I am no Terrorist, any advice?

Pending99, I am surprised that you applied for I-485 with your I-130 approval case. Normally, you can't have two I-485 at the same time. I would have withdraw the original I-485 as a result of asylum and proceed with I-485 due to your I-130 approval. The problem with your case, you may not get your green card as a result of your I-130 approval. Your membership in an opposition group( I am assuming that how you got your asylum case approved) may prevent you from getting your I-485. In any case, it is a good idea to contact an attorney who is familiar with this issue. I am just giving you an idea to what I think should or could happen. It was a good thing that they reversed your asylum denial and put you on hold instead. Good luck to you.

Salam_all just so you know it is okay to file I-130 after you file I-485, my attorney also advised me the same thing since my parents are USA citizens, the only problem is that I am over 21 and waiting period is 7 years and that will not do any good, Pending99 may have a good chance with I-130 if there is any obstructions with his I-485, however his case based on I-130 will not be restorative dated, which will have him wait another 3 years to apply for citizenship, but if his I-485 is approved in the mean time he may be able to get it from restorative date.
This is what my situation was so I am sharing just in a good faith, and again thank you for sincerely sharing your opinions here.
 
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See how media can influence the disicion. I copied from a blog, see this case and judge by yourself (this is a two standards)
“Son of Hamas” Granted Asylum
In an anti-climatic end to a three-year legal battle, the Department of Homeland Security agreed that Mosab Hassan Yousef should be granted asylum in the United States, reports the San Diego Union Tribune. Mr. Yousef is the son of a founding member of Hamas. He converted from Islam to Christianity, spied for Israel, and wrote a book about his experience. On his blog, Mr. Yousef desceibes what happened and thanks his supporters. “Honestly, I am still in shock,” he writes.

In a 15-minute hearing before the San Diego Immigration Court yesterday, the DHS attorney indicated that ”There has been a change in the department,” and told the Judge that DHS would no longer oppose Mr. Yousef’s application for asylum. DHS originally opposed the application because Mr. Yousef allegedly gave “material support” to Hamas, a terrorist organization. Mr. Yousef claimed that any “support” he gave to Hamas was solely for the purpose of determining the group’s plans and foiling attacks against Israelis and Palestinians.

During the course of his legal ordeal, Mr. Yousef because a cause celebre for pro-Israel groups, as well as certain Israeli officials and members of Congress, all of whom claimed (quite credibly) that his actions saved many lives. Recently, a former Israeli security agent arrived in the U.S. to testify on Mr. Yousef’s behalf, and several members of Congress wrote letters to the Immigration Judge supporting his application. Given the evidence–at least the publicly available evidence–it seems clear that the decision yesterday was the right result. Mr. Yousef does not appear to be a terrorist, and he would certainly face persecution or death if he returned to the Palestinian territory.

One interesting side note, many people, including some members of Congress, complained loudly about President Obama’s aunt, whose case was reopened and who was recently granted asylum. They speculated–without any evidence–that President Obama somehow improperly influenced the asylum process to help his relative. I wonder if these same members of Congress will complain about their fellow Congresspeople who wrote to the IJ in Mr. Yousef’s case. These Congresspeople clearly intended to influence the Judge and the DHS attorney, and the case ended with the result they were seeking. Personally, I don’t see any evidence of improper behavior in either case, but one would hope that if a Congressperson opposes improper outside interference with one case, he should oppose it in another.

The Need for Reform

Finally, this case illustrates the need for Congress to reform the law on "material support." Mr. Yousef is hardly the only person to be labeled a "terrorist" under this broad provision. Others who have been forced on pain of death to provide food and other supplies to terrorist groups are subject to the same problems. The members of Congress who supported Mr. Yousef should consider supporting the Refugee Protection Act, a bill that would modify the definition of "material support" to ensure that innocent asylum seekers and refugees are not unfairly denied protection as a result of the material support and terrorism bars. The bill would, of course, continue to bar those with legitimate ties to terrorist activity from entry into the United States. Perhaps Mr. Yousef's case will provide some momentum to this worthy bill.

Posted at 03:50 AM | Permalink | Comments (2) | TrackBack (0)
 
Selam_all,
Thank you, hecate and all the others. My lawyer advises me not to withdraw my case and file a letter to withdraw my 99 case only in case the current one is approved. He also said that the waiver (in case it's granted some day) only available through asylum case not through marriage. I’m thinking if I force them to proceed with this application will not affect the 99 application, because my 2004 was denied and it didn’t affect the 99 app. My concern is the Judge may see 6-9 month is still reasonable and may decide to give USCIS more time instead of compel them to act.
 
