I am no Terrorist, any advice?

mfak1 said:
Thanks for your response Joseph.

Yes only get a "Legal written brief" from a "Legal Counsel" and then let the Counsel/ Attorney sent that to the point of contact at the Nebraska Service center / Liaison. However, we should wait until atleast 120 days before the time lates exemption has been made public. So probably by the end of September/ early November. That's a usual time frame give from USCIS before most of their documents are made practical / exercised upon.

On a lighter note, I have also found some of the latest cases ( Writ of Mandamus), which were filed in different US district Courts on Tier III hold, have had a positive outcome. Meaning, the petitioner requested USCIS to adjudicate the case which had been placed on hold (unreasonably) for over 6 years and in two instances Judges have agreed with the petitioner that the delay has been unreasonable from USCIS / DHS and t adjudicate the case in 30 days (one case) and or 120 days (second case). Of course, Immigration Judge can't ask nor force USCIS / DHS to approve the case, but they have asked / forced USCIS / DHS to adjudicate the case. The most interesting art was that on both instances, those TierIII organizations have had no group based exemption out there yet.

So I am not aware of the final decision from USCS, whether USCIS granted their Greencards or denied the application....but its good to know that some courts are not buying the lame excuses that have been given by DHS and USCIS attorneys in the name of national security and terrorism and keep on delaying the adjudication of cases who have been stuck on TierIII hold.
Click to expand...

The majority of the Lawyers are very ignorant about TRIG, and wouldn't even file a Mandamus.

Only one (1) person can file a class action suit.

You consult more than 3 Lawyers, the information you would receive from each one, would be conflictingly contradicting.

I am telling you ALL. Legal briefs won't cut it. Class Action is the way out.

Most lawyers won't do Class Action, it is extensive and lots of work, settlement take lots sessions, pressure to USCIS even after settlement.

LAWYERS WANT QUICK AND EASY MONEY...

Legal Brief with USCIS are very ineffective, very ineffective. I did it 3 times, overnight FedEx'ed with attorneys with great reputation and paid lots of money but all in vain.

Legal Brief provides written evidence verifying Statement of the Case versus Statement of the real Facts in your records, be ready with ISSUES you will have to PRESENT FOR REVIEW, write STATEMENT OF THE CASE AND FACTS, your SUMMARY OF ARGUMENT.

The USCIS mail room will dispose most these type of correspondence, and won't respond to it, or will send you a generic and customized reply.


If you can prove that there is some major error(s) in your file, by solid and convincing evidence, you will be successful. But Exemption(s) and Legal Brief is not the good combination, because USCIS is the DELEGATED AUTHORITY. And they refused to implement the exemptions.

For example of legal brief: A janitor that I worked with, had a case pending over 5 years because of alian registration numkber typo. When I wrote a Legal Brief for her showing the typo, copies of the correct number, she was scheduled for interview and her case was approved.

What we are dealing is USCIS REFUSAL TO IMPLEMENT THE EXEMPTIONS FOR UNKNOWN REASONS. Writing them a brief, for something that they already know about you, is a waste of time.
 
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I do concur with your view that, ‘what we are dealing [with] is USCIS refusal to implement the exemptions for unknown reason.’ I think politics may be one of the reasons for service’s reluctance to implement the exemptions in a reasonable timeframe. The delay at present cannot be justified as reasonable under any circumstance…we have seen that the far-right has been very vocal in opposing these exemptions and the current administration has not really solved our problems. The administration could have made it much easier for the service to clear all these pending cases. However, every time the government provides an exemption it is much more confusing and vague than the one it has provided earlier. I have reached a point that even if I get my GC today, it won’t help me much. The damage has been done in every aspect of my life (personal, family, and career). Sometime, I feel like I have been imprisoned for unknown time. Most of my close friends and associates are not aware of my problem. It is so embarrassing to tell them that I do not have my GC because the government think I may have committed a terrorist act 23 years ago when I took part in a student demonstration. I have been living in this country for 22 years. I have been able to get 2 college degrees, paid thousands in taxes…never committed even a minor offence including moving traffic violation…and the government has yet to figure out if I may be a danger to the national security of the US, then I may keep my mouth close and say nothing…
 
To all folks,

Do as you all please!

