I am no Terrorist, any advice?

[hecate]

Hey, I don't understand that ur wife was in USA as asylum status? And, why did u send her to canada? What is the reason? Why did the immigration officer call to u and threat u to deport u? Did he suspect ur wife who wasn't staying longer in USA?

just like locker9 understood, let me rephrase so every one understands, I am disclosing these information not because I am trying to put negative things in you mind but because what happened to me should not happen to any one else so be safe than sorry, I was married in my country and had to leave immediately, my wife waited from 1993 to 1996, and then asked for divorce since the asylum decision took so long, then USCIS falsely informed in 1999 on my I-485 receipt that my application has been received and it usually takes 471 to 501 days for processing this application, based on that I married a British so I could sponsor her in few months when I get my green card, British citizens can come and go with no restrictions but she was stopped on her 4th arrival, she was given hard time, as we were married they thought she is working here, even though she did not break any immigration law, so third one was nikah ( a Muslim acceptable marriage, but not acceptable under US applicable laws) with a Canadian, this was done so it would not be a problem like before, but they still banned her, through out this time I followed all the instructions in accordance with the laws of the US immigration, my attorney told me there is no fault in my actions, but the USCIS after I approached the congressman told me they can deny any one an entry at any time without any reason, it is not her right to be allowed in USA, this is a privilege, and they don't want to grant her an entry into the USA at this time.
Guys just be very careful, my case is the worst scenario I hope this never happens to any one, but just be careful, just like asylee_99 informed, you can travel while on hold, but I was pulled out of line in Canada in 2003 for 4 hours by US immigration officer, through out the time they were unfriendly and threatening, my flight was at 2.15 they told me at 2.00 not to bother them and wait for my turn or else I will be in trouble, at 5.15 they cleared me, my attorney told me not to ever travel on travel document unless if it is an extreme emergency, my application is pending since October 1999, I want to know if there is any one waiting for this long, I don't know what is wrong with my file, but I have a clean record, not even a single parking ticket in over 17 years of my presence in the USA. I am still hoping some one on this long wait will come up so I may know what is going on with my file, I went to local service center about 5 times and they tell me they have no information.
On my third Medical I was told my case is waiting for my medical and then I will get my green card, so I sent them my medical but no progress at all.

 

[hecate]

Is it safe investment for an assylee who is on hold to enroll in 401k for retirement?
Will there be any waste of money if DHS decides to deport the assylee?

Normally that does not happen, you really have to do something very illegal to be in such a shape, once if you have been granted asylum, they have to prove the judge before they even consider removal options, once granted asylum ball turns in your court, just like the way they can charge us with 212 a 3 b and we can not do any thing as we have to prove it, and they do not give us that options with excuse of national security confidential information, other wise we will all prove the court about false implications by USCIS, like wise once they grant asylum, to remove us, they have to prove it to the court, the standard of court is unbiased, and very different from the laws of the immigration, if other wise 212 a 3 b is sufficient for them to deport all of us, but again they will never be able to prove it in the court as we all know these charges are so baseless, the only thing they can do is keep us on hold, now luckily with S.3113 the USCIS is left with much little options. Thanks to the Sen. Patrick Leahy (D).VT. We should all sent him an email thanking him to honor him for taking such a big step for civil rights and also briefly explain the impact on us for being charged under sec 212 a 3 b, just a thought.

 

[cortaidus]

Hecate, i am sorry to hear what happened to you. but how come you did not consider moving to canada or UK? you would've been a British or a Canadian by now, no?
i was also wondering if you could help me with my question. I was thinking of applying for canadian PR, do you think we could do that or would that kick my wife out of asylee status cuz we're seeking a permanent residency in a different country? if you have any idea about the matter please share. thanks

 

[hecate]

Hecate, i am sorry to hear what happened to you. but how come you did not consider moving to canada or UK? you would've been a British or a Canadian by now, no?
i was also wondering if you could help me with my question. I was thinking of applying for canadian PR, do you think we could do that or would that kick my wife out of asylee status cuz we're seeking a permanent residency in a different country? if you have any idea about the matter please share. thanks

