I am no Terrorist, any advice?

Good point. Hence, my dad hasn't hired an attorney either. Many experts in here advised me against hiring an attorney too and it seems like it was basically a waste of money.

But you can be happy now. I wish my mom and brother could join us too....their I 730s have been put on hold ever for quite sometime now.
 
whyy do you think its waste to hire a lawyer. lawyer will make ur case to process faster right or wrong? can anyone please suggest how long i have to wait. because i waited 6 years in court pendings and finally approved my asylum. now how much more to wait to get a greencard? the letter says
Your case is on hold because bla bla bla....

im very frustrated. we need to protest on the street if you are not afraid. if you are real asylee you speak out.


i also singed up letter to congress you guys suggested.
 
worryman, more often than not, these sorts of information related to National security aren't shared. Even if you hire an attorney, s/he won't be told about why your case has been put on hold because again, this is a matter of National security. Hence, it defeats the purpose of hiring an attorney. Just relax.

I just got back from the S.F. office myself. ( took an infopass for my father ). They've said that I could call them on March 27 or after with a reference number...and hopefully, they will be able to tell us what stage the cases ( my dad's I-485 and my mom and brother's I730s) are at....
 
Hi guys!!
According to my promise to keep you guys posted on the progress of my asylum case (which was on hold for exactly 2 years and a month), I got my approval letter today.
I am grateful to all members of this forum who gave me the support I need during this tough journey.
Saxo,the walker, miaj, asylee_1999 and other I would like to thank you all. Since my wife is already with me I don't need to file I-730.

"tough times never last, but tough people do" ...keep going.

Have faith and pray hard...

I wish you all good luck!!
 
Fantastic news Asylee_2007. I almost asked you why you weren't gonna file for I-730. All these holds and immigration discussions have seriously messed my head up. Good luck!
 
Hi guys!!
According to my promise to keep you guys posted on the progress of my asylum case (which was on hold for exactly 2 years and a month), I got my approval letter today.
I am grateful to all members of this forum who gave me the support I need during this tough journey.
Saxo,the walker, miaj, asylee_1999 and other I would like to thank you all. Since my wife is already with me I don't need to file I-730.

"tough times never last, but tough people do" ...keep going.

Have faith and pray hard...

I wish you all good luck!!

Why was your asylum case on hold for 2 years? Was it because of the background check (name check) or 212.a.3.b?
Did you have a recommended approval while you were waiting?
What was the asylum office's response when you were following up on your case?

I have been waiting for the final approval for 11 months. I don't know if it is because of the background check or something else.
I only have a recommended approval

Please share your experience.
 
Why was your asylum case on hold for 2 years? Was it because of the background check (name check) or 212.a.3.b?
Did you have a recommended approval while you were waiting?
What was the asylum office's response when you were following up on your case?

I have been waiting for the final approval for 11 months. I don't know if it is because of the background check or something else.
I only have a recommended approval

Please share your experience.

assylum,

Sorry for not clarifying why my case was on hold.
It was because of 212.3.a.b and I didn't hear from USCIS since my interview in 2007.
FYI: I was interviewed 3 times including my last interview in January 2010.
My case was at Souther California and my lawyer told me back in 2008, my case was sent to USCIS HDQ IN Washington DC.

I didn't have any recomended approval during the time my case was on hold, I was using my EAD for employment.

I didn't contact USCIS until they call me for the 3 rd interview, I just waited ...

For those of you whose cases are on hold due to 212.a.3 (b), I believe approval is on its way, just be patient... AND PRAY HARD.


Should you have any question I am always to glad to clarify ...

Wish you all good luck!!
 
assylum,

Sorry for not clarifying why my case was on hold.
It was because of 212.3.a.b and I didn't hear from USCIS since my interview in 2007.
FYI: I was interviewed 3 times including my last interview in January 2010.
My case was at Souther California and my lawyer told me back in 2008, my case was sent to USCIS HDQ IN Washington DC.

I didn't have any recomended approval during the time my case was on hold, I was using my EAD for employment.

I didn't contact USCIS until they call me for the 3 rd interview, I just waited ...

For those of you whose cases are on hold due to 212.a.3 (b), I believe approval is on its way, just be patient... AND PRAY HARD.


Should you have any question I am always to glad to clarify ...

Wish you all good luck!!

Did they tell you that your case was on hold because of 212.3.a.b?

