable , but if you look deep there is always something immigration will come up with to hold people from getting this privilage , if there is a legitamte reason then there will be no problem ,but making different excuses most unheared of are what make people frustrated and angry, we do appreciate our status but we don't appreciate the way immigration categorize us , old asylees like hecate, asylee_1999 or mr know better, initially there was a cap , they didnot reach that cap for green cards not a single year , when they are sued they eliminated it but found a way to hold people by 212 a 3 b . The problem is not we don't appreciate , the problem we facing a mentality that don't like us to be here un the US , look at every other category (H1) for example , the delays are way too much , the fees immigration is getting is by far making most of its revenue but they are holding decisions and not allowing or dis-allowing people in, if hecate got rejected 10 years back he would have been in Canada or some where else with his family and totally new life , there is no humane way in holding peoples lives with such an entity ( deport or not-deport), seperate a 4 year old from a parent or loved one for no reason .perhaps the only reason is they know that much you disclosed in your personal statment when you applied for assylum , but if you are the same person and came through a DV lottery and never disclosed it you will be a citizen , so does that make America safer? The issue my friend is we need a welcoming environment that can make us feel we part of it not look at us as a terrorists , but since we here and have kids , life and friends we will dig in to get this label off our shoulders and then we can think what next.

 

[The.Walker]

Thats not it all Cortaidus, how the hell did they approve my I-730 and they didn't approve yours despite both of us being in the US and both principal applicants ( your wife and my dad ) being handed the 212 nonsense?

It is simply illogical, inconsistent and inhumane!

Its been almost 4 months since my dad received an "actively processing" bullshit but there's been NO update in his case. Who're they fooling? What sort of case requires 4 months to get decided upon? Fact is, they received a service request, sent us a standardized "actively processing with an officer" nonsense and NOBODY bothered to open a file.

 

[justnjust]

And you know what if my party is terrorist organization why they allowed head of my party to visit the white house ? its all nonsense , I know a friend who is on hold , his wife got approved and she recieved her GC way before she is here for a year ,but not his 3 years old daughter who is still living with her grandparents in COP.That just doesn't make sense, how a 3 years old could harm the security of USA? There are many different stories you can find but they all share inconsistences and non-sense in large part.


not it all Cortaidus, how the hell did they approve my I-730 and they didn't approve yours despite both of us being in the US and both principal applicants ( your wife and my dad ) being handed the 212 nonsense?

It is simply illogical, inconsistent and inhumane!

Its been almost 4 months since my dad received an "actively processing" bullshit but there's been NO update in his case. Who're they fooling? What sort of case requires 4 months to get decided upon? Fact is, they received a service request, sent us a standardized "actively processing with an officer" nonsense and NOBODY bothered to open a file.[/QUOTE]

 

[cortaidus]

you said it justnjust, by your frustration you sound like you're from Nepal as well? are you? honestly, what i think is this hold has nothing to do besides some agents who opened our files for service requests may have skipped their breakfast or had fight with their spouse or something like that. there is no reason. i've been coming to this thread since last year, i give about 2 -3 horus a day to figure why our case has been put on hold. so far, i have come up with no logic, no justification. The meaning of 212. hold i find on the internet has nothing to do with me or my wife just as that 3 year old child can no way in the world can be a terrorist. It is so disgusting. i hate that word, and i've been labelled that term. i hate violence and terror that is why i came to this country, but they label us what we hate the most. going over the messages from different users it only seems like they are making mistakes or who knows some kind of abuse of authority , after all they are humans too, they may have their biases. Read NepaliAsylee's case he was sent the hold letter, after sweating, panicking and running around for months, maybe years he was able to get a letter which said he should not even have been on the hold in the first place. so what happened? someone vent their anger at him ? who was it? is he going to get punished? no .. Nepaliasylee is happy that he got that letter , and i would too. we're asylees, i am hoping to be, we're at the bottom of the barrel, but this country is all about justice and helping the victims , what happened. why are Americans quiet on this matter, why is no one hearing us? and you're so right about the d.v lottery. it's about that time of the year where i am going to meet about 30-40 Nepali lottery winners around here in Denver, and most of them complain, complain complain... no security checks, just a police report, and a high school degree required, no holds for them, green card in the pocket when you come over..