I thought to share with "you all users on this forum and concerned parties", whatever the solution/s out there, at present (especially in the light of the latest developments). Rest is all in your hands. Take action or don't take action (in the latest situation that is given to us - with the limited resources and very little cooperation / weak support we have). Soon time will tell, the choice is all yours!

May God bless and may God finish this difficult situation soon!

Thanks.
 
Here is an interesting part of the recent report to share. They work really at snail's pace Don't they?

Link for full report
https://www.judicialwatch.org/wp-content/uploads/2015/09/DHS2014.pdf

=-++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
II. Data Report
During Fiscal Year 2014, U.S. Citizenship and Immigration Services (USCIS) applied 1,519 exemptions to individual applicants under the Secretary of Homeland Security’s exercises of discretionary authority.1 Of those 1,519 exemptions:
1 In certain instances, an applicant may have been the recipient of more than one exemption, if the activities rendering him or her inadmissible under the terrorism-related inadmissibility grounds required multiple exemptions.
 806 were processed for refugee applicants,
 19 were processed for asylum applicants,
 614 were processed for applicants for lawful permanent resident status,
 29 were processed for beneficiaries of petitions for derivative refugee or asylum status,
 34 were processed for applicants for Temporary Protected Status,
 9 were processed for applicants for Nicaraguan Adjustment and Central American Relief Act (NACARA); and
 7 were processed for applicants for relief before the U.S. Department of Justice Executive Office for Immigration Review (EOIR).
Regarding the reasons for the 1,519 exemptions:
 627 were processed for an applicant’s provision of material support, while under duress, to an undesignated terrorist organization as defined at INA section 212(a)(3)(B)(vi)(III), 8 U.S.C. § 1182(a)(3)(B)(vi)(III) (Tier III terrorist organization), under the Secretary of Homeland Security’s February 26, 2007 exercise of authority relating to Tier III organizations,
 189 were processed for an applicant’s provision of material support, while under duress, to a designated terrorist organization as defined under INA section 212(a)(3)(B)(vi)(I)-(II), 8 U.S.C. § 1182(a)(3)(B)(vi)(I)-(II) (Tier I or II terrorist organization), under the Secretary’s April 27, 2007 exercise of authority relating to Tier I and Tier II organizations,
 9 were processed for an applicant’s receipt of military-type training, while under duress, from a terrorist organization, under the Secretary’s January 7, 2011 exercise of authority relating to Tier I, Tier II and Tier III organizations,
 28 were processed for an applicant’s provision of voluntary medical care to members of a terrorist organization in the course of their professional responsibilities without assisting in the violent activities of an organization or individual, under the Secretary’s October 13, 2011 exercise of authority relating to Tier I, Tier II and Tier III organizations,
FOR OFFICIAL USE ONLY 3
 37 were processed for certain qualified aliens with existing immigration benefits under the Limited General Exemption2 who: provided material support to, solicited funds for, solicited individuals for membership in or received military-type training from certain qualified Tier III terrorist organizations, under the Secretary’s August 10, 2012 exercise of authority relating to certain Tier III organizations;3 and
 628 were processed for applicants who had certain activities or affiliations with specific groups which the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, has approved for consideration of an exemption.4
2 Qualified aliens are those who currently possess lawful status in the United States, other than a nonimmigrant visa, and who are not in removal proceedings or subject to a final order of removal. This exemption also applies to beneficiaries of asylees or refugees who have filed an I-730 Refugee/Asylee Relative Petition. This exemption does not apply to applicants for refugee or asylum status.