I though 212.3.a.b is only for green card application not for asylum application.
Now I started to worry because I haven't heard anything from USCIS since they issued a recommended approval? I hope my case is not on hold.
 
assylum,

First of all INA 212 A.3(B) can be triggered any where in the process (if it applies to your case); It can be during the affirmnative asylum stage, adjustment of status or even application for naturalization.
If you want to know whast is happening to your case , call the USCIS office where your case was handled and in 2-3 weeks they will send you a letter why your case was delayed. One of my friend got this famous 212.a.3(b) letter couple of months ago for his I-730.

FYI: if you case is on hold due to INA 212.a.3(b) USCIS won't hide it from you; they will explicitly tell you it is on hold due to ....

Wish you good luck!!
 
assylum,

First of all INA 212 A.3(B) can be triggered any where in the process (if it applies to your case); It can be during the affirmnative asylum stage, adjustment of status or even application for naturalization.
If you want to know whast is happening to your case , call the USCIS office where your case was handled and in 2-3 weeks they will send you a letter why your case was delayed. One of my friend got this famous 212.a.3(b) letter couple of months ago for his I-730.

FYI: if you case is on hold due to INA 212.a.3(b) USCIS won't hide it from you; they will explicitly tell you it is on hold due to ....

Wish you good luck!!


That bit caught my eye. What do you mean by USCIS telling us?

My dad received a generic standardized mail when he made an inquiry about his I 485 application that he'd filed 12 months prior to him making that inquiry. All he received was a mail saying "you appear to be inadmissible...at this moment we haven't declined your application....waiting for waiver" and what not.

He wasn't given any specific details and I haven't heard of anyone who's been given a detail for that matter.
 
the.walker,
What I mean the letter USCIS sends you when your case is on hold is clear that your case is on hold due to INA 212.A3(B). Here is what INA 212.a.3(b) says:


"Engage in Terrorist Activity" Defined:
As used in this chapter (Chapter 8 of the INA), the term, "engage in terrorist activity" means in an individual capacity or as a member of an organization:

to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
to prepare or plan a terrorist activity;
to gather information on potential targets for terrorist activity;
to solicit funds or other things of value for:
(aa) a terrorist activity;
(bb) a terrorist organization described in Clause (vi)(I) or (vi)(II);
(cc) a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity;
to solicit any individual:
(aa) to engage in conduce otherwise described in this clause;
(bb) for membership in terrorist organization described in Clause (vi)(I) or (vi)(II); or
(cc) for membership in a terrorist organization described in Clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization’s terrorist activity; or
to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training:
(aa) for the commission of a terrorist activity;
(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;
(cc) to a terrorist organization described in Clause (vi)(I) or (vi)(II); or
(dd) to a terrorist organization described in Clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization’s terrorist activity.
This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that that this clause should not apply."


///
 
Asylee_2007, that is fantastic news! Congratulations!

One more that survives the dreaded 212.a.3.b... Excellent!

To all of you still waiting, it is important to remember that the letter says they can't "approve or deny" the application, so if you are an asylee, you continue to be one until they CAN decide. So far, I have not heard of the first case of someone being denied after the 212 hold. I'm sure there are cases, but probably people that really had a reason to be 'inadmissible', because only those of us who feel that putting a hold on on our cases is unjust and ridiculous are the ones who come to forums like this looking for answers and hope. I know that people with derivative applications are in even harder situation, but all there is to do is have a lot of patience. My case was on hold for under a year since I first received the 212 letter until I received my GC. I contacted two attorneys and both suggested filing a FOIA (which I did) to try to obtain more information. One of them said we could try to gain more information through connections inside USCIS (which I didn't do) while the other said that because of the hold there was nothing they could do and that they wouldn't take my money just to sit and do nothing but wait. I was also advised to call USCIS every month (which I did) just to have someone looking at my file so it wouldn't get "forgotten at the bottom of somebody's drawer". I'm not gonna lie, I had very difficult times during the weeks following the letter, and at the time I couldn't find many people in a similar situation, then I found this forum and started this thread and soon I realized that there are possibly thousands of people on hold and it was not just me. That helped me stay sane and hopeful.

In summary my advise is, wait patiently and don't give up hope. Consult an attorney on your particular case and then talk to another one. Seek as much professional opinions you can. Setup a reminder on your calendar to call USCIS every month, even if they tell you to call again in 3 or 6 months.

Finally, keep posting your experience here so people that come after you can benefit from our experiences.
 