a) I was not legally married to Canadian, while she was not allowed to come to USA there was no possible way as I was stuck here and she was stuck there, the one with British was prior to Canadian, with that marriage, due to my optimistic thinking as I was misguided by INS (at that time it was INS) that it will take 471 to 501 days for them to adjudicate my case, according to them I was almost there, so I thought I can sponsor her as soon as I get my green card, but she did not wait as it was 60 days every time I called the INS and she was so frustrated, and then one day I got a call from her family that she wants to end this without any compromise.
b) About your question it really depends which political party are you affiliated with as some of the members who were charged as 212 a 3 b of the ina were also denied by immigration in Canada based on the US laws, Canadian's strongly support USCIS in some cases, so you should make sure before going to Canada, if that is the option then consider claiming your FICA as you lived and worked legally so you should be entitled to your contribution and your employer contribution, ( I asked my attorney and he said depending on circumstances you should be able to raise the issue of your FICA hold) if Canadians can accept your application then I think it is a good option, as things in the USA are getting more and more tougher.
c) Your asylum grant letter clearly explains if you have accepted any residence in another country and settled down in another country you loose your asylum status immediately. If you can apply for employment based visa in Canada and you or her can have sufficient points, or either one of you can score sufficient points, then it will be easy to immigrate to Canada, (no matter what happens do not hide the facts about your affiliation with the political party you were with as they will eventually find out and then later deny you on the basis of concealing information), I unfortunately don't have that option since I am 47 years old, and that decreases my points, I was going to do this after 911, but decided against it as I thought USA will always stand up for human rights as it is criticizing other countries on such grounds how can things change in this country because of 911, they know we are here working hard and sincerely living in the USA, now I deeply regret that decision of staying in USA every day, but there are no other options.
d) I can better answer your question if you can tell me, is your wife and you are both on asylum, or is it one of you, and if it is one of you which one of you is an asylee.

 

[cortaidus]

thanks Hecate. My wife's an aslyee. I am waiting for my I730. I am never involved to any political groups. she was involved in democratic student group attached to Nepali congress. this is a mistake and we're paying Hefty for it.

 

[hecate]

thanks Hecate. My wife's an aslyee. I am waiting for my I730. I am never involved to any political groups. she was involved in democratic student group attached to Nepali congress. this is a mistake and we're paying Hefty for it.

Ya I guessed so, if you were actively involved in a political party against your government even though you were being persecuted they look at you as a terrorist under READ ID act and patriotic act, as you were opposing to your government, which is so stupid, it is like charging republicans since democrats are elected, the law was passed in total derivation of aggravation (hate ) due to 9.11 and not carefully watched in compliance with the constitution, and for this reason it is in breach and violation of its own law on 1st, 3rd and 5th amendment ( freedom to a political opinion) and it is therefore void, I was mainly helping people with college admissions forms and process in my law college, when I was a law student, and helping people just to help as a good senior final year law student and I was never involved in any violation, but since it was the political party I was in and that party was opposing the government, just being a member is sufficient to charge me as a terrorist, we are in the same boat.
Good news is you can get points basis visa to Canada and later call your wife, you should definitely consult an attorney in Canada, you can find plenty of them on the internet, this way both of you can be out of this mess, since your wife will be entitle to Canadian VISA with your approval, it will be a good idea to speak to a lawyer, but right now it is hard to advice as the new S.3113 may help quick process our cases in USA, lets keep our fingers crossed, if not you have other options in Canada if you are educated and under 44 years old, do test your self as skilled worker points for Canadian immigration.

 

[cortaidus]

I don't understad, how can you file a political asylum without being involved in politics. and where in the world is there a political party who does not oppose the government at some point. what's wrong with protesting the government in peaceful , non-violent way. sadly, this law promotes dectatorship. our country was ruled by kings who were against democracy, and the maoists, they were the killers. Yes, Nepali congress protested against such enemies of the country, but wouldn't any civilized -democratic population in the world do the same?

 

[mo77]

Howdy all!

Well May God have mercy on all of us and make things easier for all of us!! Ammen!!

Anyways, Do not forget today is MEMORIAL DAY. So have a Happy and Blessed Memorial Day!!

Take care all!

Peace~

 

[Selam_all]

The USCIS do have jurisdiction to adjust the hold cases! They just don't have the balls!!

What is up guys? It has been awhile since I wrote something. I am in the same category of the held cases.
The USCIS do have a way to adjudicate our hold cases. What they don't have have is time, money and political will. Do you know that they have A worksheet called " Att3: Implementation CAA,Sec 691: 212(a)(3)(B) EXEMPTION WORKSHEET? This gives them a direction how to exempt the hold cases.

As I mentioned above, they may not have time. On the other hand, I-485 cases are taking now less than a year to process them; so we can eliminate the time constraints. The issue of money, most of the asylees did pay over $400 ( with the exception of refugees) for the adjustment process. We can eliminate that excuse too. That means they do have the resources. The problem is there is not political will to take action on our cases: mind you we" appear to be inadmissible under terrorist related grounds of the INA'.