3 Tier III terrorist organizations qualified for the Limited General Exemption are those that have never: (1) targeted U.S. interests or persons, including planned or attempted attacks on U.S. interests or persons; (2) engaged in a pattern or practice of torture, as defined in 18 U.S.C. § 2441(d)(1)(A), genocide, as described in 18 U.S.C. § 1091(a), or the use of child soldiers, as described in 18 U.S.C. § 2242; (3) have been identified in either Executive Order 13224, as amended, or otherwise designated by the Secretary of State or the Secretary of the Treasury pursuant to the Specially Designated Nationals List (SDNL), or in lists established by United Nations Security Council Committee pursuant to Resolutions 1267 (1999) or 1988 (2011) concerning Al-Qaida and the Taliban and associated individuals and entities; or (4) been previously designated, or are currently designated as a Tier I or Tier II terrorist organization, as described in sections 212(a)(3)(B)(vi)(I) and (II) of the INA, 8 U.S.C. §§ 1182(a)(3)(B)(vi)(I) or (II).
4 In FY2014, exemptions were processed under the Secretary’s exercise of authority for certain activities or affiliations with: certain Burmese groups (the All Burma Students’ Democratic Front (ABSDF), the Chin National Front/Chin National Army (CNF/CNA); the Karen National Union/Karen National Liberation Army (KNU/KNLA), and the Karenni National Progressive Party (KNPP)); the Cuban Alzados; certain Ethiopian and Eritrean groups (Oromo Liberation Front (OLF), Eritrean Liberation Front (ELF), Democratic Movement for the Liberation of Eritrean Kunama (DMLEK), Ethiopian People’s Revolutionary Party (EPRP), and Tigray People’s Liberation Front (TPLF)); certain Salvadoran groups (Nationalist Republican Alliance (Alianza Republicana Nacionalista or ARENA; Farabundo Marti National Liberation Front (FMLN)); Hmong-affiliated groups; certain Iraqi groups that opposed the Saddam Hussein regime (Iraqi National Congress (INC), the Kurdistan Democratic Party (KDP), and the Patriotic Union of Kurdistan (PUK)); The Iraqi Uprisings in 1991; and the Kosovo Liberation Army (KLA).
Exemptions allow certain refugees and other aliens the opportunity to receive a benefit or protection following the successful completion of a thorough vetting process. USCIS procedures require that all applicants’ names and fingerprints be checked against a broad array of records of individuals known to be security threats, including the terrorist watch list, and those of law enforcement concern. In addition to rigorous background vetting, including checks coordinated across several government agencies, the Secretary of Homeland Security’s discretionary authority is only applied on a case-by-case basis after careful review of all factors and all security checks have cleared.
Exemptions by Type and Application Type FY2014 Exemption Type by Application Type
EXEMPTION
Application Type
Group-based Exemption - related to the All Burma Students’ Democratic Front (ABSDF)
I-485 (12)
 
Ghiorghis said:
Here is an interesting part of the recent report to share. They work really at snail's pace Don't they?

Link for full report
https://www.judicialwatch.org/wp-content/uploads/2015/09/DHS2014.pdf

