I am no Terrorist, any advice?

New update form Anwen. There have been no further exemptions issued since the last time we communicated, unfortunately, and there are a few others that are slated to be issued.
 
Today I recieved a notice from USCIS to do biometrics. It's schedule for Nov 09, 2010. I'm not sure what's going to happen next.

FYI: I applied for i485 in August 08 and have been on hold since Jan 2009. I'm from Ethiopia, CUDP party. Wish me luck.
 
kkebero
Notice of biometrics might be a good sign.I got approved three days after doing my biometrics.Just like u,I equally applied in 2008,found out in Jauary about the hold too.
 
i filed my i-485 in may 2010 and did my bio on july 2010 in TSC, basically been 5 month since i filed i-485 and 3 months since bio, i have not received anything then after and somebody told me i should call USCIS after doing bio if u don't hear anything for 90 days is that right, and just being curious how long is time frame these days after bio in TSC. GOd i m being so impatient and restless
 
drogba,
based on their website,it looks like they are just around April/May files,hopefully you should be getting some news soon.BTW,have you checked to see when you had a LUD.Just pray you don't happen to be among this 'hold thing'.
 
samdalas40

thanks for the reply the Lud changed for 2 days after bio and since then nothing,and offcourse praying everyday,
 
Its about time when DHS should consider adding the pending I-485 inadmissibility on the list of Form 8316 Social Security and FICA refund, there has to be a limit of every delay, and this nonsense makes me consider other options, but prior to that I want every penny of my FICA back, I have been paying this for over 17 years, I do not understand why should we be required to pay such taxes when our fate is so undecided, how can we claim these benefits if we leave the country, and how can it be deducted legally by the government when application is on hold in abeyance.
 
hecate said:
II want every penny of my FICA back, I have been paying this for over 17 years, I do not understand why should we be required to pay such taxes when our fate is so undecided, how can we claim these benefits if we leave the country, and how can it be deducted legally by the government when application is on hold in abeyance.
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Same situation here but unfortunately I think I have the answer. When you file taxes as a non immigrant in the US you do not have to pay FICA. You cannot claim the standard deduction as a non-immigrating alien either. According to IRS rules even if you are illegal you are still considered a resident for tax purposes and get to pay the FICA but also get the standard deduction. So the point is if you ask for the FICA back they might ask you to recalculate your taxes and factor in the standard deduction. In other words...one credit will just match the other debit.
 
praxx said:
Same situation here but unfortunately I think I have the answer. When you file taxes as a non immigrant in the US you do not have to pay FICA. You cannot claim the standard deduction as a non-immigrating alien either. According to IRS rules even if you are illegal you are still considered a resident for tax purposes and get to pay the FICA but also get the standard deduction. So the point is if you ask for the FICA back they might ask you to recalculate your taxes and factor in the standard deduction. In other words...one credit will just match the other debit.
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I did speak to my attorney about it once and he informed me that depending on the grounds FICA can be returned, how ever the current policies does not change for our status for such refunds, I hope you understand that there has never been about 12 years in application pending under normal circumstances, our circumstances are not normal due to this extraordinary bar, I bet you USCIS can not show even one case where this material support bar will not apply in any political asylum application, how have been the political asylum cases getting approved in the past and how will it be approved in the future, I am sure you have read the real ID act and patriotic act, and the recent supreme court ruling on material support bar, (if you have not please read it), please do let me know if you disagree with me.
I am not talking about request for non immigrant status tax refund, this is simple refund and not revise tax refund.
 
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How about Nepal Student Union?

Miss_chang said:
*SA, all Nepali Congress holds have been removed. You should receive your approval pretty soon.
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I am member of Nepali Congress as well as Nepal Student Union. But my case is still on hold with the same reason. There are several Nepalese that I know were on hold due to 212a3b but gradually the number is decreasing. So many of them started getting GC. I have filed GC for my wife and daughter as well and even they are on hold. I am tired and frustrated. I have never supported terrorists in my entire life career. In fact, I was working for human rights in Nepal. Someone suggest me what should I do... PLEASE
 
nepaliasylum,
Have you enquired recently? Try your congressman/woman and tell them that the party you belong to is no longer in Tier III. There is a possibility that your file is just forgotten somewhere in the dusty USCIS cabinets.
 