So where are we? It is great that we are learning from each other as the days go by. This is where we shed our frustrations and in doing so does bring us some form of psychological relief. Anyway, I am still following some cases. The case of Sami Al-Karim vs. Moukasy(Holder): Judge Robert E. Blackburn ordered the USCIS to adjudicate his case first on April 30, 2010 and was extended to June 15, 2010. I am assuming that Mr. Al-Karim probably got his GC because he withdrew the request to ask the USCIS to pay his attorney fees and other expenses on June 24,2010. I guess a good gesture by Mr. Al-Karim for his case was adjudicated and approved. I am just giving my conjecture. Let's try to contact Mr. Al-Karim if he got his GC: that will be a very good news!!!!
 
So where are we? It is great that we are learning from each other as the days go by. This is where we shed our frustrations and in doing so does bring us some form of psychological relief. Anyway, I am still following some cases. The case of Sami Al-Karim vs. Moukasy(Holder): Judge Robert E. Blackburn ordered the USCIS to adjudicate his case first on April 30, 2010 and was extended to June 15, 2010. I am assuming that Mr. Al-Karim probably got his GC because he withdrew the request to ask the USCIS to pay his attorney fees and other expenses on June 24,2010. I guess a good gesture by Mr. Al-Karim for his case was adjudicated and approved. I am just giving my conjecture. Let's try to contact Mr. Al-Karim if he got his GC: that will be a very good news!!!!

If Mr. Sami Al-Karim got his green card it is a good news for those who are concerned that there cop conditions may have stabilized and now they can be denied, based on example of this one case there is a hope such things will not happen since at the time of filing I-485 these asylees were eligible and USCIS or INS took all the time.
 
no news guys? How about Submit a Case Problem to CIS Ombudsman office, will that help us? I know USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility, based on that can we apply for waiver, if not can we work with Ombudsman as group to make it happen? guys working as group has a greater impact than WORKIN SOLO. any idea please let us know, thanks
 
please give me some news, even rumors; they'll keep me going - acting like antidepressants.. come on throw some shopisticated words, show me the mastery of your English language and immigration rules and regulations.., throw me anything, yell at me if you feel like it.. if i can be your e-kickback i am glad to be one.. but speak speak
 
Dear Locker9 Hi,
Yesterday Immigration sent me 2 Greencards by mistake if you want I can send you one ha ha ha . Hang in there friend you are not alone .I am waiting for mine since 17 years . I have been here since 20 years .Because of this (212) .
I remember I was a young guy back then and now I am a OLD man. Many of my loved ones passed away. But I could not go .My Grand Father & My Grand Mother . My mothers Father & Mother . and MY MOTHER... last year .I have nothing more to say. My cousin brothers and sister we use to play with them all the time some of them are passed away some got merried, there childrens dont even know me . Most people from villages moved to City .They sold there lands .I think when (IF) i will go back anyone will be there who knew me. If I have gotten my green card on time I would have enjoyed my life .I could have participated in my relatives sorrow and happiness . No one can bring those things back now .Life is like a one way street whatever is gone is gone . No money , no governmet can bring it back . I think it not anyonse fault it is my bad luck. Hang in there friend .I pray for all of us .
 
Therouk
we all feel your pain, i just submitted all my paperwork to the CIS Ombudsman, im just praying. Good luck i dont think it hurts to try.
 
virk 1313, i am sorry to hear your story and congratulations on your green card. damn man, if i were you i would have gone back. I am not trying to make you feel bad by saying this . I have been stabbed, kidnapped, beaten like a dog in the street back home but still if it is for my mom or dad i would go back and i would not hesitate to die. green card is not worth anything when it comes to your family. but it's just my opinion and i know you have yours.
i honestly think your story deserves media attention. please try to bring it out in the media so people know what is going on with our lives.
 
btw, when did you get the 212a3b hold letter. what i understand is it used to take years for asylees to be eligible to file for green card before 2005 because of limited quota of 10000. so your wait for 20 yrs is not all because of the 212a3b hold, right? isn't it because of the lack of quota before 2005? i guess it all depends upon when ou got the email...
 
You will be ok we will pray for you, but please let us know each steps we want to fallow
Good luck!!!
 
To All,

I have recently found this forum very useful and informative. A lot of thinks would changed my case if I new about all of this valuable information a month ago.