Nobody has any goddamn balls to stand up for us: for the truth. That is it guys. It is all damn politics. ' Oh no! These aliens appear to be terrorists, I can't stand up for them, that is going to kill my political career.' This is how any politician would think, may be not in our faces.

We need to bring this to the open. I don't won't to be falsely accused of terrorism. I am an aslyee; I run away to escape terror! Let me be clear: I am against terrorism in any form or shape. I oppose anyone who commit terrorist act may that be an individual or a government. Opposing an entity retrospectively should never made me appear a terrorist. Otherwise, we have to redefine the word terrorist so that everyone could have the same understanding.

The PATRIOTIC and the REAL ID Acts do have some flaws. The first time they were written, they put the American government as a terrorist organization. Because, the American government opposes any entity that is terrorist in nature. Well, they made an amendment to exclude the USA and other allied nations from this flawed law.

Now, we can't wait for an amendment to the law. That is never going to happen in our life time. What we can do is to force the USCIS to use the existing waiver form, above, to adjudicate our cases. My only concern is, at least in most of our cases, what the hell are they going to waive? Waiver implies that we did something wrong, doesn't it?

Mind you, I love this county. This is my home. I am free to express what I feel. I am working. I am lucky in that case. I just need more: I need peace of mind.

 

[assylum]

Thanks for that asylee_1999.

So this does explain why my compatriot was allowed back in. If we have valid RTDs, we can leave and return since we're asylees afterall.

I would like to get the same email to keep a copy of it with me to show the border staff in case they gives me hard time.

How can I contact USCIS to get that email or letter?

 

[hecate]

I don't understad, how can you file a political asylum without being involved in politics. and where in the world is there a political party who does not oppose the government at some point. what's wrong with protesting the government in peaceful , non-violent way. sadly, this law promotes dectatorship. our country was ruled by kings who were against democracy, and the maoists, they were the killers. Yes, Nepali congress protested against such enemies of the country, but wouldn't any civilized -democratic population in the world do the same?

It is all a matter of luck, they basically try to knit pick your statements from your explanations and with no clue find some thing that can be framed around, you should go to Wikipedia and read real id act and see what may have been the reason, as they will not give you any details.
Unfortunately now there is a dirty politics in political asylum even though it should be free from all bureaucracies, as I said earlier it was in retaliation with ignorance and hatred, it was written in haste and short time. They put their own allied groups as terrorists and the waiver was signed.
Initially political asylum was not okay if some one does terrorist activity, let me ask you a question, if some one kills innocent people and does some thing destructive in his country and takes asylum in USA, don't you think that person should be charged as a terrorist instead of asylee, now if it is exaggerated and lets say people came on the streets and opposed and in that procession there was any minor damage to any government property, may it be a light bulb, that act now becomes a terrorist act.
This is so bogus, and baseless, no wonder why the USCIS has been avoiding to detail out the info, they don't know how to justify their hold.
I am peaceful and love USA too, but sorry how they paid me back for over 17 years of hard work and law abiding life.

 

[hecate]

What is up guys? It has been awhile since I wrote something. I am in the same category of the held cases.
The USCIS do have a way to adjudicate our hold cases. What they don't have have is time, money and political will. Do you know that they have A worksheet called " Att3: Implementation CAA,Sec 691: 212(a)(3)(B) EXEMPTION WORKSHEET? This gives them a direction how to exempt the hold cases.

As I mentioned above, they may not have time. On the other hand, I-485 cases are taking now less than a year to process them; so we can eliminate the time constraints. The issue of money, most of the asylees did pay over $400 ( with the exception of refugees) for the adjustment process. We can eliminate that excuse too. That means they do have the resources. The problem is there is not political will to take action on our cases: mind you we" appear to be inadmissible under terrorist related grounds of the INA'.

Nobody has any goddamn balls to stand up for us: for the truth. That is it guys. It is all damn politics. ' Oh no! These aliens appear to be terrorists, I can't stand up for them, that is going to kill my political career.' This is how any politician would think, may be not in our faces.

We need to bring this to the open. I don't won't to be falsely accused of terrorism. I am an aslyee; I run away to escape terror! Let me be clear: I am against terrorism in any form or shape. I oppose anyone who commit terrorist act may that be an individual or a government. Opposing an entity retrospectively should never made me appear a terrorist. Otherwise, we have to redefine the word terrorist so that everyone could have the same understanding.