Hi everybody,

Today, I received the below e mail reply from my Senator for the letter I wrote her back in January 2010 on the 212 (a) (3) ( b) ...

So, what we are writing is not all in vain ... let us keep on fighting for fairness .
"
Dear xxxxx

Thank you for writing to me to express your concerns about the impact on families of the "material support bar" in U.S. immigration laws. I appreciate hearing your thoughts on this sensitive matter.

As you know, foreign individuals and their family members can be denied admittance to the U.S. if it is determined that they have engaged in or supported the commission of terrorist activities. Following 9/11, these prohibitions were expanded to include individuals who have provided material support (including a safe house, transportation, communication, or funds) to certain terrorist entities. This includes "Tier III" groups, or undesignated terrorist organizations.

I recognize that you have concerns that these prohibitions are too broad. It is my understanding that the Secretary of State and the Secretary of Homeland Security are exercising their authority to waive the "material support" bar for certain qualified groups of refugees, including for example, the Hmong and Montagnards in East Asia.

I support comprehensive immigration reform, which includes improvements to bring U.S. families together and to ensure that immigrants and refugees receive fair and timely consideration of their applications. I also strongly believe that immigration reforms must close loopholes that terrorists have used to exploit our immigration system. The attempted December 25, 2009 bombing of Northwest Flight 253, for example, raised serious questions about how the U.S. Government identifies individuals affiliated with or acting on behalf of a terrorist organization. We must do a better job of distinguishing between those who wish to do the U.S. harm and legitimate immigrants and refugees. I appreciate hearing your suggestions, and I assure you of my commitment to working with the President and my colleagues in the Senate to evaluate how these standards and procedures can be improved.

Again, I appreciate hearing your suggestions. If you have any additional comments, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841.




Sincerely yours,
Dianne Feinstein
United States Senator
"

Keep on pushing guys ...
 
Hi everybody,

I just receive my GC today. Now I have the real GC on hand after my case was on hold for almost 5 years. I have apply for my GC since August 2005. I just receive my GC on Feb 2010. This is such a long time for USCIS make a decision. For all of you whose case was on hold due to 212 (a) (3) ( b) don't worry you will get it approve just sooner or later. I wish you all good luck. Now I have a long way to go.

Saxo how long did you wait for your GC?
 
Congratulations ricky.., wow finally after 5 years of uncertainity. btw, what do you guys suggest for my situation. my i730 is on hold. i'm on f1 (student status). my wife barely makes enough money for us to survive. whatever savings and help we have will only pay for my 2 semesters of school.and it will be a total waste cuz i already have the degrees i need and i am in no mood to study with a mind like this. should i rather leave the country and come back after my i730 gets approved? but the problem is what if it takes 8 - 9 years. do i 730s usually get approved for asylees on hold if the beneficiary is in the USA? she can't go back with me cuz her life is in danger, and they won't let me stay here :( damn, what should i do? also, we haven't received anything in the mail. they only sent us an email saying our case is being put on hold for 212 a 3 b when we inquired about the delay in december of 09.
 
Cortaidus,

Your I-730 being on hold is really weird because primarily, I-730s of derivative asylees outside the U.S. are automatically inadmissible. Like I've already mentioned, I received my approval a year ago since I was already present here and I didn't need a visa. If I were you, I'd make phone calls to the USCIS every 2 weeks ( only for your case now the time being, I doubt your wife is in any desperate need for her GC right away). This is ridiculous and I can understand what's going on. Keep patience bro.
 
One more thing, I'm beginning to feel frustrated with the lack of "our" efforts. Believe it or not, personally, I feel more optimistic when I hear about people receiving their approvals, it just elates me! There are a bunch in here who don't even post or seem to check this topic on a regularly basis. We've got to do something about this instead of sitting down quietly.

How many of you have taken infopasses? I bet some that have already taken infopasses must've been told " we can't do anything as this is out of our hands " by the USCIS officers. My dad got told the same thing previously but yesterday, a different officer asked us what she wanted us to write to the USCIS because basically, there's very little the officers can do for us. So I had her write them to either expediate or actually go over the file and hand us our approvals ( I-730s and I-485, my dad's ). And guess what? She gave us a print out that included a reference number and asked us to call the USCIS after March 27 because she's put a request to process our pending cases. Hence, I'd urge you all to do something. If you get returned by a USCIS officer, take another Infopass after 2 weeks. Sitting down quietly without doing anything might yield you some good, but the possibility of your cases being handled in a prompt manner should increase with you doing something about it.
 
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