=-++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
II. Data Report
During Fiscal Year 2014, U.S. Citizenship and Immigration Services (USCIS) applied 1,519 exemptions to individual applicants under the Secretary of Homeland Security’s exercises of discretionary authority.1 Of those 1,519 exemptions:
1 In certain instances, an applicant may have been the recipient of more than one exemption, if the activities rendering him or her inadmissible under the terrorism-related inadmissibility grounds required multiple exemptions.
 806 were processed for refugee applicants,
 19 were processed for asylum applicants,
 614 were processed for applicants for lawful permanent resident status,
 29 were processed for beneficiaries of petitions for derivative refugee or asylum status,
 34 were processed for applicants for Temporary Protected Status,
 9 were processed for applicants for Nicaraguan Adjustment and Central American Relief Act (NACARA); and
 7 were processed for applicants for relief before the U.S. Department of Justice Executive Office for Immigration Review (EOIR).
Regarding the reasons for the 1,519 exemptions:
 627 were processed for an applicant’s provision of material support, while under duress, to an undesignated terrorist organization as defined at INA section 212(a)(3)(B)(vi)(III), 8 U.S.C. § 1182(a)(3)(B)(vi)(III) (Tier III terrorist organization), under the Secretary of Homeland Security’s February 26, 2007 exercise of authority relating to Tier III organizations,
 189 were processed for an applicant’s provision of material support, while under duress, to a designated terrorist organization as defined under INA section 212(a)(3)(B)(vi)(I)-(II), 8 U.S.C. § 1182(a)(3)(B)(vi)(I)-(II) (Tier I or II terrorist organization), under the Secretary’s April 27, 2007 exercise of authority relating to Tier I and Tier II organizations,
 9 were processed for an applicant’s receipt of military-type training, while under duress, from a terrorist organization, under the Secretary’s January 7, 2011 exercise of authority relating to Tier I, Tier II and Tier III organizations,
 28 were processed for an applicant’s provision of voluntary medical care to members of a terrorist organization in the course of their professional responsibilities without assisting in the violent activities of an organization or individual, under the Secretary’s October 13, 2011 exercise of authority relating to Tier I, Tier II and Tier III organizations,
FOR OFFICIAL USE ONLY 3
 37 were processed for certain qualified aliens with existing immigration benefits under the Limited General Exemption2 who: provided material support to, solicited funds for, solicited individuals for membership in or received military-type training from certain qualified Tier III terrorist organizations, under the Secretary’s August 10, 2012 exercise of authority relating to certain Tier III organizations;3 and
 628 were processed for applicants who had certain activities or affiliations with specific groups which the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, has approved for consideration of an exemption.4
2 Qualified aliens are those who currently possess lawful status in the United States, other than a nonimmigrant visa, and who are not in removal proceedings or subject to a final order of removal. This exemption also applies to beneficiaries of asylees or refugees who have filed an I-730 Refugee/Asylee Relative Petition. This exemption does not apply to applicants for refugee or asylum status.

3 Tier III terrorist organizations qualified for the Limited General Exemption are those that have never: (1) targeted U.S. interests or persons, including planned or attempted attacks on U.S. interests or persons; (2) engaged in a pattern or practice of torture, as defined in 18 U.S.C. § 2441(d)(1)(A), genocide, as described in 18 U.S.C. § 1091(a), or the use of child soldiers, as described in 18 U.S.C. § 2242; (3) have been identified in either Executive Order 13224, as amended, or otherwise designated by the Secretary of State or the Secretary of the Treasury pursuant to the Specially Designated Nationals List (SDNL), or in lists established by United Nations Security Council Committee pursuant to Resolutions 1267 (1999) or 1988 (2011) concerning Al-Qaida and the Taliban and associated individuals and entities; or (4) been previously designated, or are currently designated as a Tier I or Tier II terrorist organization, as described in sections 212(a)(3)(B)(vi)(I) and (II) of the INA, 8 U.S.C. §§ 1182(a)(3)(B)(vi)(I) or (II).
4 In FY2014, exemptions were processed under the Secretary’s exercise of authority for certain activities or affiliations with: certain Burmese groups (the All Burma Students’ Democratic Front (ABSDF), the Chin National Front/Chin National Army (CNF/CNA); the Karen National Union/Karen National Liberation Army (KNU/KNLA), and the Karenni National Progressive Party (KNPP)); the Cuban Alzados; certain Ethiopian and Eritrean groups (Oromo Liberation Front (OLF), Eritrean Liberation Front (ELF), Democratic Movement for the Liberation of Eritrean Kunama (DMLEK), Ethiopian People’s Revolutionary Party (EPRP), and Tigray People’s Liberation Front (TPLF)); certain Salvadoran groups (Nationalist Republican Alliance (Alianza Republicana Nacionalista or ARENA; Farabundo Marti National Liberation Front (FMLN)); Hmong-affiliated groups; certain Iraqi groups that opposed the Saddam Hussein regime (Iraqi National Congress (INC), the Kurdistan Democratic Party (KDP), and the Patriotic Union of Kurdistan (PUK)); The Iraqi Uprisings in 1991; and the Kosovo Liberation Army (KLA).
Exemptions allow certain refugees and other aliens the opportunity to receive a benefit or protection following the successful completion of a thorough vetting process. USCIS procedures require that all applicants’ names and fingerprints be checked against a broad array of records of individuals known to be security threats, including the terrorist watch list, and those of law enforcement concern. In addition to rigorous background vetting, including checks coordinated across several government agencies, the Secretary of Homeland Security’s discretionary authority is only applied on a case-by-case basis after careful review of all factors and all security checks have cleared.
Exemptions by Type and Application Type FY2014 Exemption Type by Application Type
EXEMPTION
Application Type
Group-based Exemption - related to the All Burma Students’ Democratic Front (ABSDF)
I-485 (12)
Click to expand...

