I am no Terrorist, any advice?

What do you guys think of this post? this is the most optimistic post i have seen in a while but looks like no one believe in it.. is there a chance of such things happening in near future? this post deserves lot more discussion then it got earlier. here is the post :

Originally Posted by HBA
Hi all,


Here is new information I got from leading experts on the issue of inadmissibility due to material support of a Tier III terrorist organization. It provides some hope that there will soon be movement on the I-485 Applications for Adjustment of Status that are on hold pending a determination of material support issues.
We've been told that DHS is actively considering 12 Tier III groups to designate for exemption authority, and that they're looking at the Tier III groups that affect the largest number of individuals on hold first. They're hoping to start designating some more Tier III groups for exemptions in September. The Administration has said that ½ of the cases on hold will be resolved by the end of this calendar year, and that ALL of the cases on hold will be resolved by the end of 2011. They keep repeating this, although I'm not sure how they will meet this goal. It is the first commitment on timing we've had from them, so maybe we'll see some progress soon.
 
cortaidus said:
What do you guys think of this post? this is the most optimistic post i have seen in a while but looks like no one believe in it.. is there a chance of such things happening in near future? this post deserves lot more discussion then it got earlier. here is the post :

Originally Posted by HBA
Hi all,


Here is new information I got from leading experts on the issue of inadmissibility due to material support of a Tier III terrorist organization. It provides some hope that there will soon be movement on the I-485 Applications for Adjustment of Status that are on hold pending a determination of material support issues.
We've been told that DHS is actively considering 12 Tier III groups to designate for exemption authority, and that they're looking at the Tier III groups that affect the largest number of individuals on hold first. They're hoping to start designating some more Tier III groups for exemptions in September. The Administration has said that ½ of the cases on hold will be resolved by the end of this calendar year, and that ALL of the cases on hold will be resolved by the end of 2011. They keep repeating this, although I'm not sure how they will meet this goal. It is the first commitment on timing we've had from them, so maybe we'll see some progress soon.
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cortaidus I have heard this from one of the paralegal at asylum program and I was told that this is not a confirmed news, nothing in the immigration is confirmed, I have 2 confirmed letters from immigration including one informing that my case is at the local office and they will contact me for interview, this was back in 2000 and 2007, if you remember in the past, one day I said on the thread good things will happen soon, this news that you have posted was the reason why I said this and then there was some rising heat and comments so I decided not to share it and I was glad I did not spread it out, but now that you have posted one post from the past, I don't know it may be true, I hope it is, I am polite with any rumor as long as they are not falsely made up but there are people who get upset and I feel bad in sharing some thing that may be disappointing but then how much time does it take for USCIS to surprise us with some thing good or bad, we all know.
I will keep my fingers crossed but lets hope this happens.
 
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Selam_all said:
Hecate, you are right! Asylum status is conditional in that, if the USA government determined that your country of persecution is safe, they can send you back home. That is very unlikely, though. I still have to come with that scenario yet. This will happen when your are applying for asylum and suddenly there is a change of country situation. This will happen if the change in your country happen to be just before your asylum hearing and was discovered and is material in your case. That can derail your asylum case. You asylum will be denied and you have to go through appeals process, which will take a lot of time and money, before you will get deported. Once you get asylum status, it is very rare that the government will try to deport you to your home country. Unless of course you are stupid enough to commit some offenses that will make you inadmissible and deportation proceeding will ensue. Other than that, there is not much difference between a GC holder and an aslyee when it comes to benefits. Of course, you have the peace of mind of GC holder and that you may apply for Citizen within 5 years.

