Received Notice of Intent to Deny from USCIS

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petertherock77

Registered Users (C)
Dear Forum,

Yesterday my attorney received a notice of intent to deny Asylee Adjustment of Status Application based on section 212(a)(3)(b)(vi)(III). They gave 30 days for my attorney to respond with evidence that would overcome the potential denial.

Section 213(a)(3)(b)(Vi)(III) as amended by the REAL ID Act of 2005, describes an alien who is inadmissible and states in pertinent part: Any alien who...(VI) is a member of a terrorist organization described in clause (vi)(iii), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not have known, that the organization was terrorist organization is inadmissible.

I am from the Niger-Delta of Nigeria and belong to the Urhobo ethnic group and we have no ties to terrorism. Our ethnic group has only being involved in confrontations which at times resulted in violence with other predominant ethnic groups in the Delta Region from conflicting land ownership claims and the allocation of local government headquatetrs. The main activity of our group is to help provide basic social infrastructure for our communities who inhabit the delta region.

USCIS requested a dated and signed statement from me indiacting the nature of the organization and whether it has participated in any violent activities of any kind. CIS also indicated that they are aware of information that suggests these kinds of groups may have been involved in violent activities in Nigeria.\

According to my research, CIS can term any group of one or two people to be an undesignated terrorist organization even if it is not designated by the State Department. However there exists certain exemptions that can be granted to a person who belong to an undesignated terrorist group as indicated by the service.

I was granted asylum back in 2003 based on the persecution I suffered from members of other ethnic groups. Every information was available to CIS when I was granted asylum.

I am confused and I need advise. Do anyone know about NOID. Do you think when uscis issues NOID, can the case be approved if enough information is provided.

Thanks for your response.
 
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The Secretary of Homeland Security and the Secretary of State have determined that those who supported certain groups are eligible for a waiver. Check if whatever group you supported is on the list. If it is request a waiver. Good Luck.
 
Read the following news release from the DHS Secretary (in particular the second to last paragraph):

The United States of America has a great legacy as a welcoming nation to legitimate refugee and asylum seekers from around the world. Indeed, America has traditionally welcomed more refugee and asylum seekers than any other nation in the world. The federal government has upheld that tradition while working hard to eliminate the risk of unintentionally admitting a potentially dangerous and fraudulent petitioner in a post-9/11 world.

A select group of foreign nationals have been unable to pursue the protections provided by our refugee and asylum laws because they have been uniquely victimized by terrorist groups. This group as a whole does not represent a threat to our homeland security. I, therefore, will exercise my discretionary authority to permit consideration of applications for refugee status, asylum or adjustment of status from some who have provided material support to groups while under duress.

I have also decided, in consultation with the Departments of State and Justice, to exercise my discretionary authority under the Immigration and Nationality Act to not apply material support to terrorism provisions to those seeking asylum or adjustment of status that have provided support to eight groups. They are: the Karen National Union and Karen National Liberation Army, Chin National Front and Chin National Army, Chin National League for Democracy, Kayan New Land Party, Arakan Liberation Party, Tibetan Mustangs, Cuban Alzados, and Karenni National Progressive Party.

The material support to terrorism exemption will apply to individuals who do not represent a public safety or national security risk to the United States. In addition to exempting from the material support bar eligible individuals in these two categories, the federal government will also seek legislation from Congress to further expand our discretionary exemption authority. We are deeply committed to ensuring that those who deserve humanitarian relief from our immigration system receive it, and that America continues to be a beacon of hope and protection for the persecuted.
 
Petertherock77,
Do not drop the ball, fight it, file a waiver, I am sure there is a solution out there, have your lawyer file the proper paper work. You do not do anything it is just a matter of bureaucracy. Real Id Act Will be soon thrown out, it has created many confusions.
You should be fine.
 
By denying your 1-485 do you still remain an Asylee? Doesn't mean that you have to do anything really... does it?
 
I don't think that <<Denying his I-485 petition>> would consequently revoke his asylum status, because asylum is indefinite, that would be contradictory for USCIS to try to revoke Asylum, after enacting asylum as a indefinite status. He could file for a waiver to reverse that decision, hopefully Real Id Act will be cancelled in a soon future.

Good Luck
 
Pinkie said:
By denying your 1-485 do you still remain an Asylee? Doesn't mean that you have to do anything really... does it?
Click to expand...

What he received was an intent to deny, not a final denial. He has an opportunity to persuade the adjudicator to make a positive decision.

But yes denial of I-485 does not equal revocation of asylum status. They need to specifically revoke asylum status.
 
Thanks for all your notes. I am waiting on my attorney to draft the statement that will be sent to CIS regarding the Material Support bar.
 
Hi Forum,

I just wanted to let you guys know that I received a notice today on form I-797 from CIS dated November 03, 2007 stating that preliminary processing of my case has been completed and it has been transfered to the Los Angeles District Office. That office will notify me when they schedule an interview for the application or petition.

This notice was issued on the 3rd of November before the NOID which was dated 05 November.

Please any contributions or insight on this matter.

Thanks...
 
Hi everyone,
I just found this forum while trying to find asylum information for a few friends of my sister-in-law.

Here is the situation: The guy is from Indonesia, was here on a visitor or tourist visa (not sure which one). He has been an overstay for about 3 years. He is a Christian and has stated that he is afraid to return to Indonesia because of conflict between Muslims and Christians there. The other person is a woman from Malaysia who has expressed the same concerns.

Anyone have any information about obtaining political asylum from these countries; what their chances are of success; and how their lengthy overstay situation would affect a PA application?

Thanks in advance for any insight.
 
To the poster above this. Please open a new thread to avoid confusing the original poster with responses on your case.
Thanks
 
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