Thanks Ghiorghis for sharing with the rest of us.
 
U.S. airdrops ammunition to Syria rebels

By John Davison and Phil Stewart
Copied and pasted from yahoo
I can't understand on one end 212a3b of Ina is for supporting Groups that are fighting any government on the other hand this kind of support.
Hope some one can help me understand if I am missing any point here.
 
hecate said:
U.S. airdrops ammunition to Syria rebels

By John Davison and Phil Stewart
Copied and pasted from yahoo
I can't understand on one end 212a3b of Ina is for supporting Groups that are fighting any government on the other hand this kind of support.
Hope some one can help me understand if I am missing any point here.
Click to expand...

You are not missing anything, you are right, it is confusing. This is what I would call a hypocrite practice, where 212a3b complains and barred anyone that committed anything (small) in that statute but finds its government doing exactly the same thing.
 
Deep Trigger said:
You are not missing anything, you are right, it is confusing. This is what I would call a hypocrite practice, where 212a3b complains and barred anyone that committed anything (small) in that statute but finds its government doing exactly the same thing.
Click to expand...
For those who can make some sense or have some legal expierence/ background this action of the United States is sufficient for any human rights i.e. Human nights first or HIAS of even a member of Congress or Senate to proceed for Quashment-of-proceedings of 212a3b but it is obvious no one cares or seems to help.
 
hecate said:
For those who can make some sense or have some legal expierence/ background this action of the United States is sufficient for any human rights i.e. Human nights first or HIAS of even a member of Congress or Senate to proceed for Quashment-of-proceedings of 212a3b but it is obvious no one cares or seems to help.
Click to expand...


212(a)(3)(B) is overly broad, it is just an anti- Refugees/Asylees statute, that’s all it was intended. It was intentionally designed to prevent many legitimate asylum seekers from obtaining asylum, / and or already Asylees and Refugees to be barred to adjust to permanent resident. It will always remain the subject of several ongoing controversies and non-senses; the language needs to be totally revamped or changed. Many like us voiced legitimate concerns and human rights violation. It is “a huge mistake" from the Bush Administration. It is sad and heart breaking.
 
It is clear that 212(a) (3) (B) of INA has adversely affected the most vulnerable group of immigrants (Refugees and Asylees). The most frustrating thing about this section of law is that once an applicant is considered to be ineligible to obtain the requested benefit there is no way one can challenge that determination administratively or through judicial review
 
Hello Ms. Hughes

Ms. Hughes please take a moment of your time and explain to us what we need to do. have you forgotten us?
You have not returned any of our emails and messages. We understand if you are no longer interested to help us in this matter. We are already in a limbo with USCIS, being kept in two limbos is not fair. Please just let us know what your intentions are as it comes to this issue so that we could adjust and act accordingly.
Regards,
........................
 
Dear Mr. ................
I am terribly sorry—I have not forgotten about this, or all of you (at all), and my unresponsiveness has been due solely to the fact that this has been a difficult few months for refugee lawyers and it’s been a little difficult to find time to breathe.
I think it might make sense to organize a conference call for any of you who would like to talk about where things stand and where we think we’re going. I could do this coming Wednesday evening (December 9). I am guessing late in the day is probably better for most people, especially since some may be on the West Coast, so would propose 8:30 p.m. If that’s impossible for any of the core members of your little group, let me know and we can adjust. Just so I can be sure I know who’s on this call, I would ask that anyone interested in participating e-mail me between now and then so that I can send them call-in information. Also, for confidentiality reasons I would rather not be sorting through detailed specifics of people’s individual cases on a group phone call, but if people have specific questions about their own situations and can e-mail those to me (or, if they’ve e-mailed them recently and I haven’t responded—so sorry!—just re-send their earlier e-mail), that will help me shape the information I give so it’s responsive to those concerns.
Does this make sense?
Thank you so much for your patience,

Anwen Hughes
 
Deep Trigger, would you kindly contact those you have their contact information so we could arrange this conference call?
 