BTW, The.Walker, you don't decide who belongs in this group! Anyone is welcome. Remember this is a free country where anyone can express their ideas freely! Again, I am going to stress to those asylees who are affected by the 212a3b hold, if you have money to burn, go a head file for Writ of Mandamus. It is not cheap at all. We can't fight this as individuals, we need to fight this as a group. It is the law's application where the problem is. It has nothing to do with us individually. Good luck to everyone and be patient!
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Selam_all thanks for taking time to answer my question, though when I was granted asylum in 1998 and that was after almost 6 years of wait, it was informed on my asylum approval that "asylum does not give you a right to stay permanently in the USA and the asylum status can be terminated if you do not have well founded fear of persecution in your cop or if you involve in the criminal offenses, including terrorist related activities, drugs and narcotic activities or a felony" I don't remember exact words, but this was on the letter on asylum grant such things make me a little paranoid, how ever I have not committed or will not commit any crime that is in my hand but conditions of cop is not in my control and that now my entire family including my parents and every one in my family is a US citizen it is a big fear of being denied based on that, there has been no mental peace since past 11 years to be honest.
 
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Hecate, have a peace of mind. I can assure you that even if there is a change in your COP, assuming towards democracy, it is very unlikely that the government will issue deportation proceedings against you. You have been here for over 18 years( I am guessing), you seem to have good moral character and an established family ties: these things will make it harder and not to the best interest of the American public to waste tax payers money to pursue deportation proceedings. It would not make sense at all. You needn't have to worry about this thing from happening. It is enough that we have to worry about the 212a3b nonsense. Yes, lets worry and deal with this issue, but never lose sleep over it! Oh, BTW, I am not an attorney and by no means my comments are of any legal advice. It is just my penny worth comments. Peace and good luck to all of us.
 
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, I'm not arguing with you or "fighting" you. We're in the same situation but different perspective, I suppose. Patience has worn me ragged and I'm not gonna stay quiet anymore.
 
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Hi All,

I was very surprise the way the people react to what I posted July 2, 2010 I was just trying to tell every one that was some hope. I don’t thing it is any body interest to lie. One thing I am sure is Writ Mandamus very risky and a lot $$$$. Unless you're arguing that the activity does not in fact constitute "terrorist activity" under their current interpretation, or that there was duress. Litigation is a possibility, but there are risks involved.

Let us give 6 more months

I would like to know more about Class Action Lawsuits
 
Cortaidus, I think nobody's said anything because it does sound too good too be true. Further, after what someone else shared ( remember the one where it mentioned how everything would be approved by September etc. ), nobody's willing to buy this sort of thing anymore. Of course, if one were to believe on this, he'd get all excited naturally, but for those who already got excited to find themselves deflated, people just aren't willing to buy this.

Btw, I forgot to get back to you. That was a nice article that you shared but there's no date of publication. It could've been posted on 07,08,09 or earlier this month.

Also, I've been told ( by a local church that helps all asylees with applications, GCs, follow ups etc ) that all cases and holds pertaining to the party that we belong to will be removed by the year end but then again, it could just be rumors. Hope you're holding up good man.
 
Hi all the friends
i am new to this thread . However its nice to see giving everybody mental strength ans support to everyone. Hope u will support me too. I am an asylee applied for the lpr . I want to travel to india to meet my family there as it is not the (cop) as well as the best option. So my question is has anybody travel to india with there (rtd) being in the asylee status. If u can share the experience that would be really grateful. How hard is it in the new delhi airport with the (rtd) to return back to us. Does being on hold can effect my travel?
Hope u guys will support
 
Regarding RTD acceptance at New Delhi, they accept it as a passport.
 
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HBA, Nobody's saying that what you shared is nonsense and as as much everybody hopes that what you shared is true, nobody's willing to buy it. That's all.
 
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hey Walker, that article was published the same day i sent you the link. I emailed the lawyer who wrote the article and he sent me that link. On the bottom of the article he's got his email address posted, he seemed helpful to me.
 
Wom

The.Walker, I can understand your frustration. I am also frustrated. I do have family members who are on hold because of me. We do have a common concern. WOM should be done on group bases. It is less riskier. Now, for us to be successful with WOM we need to satisfy three objective with the federal district court:

1. That our claim is clear and certain: I think that is easily established. We do have a legitimate claim to adjust our status to that of permanent resident. Our claim was not denied. It is on hold and the USCIS doesn't a reason to deny our cases. That means we met this threshold.

