Is that true that all refugee and asylee who have applied for LPR after 2005 will not be approved for Green Card because of USA Patriot Act of 2005? Is anybody know anything about his issue? I've heard that INS will put asylee and refugee's application I-485 on hold indefinet of time? Anybody with this experience let me know. Thank you.
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USA Patriot Act 2005
- Thread starter rickyjkh
- Start date
tributeblinky
Registered Users (C)
this is soooo untrue!!!!
No, you totally misunderstood, make some further research,
The material support bar LAW as written is so broad that it excludes individuals who have provided even a glass of water or a place to sleep to a member of an organization which defends civilians against a regime actively involved in ethnic cleansing. This has the result of baring poor asylees and refugees who are the victims of terrorist actions, from getting Permanent Legal Resident in the U.S. The material support bar has had a significant negative impact on the Asylee Adjustment of Status Cases, for those labeled as terrorist.
Let me know if you need detailed information.
Best luck...
The material support bar LAW as written is so broad that it excludes individuals who have provided even a glass of water or a place to sleep to a member of an organization which defends civilians against a regime actively involved in ethnic cleansing. This has the result of baring poor asylees and refugees who are the victims of terrorist actions, from getting Permanent Legal Resident in the U.S. The material support bar has had a significant negative impact on the Asylee Adjustment of Status Cases, for those labeled as terrorist.
Let me know if you need detailed information.
Best luck...
Hi themen I am not really understand your statement. Could you please make it simple or is there any other document that I could read regarding to this matter. I myself know somebody who has been the asylee for about 10 years and he doesn't get ajusted to be LPR. I have know idea what cause the problem. I am afraid that this happen to me too. I'm not the terrorist or terrorist supporter at all.
How the government find out if someone is the terrorist support or not?
How the government find out if someone is the terrorist support or not?
rickyjkh
I wish I could be more explanatory, and detailed, anyhow ! in May 2005 there were a new Patriot Act approved by congress, that intended to keep terrorists away from U.S. Unfortunately one provision of the Act called "Material Support Bar" had an unintended effect on asylee seekers, on AOS applicants, on Naturalization applicants, this is now affecting several dozen thousands people.It is an overly broad interpretation of the "material support" provisions of the Patriot Act, reiterated in the REAL ID Act, has effectively denied or indefinitely put on hold several dozens of thousands asylee adjustment of status to the United States if he/she had any minimal association with a so-called terrorist group. As applied by the Department of Homeland Security, any organized resistance to oppressive governments, even those traditionally opposed by the US, is now classified for purposes of admissibility to the US as a terrorist group. An equally broad interpretation of material support has led to the exclusion from US resettlement those persons who even under duress may have been associated with a so-called terrorist organization; e.g., Liberian women forced into sexual slavery (has provided support to terrorism, therefore inadmissible in US) or Colombians trapped between opposing forces in that nation's conflict. Ironically, without the material support bar, these persons would be classic examples of those ideally suited for settlement, or green card holder. But No, the Bush administration has labeled such people as terrorists. Material support is broad and so stretchy.
Try to google "US Patriot Act, Materal support bar"
Best Luck
I wish I could be more explanatory, and detailed, anyhow ! in May 2005 there were a new Patriot Act approved by congress, that intended to keep terrorists away from U.S. Unfortunately one provision of the Act called "Material Support Bar" had an unintended effect on asylee seekers, on AOS applicants, on Naturalization applicants, this is now affecting several dozen thousands people.It is an overly broad interpretation of the "material support" provisions of the Patriot Act, reiterated in the REAL ID Act, has effectively denied or indefinitely put on hold several dozens of thousands asylee adjustment of status to the United States if he/she had any minimal association with a so-called terrorist group. As applied by the Department of Homeland Security, any organized resistance to oppressive governments, even those traditionally opposed by the US, is now classified for purposes of admissibility to the US as a terrorist group. An equally broad interpretation of material support has led to the exclusion from US resettlement those persons who even under duress may have been associated with a so-called terrorist organization; e.g., Liberian women forced into sexual slavery (has provided support to terrorism, therefore inadmissible in US) or Colombians trapped between opposing forces in that nation's conflict. Ironically, without the material support bar, these persons would be classic examples of those ideally suited for settlement, or green card holder. But No, the Bush administration has labeled such people as terrorists. Material support is broad and so stretchy.
Try to google "US Patriot Act, Materal support bar"
Best Luck
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Thank you, thermen I got some idea of what you mean. Today I've just got an e-mail back from asylum.tsc@dhs.gov state as below:
The file noted below is currently being held by the U.S. Citizenship and Immigration Services (USCIS), Texas Service Center (TSC) Inadmissibility unit. The file will not be forwared to an Immigration Officer until the inadmissibility issue has been resolved. I do not know how long it will take for the inadmissibilty issue to be resolved.