I would like to share my story with you
I applied for my green card in 2005
I filled a writ of mandamus on Jan 2010, to have my green card adjusted
I received the second finger print notice after two month of filling the writ
I received a notice from the TSC, informing me that my case has been transferred to the local SC where I reside.
After a week I received another notice for green card interview at that local service center.
I was very optimistic, happy and full of hope that they will approve my green card application immediately.
The unexpected happened when the interview started.
The immigration had questioned me about my old asylum case. Actually they asked me about every thing concerning my political party.
After one week period of the interview, I received a phone call from my attorney. Telling me that he has disturbing news to me, he received phone call from USCIS attorney office advising me to dismiss the law suit other wise I will receive a letter of denial. The reasons are my party is a terrorist. My case will be holding until further review is made to check the involvement of my party to the list of terrorist.
I thing I definitely went wrong with the interview that why they did not approve my case. I just gave them exactly what they wont
 
Therouk
we all feel your pain, i just submitted all my paperwork to the CIS Ombudsman, im just praying. Good luck i dont think it hurts to try.

Thanks Hope57
I just need some info on how to submitt paperwork to the CIS Ombudsman, what form, what info are important, do we need to attach any supportive information. you can send me an email or post it here for all of us. Thanks in advance
 
almakek, sorry for your ordeal. The good news is you will hopefully be put back on the hold. If you are for real, I do hope so, this is what I was afraid of. I would like to know if you don't mind the country and your party affiliation, if that is ok with you. On that note, how much does it cost you to file the Writ of Mandamus? May be this is what happen to Mr. Sami Al-Karim? I am not sure. They shouldn't threaten you this way though. You make sure that you see the actual letter from USCIS yourself. Always make your homework. Firs of all, make sure that there is not change in your COP( country of persecution), second your should remember your case very clearly: the statements and the evidence you have submitted. Your attorney should have prepared you for this, assuming that he/she is a good one. The thing is most opposition groups are considered Tier III TOs. Till they are cleared we can't get relief! If they is relief, our association with them should be based on the belief that they stand for justice and freedom and that we haven't knowledge of their, if any, terrorist activities. Most of us don't. Most of the Tier III TOs are fighting for freedom and justice. I don't like any government that subjugates it people to terror and fear. I don't like dictatorial governments. If I become a member of a peace loving and democratic opposition group and that makes me a terrorist to heck with green card. I am not going to lie the government that I support a dictatorial government, because I don't ! I am not going to lower my morals. I stand for peace, freedom and justice.
 
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"The thing is most opposition groups are considered Tier III TOs. Till they are cleared we can't get relief"
i am not sure about that. i know a lot of people who applied from a political party and got approved, i have heard some leaders of the party got approved without any delays to their gc. i know 2of the members who got approved after they were held. if it was the case then everyone should get approved when then the hold would be lifted but thats not what's happenning.
 
"The thing is most opposition groups are considered Tier III TOs. Till they are cleared we can't get relief"
i am not sure about that. i know a lot of people who applied from a political party and got approved, i have heard some leaders of the party got approved without any delays to their gc. i know 2of the members who got approved after they were held. if it was the case then everyone should get approved when then the hold would be lifted but thats not what's happenning.

You are right, I used to think the same way that the parties will be cleared off the list after a couple of political parties were cleared out be Nepalitino and Clinton, they use a different way of waiver but we don't know just like I did not know when my priority date passed in 2003 the reason for my case on hold until September 2009, I took action and filed complaint and the result was regretting as they made me do medical for the third time even though by the detectives of Donald Newfeld if you file your medical with your I-485 your medical is valid until adjudication, my local office also read that letter after I showed them the letter from Donald Newfeld and local service center agreed that I should not have to do medical and gave me a letter to sent to USCIS issued from their office, I then got a letter from USCIS that if I do not provide them with every thing requested my case will be denied, after all the pain I went through they sent me a letter after receiving RFE that my case is on hold due to 212 a 3 b of the ina.
My point is, these guys are with authority and they know well how to abuse it, there is no way of finding out how their system works as they use the base of national security to protect their illegal pursuits under a legal umbrella, some one has to come up with something positive, however if any of the 212 a 3 b clears in the court, it would mean all the cases on hold based on that will be cleared and that was the reason I was asking if any one can genuinely come up with judgment that they were approved based on lawsuit for hold on 212 a 3 b and not mandamus because after 120 days filing a mandamus is justified and here we have the cases on hold for years, so judge will obviously give USCIS sufficient time to decide and so the decision will be in favor of plaintiff but court does not have jurisdiction over the decision, which will be denied.
The supreme court decision on material support in favor of government brings all the hopes in vain.
Its a shame that such things are happening in the USA and there is no one to stop such a human rights violations where people are suffering and can not do anything to help even after their close ones are dead or sick in a death bed.
Please understand waiver is totally different than suing and winning a decision for I-485, *(none heard so far) how ever some people are informing USCIS may have approved cases but that is a possible coincidence and you must understand there is a turtle move and people are getting approved, I know of one guy who told me not to upset USCIS while he was on hold and I was aggressive since I missed my son, he just got approved.
So here is a situation that you are damned if you do some thing and you are damned if you don't.
 
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