The PATRIOTIC and the REAL ID Acts do have some flaws. The first time they were written, they put the American government as a terrorist organization. Because, the American government opposes any entity that is terrorist in nature. Well, they made an amendment to exclude the USA and other allied nations from this flawed law.

Now, we can't wait for an amendment to the law. That is never going to happen in our life time. What we can do is to force the USCIS to use the existing waiver form, above, to adjudicate our cases. My only concern is, at least in most of our cases, what the hell are they going to waive? Waiver implies that we did something wrong, doesn't it?

Mind you, I love this county. This is my home. I am free to express what I feel. I am working. I am lucky in that case. I just need more: I need peace of mind.

You were so right with this theory if you had shared this a month ago, but there is a good news, there have been politicians who have made the move, and case by case reviews are under process, and they have already been forwarded and gradually being forwarded every day, soon people will be hearing good news if they share it with us it will be nice, Senator Patrick Leahy (D).VT with support of senators and the house passed a bill "111 TH CONGRESS S.3113".
I don't know what is the priority of adjudications, how fast and efficiently they will adjudicate the cases and how many per day cases will be completed, if it is based on their political parties, countries or the time case has been pending, but if people who get adjudicated come and share we will soon have clear picture.

 

[cortaidus]

Hecate, thanks for all you do for us in this thread. I have gained a lot of valuable information from you. however since i lack good knowledge of politics and law, sometimes i have hard time comprehending the information. hope you don't mind me asking this, but are you saying that the 111th congress s.3113 bill has been passed and now USCIS will unfreeze our cases? i tried to google the term and nowhere found it being passed, i guess i don't even know what to look for. yesterday, you were suggesting me to apply for canadian PR to get out of this mess and today it looks all green. if you have some time would you please care to share why you think good news will be out soon...
thank you once again Sir...

 

[samdalas40]

Hecate, forgive me if I am mean, you are right, you probably don't understand the US political system well, "S.3113" has not been passed yet, it's still in the committee, and it still has a very long way to go before it ever becomes a law. Please let's try to be factual and also try to validate information before spreading false hope.

 

[hecate]

Hecate, thanks for all you do for us in this thread. I have gained a lot of valuable information from you. however since i lack good knowledge of politics and law, sometimes i have hard time comprehending the information. hope you don't mind me asking this, but are you saying that the 111th congress s.3113 bill has been passed and now USCIS will unfreeze our cases? i tried to google the term and nowhere found it being passed, i guess i don't even know what to look for. yesterday, you were suggesting me to apply for canadian PR to get out of this mess and today it looks all green. if you have some time would you please care to share why you think good news will be out soon...
thank you once again Sir...

I just recently received a letter from USCIS and the letter says my case is on hold and is being reviewed, USCIS further informs " Please understand that the review is a part of the process in adjudicating 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".
This brings out a hope, but only God knows how long will the review take, let us all keep ourselves updated with any fresh information we receive.
I don't exactly know what to tell you, it has been over 17 years for me, I may receive my green card today or may wait another 17 years or who know may be denied (which should not happen), based on that, Canadian immigration is not speculations, it is a sure thing and I-485 is totally speculation, so I would go to Canada if I was in your place, I said that thinking and putting my self exactly in your place, I regret not going there when there was an opportunity 3 years ago as I had the experience to qualify but now I have lost points because of my age, If I had known, that in future I will be charged as 212 a 3 b of the ina, I would have at least gone there, as a matter of fact I would have stayed in Canada in 2003 instead of coming back on my travel document .
Canada is more stable as compared to the harassment we all went through. My entire family including my parents, all my siblings and my son (who is in Canada) are all US citizens, the only fear I had back then was what if I go there and if stopped at the border, how will I see my family, my nephews and niece are very attached to me, if there was a surety of being allowed in I will honestly find every possible way of going to Canada, at least there is no hatred in Canada like here, the immigration department treated me so nicely there, and here, where I am paying taxes for 17 years I was detained for 4 hours and so badly mistreated, so I advised based on what I believe, remember you are the best person to know your circumstances also understand I found out about 212 a 3 b on my file in September 2009, before that I was in the impression that my file may have been lost, I was told by immigration experts that my file has been lost, so I wrote a letter to Senator and the reply came back saying that my file is not lost, and the congressional liaison went through my file, however they are lip lighted in this regard, and I was thinking what have I done so bad that they are lip lighted. You should also understand there are some political groups in 212 a 3 b of the ina that were denied asylum in Canada based on the actions by the US so be very careful and hire an attorney, or you may wait as these recent changes may hopefully bring out some thing positive in the USA.