After the inadmissibility issue is resolved, the file will be forwarded to an Immigration Officer for adjudication.
The only thing you can do at this time is to update USCIS whenever you have an address change and respond to any inquiry/letter you receive from USCIS.
do you have any idea what is this mean? Because last time I e-mail them. They told me my file is under security check. Now they me my file is in inadmissibility unit. Is this two term the same?
The file noted below is currently being held by the U.S. Citizenship and Immigration Services (USCIS), Texas Service Center (TSC) Inadmissibility unit. The file will not be forwared to an Immigration Officer until the inadmissibility issue has been resolved. I do not know how long it will take for the inadmissibilty issue to be resolved.
After the inadmissibility issue is resolved, the file will be forwarded to an Immigration Officer for adjudication.
The only thing you can do at this time is to update USCIS whenever you have an address change and respond to any inquiry/letter you receive from USCIS.
do you have any idea what is this mean? Because last time I e-mail them. They told me my file is under security check. Now they me my file is in inadmissibility unit. Is this two term the same?
Dude,
I am sorry that you are in this situation.
Someone has sued trying to strike down this. At the end of 2007, 9th Circuit affirmed the ruling of a California district judge, that this provision was vague and improperly sweeping. Bush administration (I was not surprised at all) decided to appeal. The case is on its way to the Supreme Court.
This will have to take additional years, unless the current administration decides to abandon the appeal.
I am sorry that you are in this situation.
Someone has sued trying to strike down this. At the end of 2007, 9th Circuit affirmed the ruling of a California district judge, that this provision was vague and improperly sweeping. Bush administration (I was not surprised at all) decided to appeal. The case is on its way to the Supreme Court.
This will have to take additional years, unless the current administration decides to abandon the appeal.
Is there anything I could do at this point?
not really. see an attorney if you want to do something.
not really. see an attorney if you want to do something.
Thankful,
I am not trying to scare him. But if the waiver of inadmissibility is not granted at the time of adjustment of status, isn't that leading to deportation (INA Section 237)?
Thankful,
I am not trying to scare him. But if the waiver of inadmissibility is not granted at the time of adjustment of status, isn't that leading to deportation (INA Section 237)?
It could. This is why I wanted him to consult an experienced lawyer. I do not know what he did to trigger the bar (if he did trigger the bar at all) and if he is eligible for a discretionary waiver.
There is a good chance that the new administration will liberalize its reading of the material support bar.
Don’t file a Lawsuit, be patient and wait, that provision will be soon be fixed.
USCIS have not unreasonably and arbitrary delayed the processing of your adjustment of status Application, therefore you would not have a claim. With the Material support bar, you don’t fit the Mandamus Act either the Administrative Procedures Act . Because to file a suit against a USCIS / DHS agency you must demonstrate “(1) the presence of significant questions of law; (2) the inadequacy of other available remedies; and (3) the presence of a legal issue whose resolution will aid in the administration of justice. USCIS, is not in violation of NEITHER, USCIS is not unlawfully withholding action on your application USCIS was instructed by the DHS not to carry out the adjudication functions delegated to them by Law with regard to the material support provision of the Patriot Act, which made you inadmissible in the US. You're not in removal proceeding but your case in put on hold in abeyance due to material support bar, that alone have affected several dozens of thousand of applicants. Be patient, you will be fine.
Between May 2005 and Nov 2005 several I-485 applications were denied due to material, USCIS then started in reconsidering back those applications, by general automatic motion to re-open for all those applications. There are 3 tiers, I; II & III. There were no waivers available. Later they had waiver for tier-III ONLY , then waiver for Tier-I & Tier-II, Tier-III under coerce or duress. Be patient. Possible waiver is in route.
You remember (Petertherock77) (forum-member); he had the exact same problem, then later was approved. You may want to get a hold of him, may be he could provide guidance in how to deal with that issue.
Don’t file a lawsuit, be patient…
Best Luck
USCIS have not unreasonably and arbitrary delayed the processing of your adjustment of status Application, therefore you would not have a claim. With the Material support bar, you don’t fit the Mandamus Act either the Administrative Procedures Act . Because to file a suit against a USCIS / DHS agency you must demonstrate “(1) the presence of significant questions of law; (2) the inadequacy of other available remedies; and (3) the presence of a legal issue whose resolution will aid in the administration of justice. USCIS, is not in violation of NEITHER, USCIS is not unlawfully withholding action on your application USCIS was instructed by the DHS not to carry out the adjudication functions delegated to them by Law with regard to the material support provision of the Patriot Act, which made you inadmissible in the US. You're not in removal proceeding but your case in put on hold in abeyance due to material support bar, that alone have affected several dozens of thousand of applicants. Be patient, you will be fine.