JosephEsf said:
Deep Trigger, would you kindly contact those you have their contact information so we could arrange this conference call?
Click to expand...

This is actually great News. I will contact those that I have the contact info. in my short list, some time today. Let us do the conference guys!, that will tell us where we're at, and where we could go from here.
Again thank you ALL and many thanks to JosephEsf.
 
Hello everyone,

Please go ahead and contact Anwen if you would like to participate in this conference call. Our fate could be decided in this conference call, so please do not delay contacting her to provide the information she has demanded. I believe we all should push for the idea of class action lawsuit as discussed a few years ago. I believe USCIS would not independently act to approve our cases despite various exemptions that have been made available to them lately. I believe they want this decision to be made for them by a court, so that, they would not be held responsible should something go wrong. It is as if they are saying; You want your case approved?, come and sue us for it!
I am saying this, because, I have red the latest exemptions numerous times and could say with confidence that they are sufficient enough to apply and approve many of our applications.
Please go ahead and share your insights, as we need to be ready and prepared for the December 9 gathering with Anwen. Many thanks.
 
JosephEsf said:
Hello everyone,

Please go ahead and contact Anwen if you would like to participate in this conference call. Our fate could be decided in this conference call, so please do not delay contacting her to provide the information she has demanded. I believe we all should push for the idea of class action lawsuit as discussed a few years ago. I believe USCIS would not independently act to approve our cases despite various exemptions that have been made available to them lately. I believe they want this decision to be made for them by a court, so that, they would not be held responsible should something go wrong. It is as if they are saying; You want your case approved?, come and sue us for it!
I am saying this, because, I have red the latest exemptions numerous times and could say with confidence that they are sufficient enough to apply and approve many of our applications.
Please go ahead and share your insights, as we need to be ready and prepared for the December 9 gathering with Anwen. Many thanks.
Click to expand...

I emailed each one of the forum-members, of whom I have an email address, and referred them to the forum to see the update info. in regards to the conference call. Hopefully they will favorably respond...
Will see.
Keep in touch.
 
I sent M/S Anwen an email but not heard back from her, I hope to get the phone number and code to join in the conference call.
Thanks deep trigger and all friends who are persistently pushing without giving up easy.
 
hecate said:
I sent M/S Anwen an email but not heard back from her, I hope to get the phone number and code to join in the conference call.
Thanks deep trigger and all friends who are persistently pushing without giving up easy.
Click to expand...

I did the same and she has not yet replied. So far we have 3 candidates on board: JosephEsf, hecate & Deep Trigger.
We will see...
 
Hello everyone, here is my email to Ms. Hughes.

Hello Ms. Hughes,
Just today, I learned that you will be facilitating a conference call on the 9th of this month at 8:30 pm to discuss the latest developments regarding the TRIG cases. I would love to be on this call. kindly send me the number to call and the code.
Best regards,

Also Deep Trigger, How do i give you my email address? please let me know.
Thanks
 
Noetic said:
Hello everyone, here is my email to Ms. Hughes.

Hello Ms. Hughes,
Just today, I learned that you will be facilitating a conference call on the 9th of this month at 8:30 pm to discuss the latest developments regarding the TRIG cases. I would love to be on this call. kindly send me the number to call and the code.
Best regards,

Also Deep Trigger, How do i give you my email address? please let me know.
Thanks
Click to expand...

Thanks Noetic for willing to be part of the conference call, but unfortunately she has not yet replied to none of our emails. Will keep in touch! And I will inform you as soon as I get something.
 
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