2. The USCIS duty (through the Attorney General, Mr. Eric Holder) is non-discretionary. We need to be careful here. Under WOM, we are not asking the Attorney General to give us GC(Visa), we are simply asking the Attorney General to adjudicate the cases. Here again we meet the threshold. Remember guys, granting and denying the I-485 application is within the Attorneys General's discretion and the federal district courts or any court for that matter do not have jurisdiction on the subject matter of discretion to award such relief. Let me repeat this again: we are not asking for GCs, we are just asking the Attorney General to adjudicate( process the case) in a timely manner. In this of course, we are hoping for positive outcome.

3. No other adequate remedy is available. Now we can claim that we don't have other venues available for us to force the USCIS other than filing Writ of Mandamus (WOM) with the federal district courts. This is of course true on our side, the claimants. The respondent, the Attorney General, may ague that there is a remedy and that they are working to clear the unnamed Tier III organizations. Here we may not meet the threshold!. The judge may order the USCIS to proceed in a timely manner. The problem is we need to ask the judge to give a specific time for the USCIS to act on the case. The judge may not force the USCIS to decide on our cases.

So guys, this is how the WOM will work and if anybody has some idea on how we can meet the third threshold, we might be successful in adjudicating our case very easily.

Here some some that I can thing of that will help us meet the threshold;
- That it is against family unity
- That is is very difficult for us to travel freely
- That is preventing us from becoming US Citizens in a timely manner
- We are lacking sleep over this issue
- It is creating tension among family members to an extent of breaking up family unity etc

Good luck guys and peace
 
Selam_all said:
The.Walker, I can understand your frustration. I am also frustrated. I do have family members who are on hold because of me. We do have a common concern. WOM should be done on group bases. It is less riskier. Now, for us to be successful with WOM we need to satisfy three objective with the federal district court:

1. That our claim is clear and certain: I think that is easily established. We do have a legitimate claim to adjust our status to that of permanent resident. Our claim was not denied. It is on hold and the USCIS doesn't a reason to deny our cases. That means we met this threshold.

2. The USCIS duty (through the Attorney General, Mr. Eric Holder) is non-discretionary. We need to be careful here. Under WOM, we are not asking the Attorney General to give us GC(Visa), we are simply asking the Attorney General to adjudicate the cases. Here again we meet the threshold. Remember guys, granting and denying the I-485 application is within the Attorneys General's discretion and the federal district courts or any court for that matter do not have jurisdiction on the subject matter of discretion to award such relief. Let me repeat this again: we are not asking for GCs, we are just asking the Attorney General to adjudicate( process the case) in a timely manner. In this of course, we are hoping for positive outcome.

3. No other adequate remedy is available. Now we can claim that we don't have other venues available for us to force the USCIS other than filing Writ of Mandamus (WOM) with the federal district courts. This is of course true on our side, the claimants. The respondent, the Attorney General, may ague that there is a remedy and that they are working to clear the unnamed Tier III organizations. Here we may not meet the threshold!. The judge may order the USCIS to proceed in a timely manner. The problem is we need to ask the judge to give a specific time for the USCIS to act on the case. The judge may not force the USCIS to decide on our cases.

So guys, this is how the WOM will work and if anybody has some idea on how we can meet the third threshold, we might be successful in adjudicating our case very easily.