 

[hecate]

Hecate, forgive me if I am mean, you are right, you probably don't understand the US political system well, "S.3113" has not been passed yet, it's still in the committee, and it still has a very long way to go before it ever becomes a law. Please let's try to be factual and also try to validate information before spreading false hope.

You have to understand if that law would have passed by now we won't be here on these Forum, once the bill passes there is no wait, it immediately becomes a law, I appreciate your interest but if you see "May 19, 2010: Committee on the Judiciary. Hearings held" it brings a lot of positive hopes, we still don't know the outcome but again with democrats in majority I am hoping it will pass, no one knows when, but it does bring out the points for the first time where it is pointed out clearly against 212 a 3 b of the ina as passed earlier in 2005 real id act, let me know what you think about it.

 

[locker9]

... "but there is a good news, there have been politicians who have made the move, and case by case reviews are under process, and they have already been forwarded and gradually being forwarded every day, soon people will be hearing good news if they share it with us it will be nice, Senator Patrick Leahy (D).VT with support of senators and the house passed a bill "111 TH CONGRESS S.3113"." damn i was so hopeful.. i am sorry, i am not educated in the usa so i tend to misread it sometimes...

 

[hecate]

... "but there is a good news, there have been politicians who have made the move, and case by case reviews are under process, and they have already been forwarded and gradually being forwarded every day, soon people will be hearing good news if they share it with us it will be nice, Senator Patrick Leahy (D).VT with support of senators and the house passed a bill "111 TH CONGRESS S.3113"." damn i was so hopeful.. i am sorry, i am not educated in the usa so i tend to misread it sometimes...

I apologize for the language not so detailed and accurate, senator Leahy with the support of Sen Daniel Akaka, Sen Roland, Sen Richard Durbin, Sen Carl Durbin, have introduced a bill in a house, you should still be hopeful as you know this is the only move so far in so long, this is what I understand to the best of my understanding, besides what else is the option.
The information I provide is by resources from all over places, including my friends and internet you know I am just like you sitting on a hope and learning from all of us, and I would hate to get or give wrong info deliberately, I am not an immigration professional and by reading we communicate and correct each other and thus conclude the theory.

 

[The.Walker]

Hecate, you're jumping way too ahead. Its a good thing that the bill has been introduced but lets wait for the bill to get passed, shall we?

Optimism and reality are two different aspects. You can afford to be optimist but this is a matter related to our lives. Don't be too optimistic.

You said you've received a mail from the USCIS that your mail is being reviewed. They're just trying to fool you and in doing so, consoling you. Nothing more.

My dad received a "actively processing" nonsense 3 months ago. But guess what? He received the same bulls*** a year ago when he put in a service request. They send the same nonsense, over and over again and it appears that it is a standardized nonsense, meaning, they send the same crap not just to an individual but many others - just like they've sent the exact same "you appear to be ... " nonsense.

By no means, I'm having a go at you or anything but I want you to be reasonable and face reality. People have waited for 10 years. 5 years. 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.

These halfwits are so inconsistent. A vast majority of people from my country, as a matter of fact, almost everyone has filed for asylum representing same Political party. Most people have already received their approvals, a select few, the unfortunate ones, have been put on hold. This is inconsistency and illogical. How can they f*** up like this?

The head of the USCIS is the one who HAS to be tagged along once the attorney gets back to us. She's doing absolutely NOTHING. She has shown absolutely no desire to rectify this massive f***up on the USCIS part. This is a massive error that has split thousands of families and she has done nothing.

The term "terrorist" is thrown around in such a cheesy and effortless manner in this country this it is ridiculous.

Our ONLY HOPE is suing their asses. You're having a serious laugh if you're ONLY going to rely on Senator Leahy. I'm not saying that it is not OK to not rely on the bill but it can take months, if not years before it becomes a law. Do you really have the patience to wait to see your family members?

The situation, as it already is, means that even if your hold gets passed, it might take a few months before your I-730s get passed. Further, it normally takes up to a year before your family members receive their visas in the COP. My mom and brother have already waited for 3 years and there are no signs of getting this hold getting adjudicated.

Like Selam_all, has already pointed out, they just don't have the balls and desire to do anything. We need to FORCE them to act! The only way that we could do it by taking them to the court. We're not terrorists. Lets act for the sake of ourselves!

 

[cortaidus]

" 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.