Recently meaning before a month and half ago. I am even not sure what Tier I fall under. I did try to reach congresswoman's office, but the man handling my case disappointed me saying that "Its a matter of National Security" and he cannot do anything about it. He said that he has been working with congresswoman with last 4 years and he has seen several such cases and can't do anything about it.

How will I know that the party that I belong to has been removed from TierIII. Any official documents or websites?

Thank you very much for your reply. Appreciated. A small word of hope at this critical and disturbing moment matters a lot.
 
nepaliasylum said:
Recently meaning before a month and half ago. I am even not sure what Tier I fall under. I did try to reach congresswoman's office, but the man handling my case disappointed me saying that "Its a matter of National Security" and he cannot do anything about it. He said that he has been working with congresswoman with last 4 years and he has seen several such cases and can't do anything about it.

How will I know that the party that I belong to has been removed from TierIII. Any official documents or websites?

Thank you very much for your reply. Appreciated. A small word of hope at this critical and disturbing moment matters a lot.
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I think you should get it soon but just in case try contacting your senator, or you can sent email to Melanie Nazer she is the most helpful person in this time of misery her email address is melanie.nezer@hias.org
 
what can I say I just opened my mail I received a letter from the Congresswomen the USCIS has replied telling them the same old story about my case except for this time they added that the DHS is unlikely to approve my case
Now please what should I do I'm completely lost this is it its done for me
 
totallylost said:
what can I say I just opened my mail I received a letter from the Congresswomen the USCIS has replied telling them the same old story about my case except for this time they added that the DHS is unlikely to approve my case
Now please what should I do I'm completely lost this is it its done for me
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This is scary for most of us, I hope you misunderstood, can you exactly type word by word so may be some one on this post may read it and explain if some thing similar has been sent to some one, also did you try contacting Melanie or Hughes.
I am not trying to disrespect you but it looks like it has been misunderstood, please take your time and type the entire letter word by word if you can and we can see what it is pointing towards, it is not possible for DHS to take such an action unless there is a serious issue (criminal history), which looks impossible in your case.
 
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hecate said:
This is scary for most of us, I hope you misunderstood, can you exactly type word by word so may be some one on this post may read it and explain if some thing similar has been sent to some one, also did you try contacting Melanie or Hughes.
I am not trying to disrespect you but it looks like it has been misunderstood, please take your time and type the entire letter word by word if you can and we can see what it is pointing towards, it is not possible for DHS to take such an action unless there is a serious issue (criminal history), which looks impossible in your case.
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totallylost also google "INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS" to learn more in regards to your issues and options.
 
ok guys here is the letter by word:

Dear...........
My office received a response to the inquiry i made on your behalf to USCIS regarding your request for an adjustment of status.
According to USCIS, your application is on hold as you do not meet the requirements as outlined in Section 212(a)(3)(B)of the Immigration and Nationality Act.Rather than denying your application based on your eligibility,the Department of Homeland Security is holding your application while the Secretary's discretionary authority.However,please understand that the Secretary of Homeland Security granting your change of status is highly unlikely.
I apologize again and wish I had better news to share.If I can be of assistance in any other federal matter ,please do not hesitate to contact my.............office at......................

the above is the letter its very clear I have no criminal record what so ever not even one single traffic violation nothing ...so are they approving some cases and the rest are doomed or what would it help to see a lawyer again
 
I e-mail Melanie to check on update that is what i got from her.
No, unfortunately I do not have any additional updates. DHS keeps saying it will be soon, but they have given no timeframe.

Melanie Nezer

I am planning to e-mail her again to find out if they have any meeting schedule
 
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