Here some some that I can thing of that will help us meet the threshold;
- That it is against family unity
- That is is very difficult for us to travel freely
- That is preventing us from becoming US Citizens in a timely manner
- We are lacking sleep over this issue
- It is creating tension among family members to an extent of breaking up family unity etc

Good luck guys and peace
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Salam_all the judges have already ordered USCIS for such action in many cases, but the USCIS continues to take time, there has been several WOM when the USCIS argued that the court does not have jurisdiction over the decision how ever the USCIS may be left with no choice based on national security issues and since the waiver is not available the only option that USCIS has is to deny or other wise the law suit may be withdrawn by the plaintiff, this causes the plaintiff to loose future opportunity to be able to file a lawsuit on the same grounds.
I think there has to be a suit on some other basis, the group law suit if possible should be the time USCIS and the measures USCIS is taking is not in correlation and adequate, or the cases were put on hold on the bad faith by USCIS, as you know I have been living here for over 17 years, if you get a chance to read my threads you can see I have very badly suffered due to all this delay, may be we can bring in settlement against USCIS, remember we have been contributing towards our social security and medicare without any definite status, but just in limbo. The.Walker is dissatisfied because he is suffering like me, when you are so helpless it causes more frustration, specially when you are not guilty of doing any thing, I don't even have a parking ticket since I am in USA and I think they need to learn a lesson that unfair hold can cause some financial settlement for USCIS and that legally every on is entitled to settlement for damages, don't you think this has caused damages to some or most of us.
I deeply appreciate the job you are doing here and taking time to answer and showing interest. These threads are not waste of time, these threads keeps us current because of people like you and me sharing, and yes some times there are rumors but those rumors are true by the poster so at least I appreciate that part of it even if they are wrong.
 
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Walker, he did not write me anything on the email other than sending that link to answer some of my questions. I am greatful that he's the first Nepali lawyer who's concerned about asylees and refugees. He is also the first one to let us know that Nepali congress and NSU are on tier III hold. on that article he states that only remedy so far has been the WOM and even it is not without risk.
Selam_all, thanks for sharing the information above. looks like you have understood the process of WOM thoroughly. I too thought that WOM is too risky and too costly for me, and honestly i did not see a point of doing WOM cuz i felt asylum is a generosity granted on my family and i can't sue them for how much generous they should be. But thats my personal opinion and people have different opinions. What bothers me is that i and my wife have not done anything wrong to get lebelled as Terrorists. this is alligation is very low and drity. any civilized human being would feel disgusted with lebel such as this , so i feel hurt thats all. And if they were going to hold us they should have held us when we filed for asylum not when one wants to bring family over or want to be a productive member of the society by being a LPR. when one gets granted for asylum the same USCIS tells that now they can live in the usa indefinately and bring their family over. After a year when they file for LPR or I730 they are told that they are inadmissible.

just out of common curiosity, how about one files a case for false alligation and discrimination. Cuz thats what it is. As we know most people from political parties get their green card and I730s approved on time. few get held. for eg: if Nepali congress or NSU is on tier III, then how can Leaders and most members of such parties can get their green card in about a month while a member who's never been violent gets held. It should be that all members and leaders should be held. If one files a case in the court isn't judge going ask why is this person suspected as a terrorist, and if USCIS says because of the TIER II of 212 a 3 b , then can't a resonable judge ask in that case howcom most people with such and such party get GC in a timely manner while this person is held? again if the judge is resonalbe he can also raise the question such as why that party is in tier III.
 
Hi Guys,
I was in a trip oversea for 3 week, I used my RTD. everything was smooth, No body in the immigration in or out did mention any 212 bar what so ever. and I guess it will safe to travel if you are on hold too.
 
asylee_1999 said:
Hi Guys,
I was in a trip oversea for 3 week, I used my RTD. everything was smooth, No body in the immigration in or out did mention any 212 bar what so ever. and I guess it will safe to travel if you are on hold too.
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Thanks for the info I will do the same and file for travel document so I can see my son, I have not seen him for 4 years as I was stopped for several hours and my attorney said I should only travel on emergency situation, how long does it take to get the travel document from the date of application these days?
thanks
 
Cortaidus, I called him earlier this morning and he says that filing for WOM is the only way to go. Else, you've gotta wait until a political remedy is "found" which could take anywhere from 1 to 5 years.

Hecate, it takes at least 3 months. I filed for mine about 2 months ago and I'm scheduled to get my biometrics done 2 weeks from now. Go figure.
 
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