Between May 2005 and Nov 2005 several I-485 applications were denied due to material, USCIS then started in reconsidering back those applications, by general automatic motion to re-open for all those applications. There are 3 tiers, I; II & III. There were no waivers available. Later they had waiver for tier-III ONLY , then waiver for Tier-I & Tier-II, Tier-III under coerce or duress. Be patient. Possible waiver is in route.
You remember (Petertherock77) (forum-member); he had the exact same problem, then later was approved. You may want to get a hold of him, may be he could provide guidance in how to deal with that issue.
Don’t file a lawsuit, be patient…
Best Luck
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I must agree.
Although I incline to think that having been waiting for so long really is a pain, I would say it is futile to file WOM as USCIS can claim that it is statutorily barred from adjudicating your case (therefore you fail to state a claim). The only alternative I can think of is to file lawsuit against Attorney General, as Attorney General has sole discretion over the waiver of inadmissibility. Generally Courts held that making a discretionary decision itself is not a discretion. Therefore you could probably compel Attorney General to make such a decision (over waiver of inadmissibility) on a timely basis. I myself feel really bad about this idea... so let's forget about it.
I would say just wait a bit to see what happens.
Although I incline to think that having been waiting for so long really is a pain, I would say it is futile to file WOM as USCIS can claim that it is statutorily barred from adjudicating your case (therefore you fail to state a claim). The only alternative I can think of is to file lawsuit against Attorney General, as Attorney General has sole discretion over the waiver of inadmissibility. Generally Courts held that making a discretionary decision itself is not a discretion. Therefore you could probably compel Attorney General to make such a decision (over waiver of inadmissibility) on a timely basis. I myself feel really bad about this idea... so let's forget about it.
I would say just wait a bit to see what happens.
If you do for PROCEDURAL ISSUES and court technicality you may lose at the stage of motion for summary judgment, because the Attorney General is not the only individual involve in the pending case and within a Judicial District of the United States, and material support bar is a provision of the Patriot Act approved by congress. However, you made a strong point, because Attorney General has full discretion (authority) to approve any pending case regardless of the underline issue. But Federal Rules, PROCEDURAL ISSUES and court technicality are complex and need to be followed through if not you will loose in a heart beat.
It is generally advisable to serve the following in an immigration mandamus case.
Attorney General
U.S. Department of Justice
Office of the General Counsel
U.S. Department of Homeland Security
Secretary of the Department of Homeland Security
Acting Director of USCIS
Director of the Service Center
Best luck
It is generally advisable to serve the following in an immigration mandamus case.
Attorney General
U.S. Department of Justice
Office of the General Counsel
U.S. Department of Homeland Security
Secretary of the Department of Homeland Security
Acting Director of USCIS
Director of the Service Center
Best luck
If FBI do the investigation, are they going to dig dow into your bank account to see where you sent the money to?
Just want to let you guy know that I am a Hepatitis B person. Could this the problem that why they put my file in admisibility unit?
Just want to let you guy know that I am a Hepatitis B person. Could this the problem that why they put my file in admisibility unit?
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I know lots of people with the same problem. People who were already permenent resident who got caught off guard when they were renewing their 10 yers expired card (because the provision is retroactive), asylee who applied 3 or more years ago, still no decision. Hepatatis is NOT a ground of inadmissibility, NEITHER sending excessive amount of money. It is the material support, don't waste your money hiring a Lawyer, the material support needs <<a legislation fix>> be patient you will be fine.
Let me know if you need to compare your situation to some other peoples case.
Some people will confuse you, your case is a case of material support, that's all and that's it. AOS Asylee case take 6 to 12 months maximum. 6 months with easy case, 12 months with complicated case such, criminality or health realated issues. Material support is a whole different issue, usless there is a legislation fix, your case will be pending. You would have been denied at the time after more than 3 years of pending case. But DHS instructed the USCIS not to deny any more casesaffected by material support.
Best Luck and let me know
Let me know if you need to compare your situation to some other peoples case.
Some people will confuse you, your case is a case of material support, that's all and that's it. AOS Asylee case take 6 to 12 months maximum. 6 months with easy case, 12 months with complicated case such, criminality or health realated issues. Material support is a whole different issue, usless there is a legislation fix, your case will be pending. You would have been denied at the time after more than 3 years of pending case. But DHS instructed the USCIS not to deny any more casesaffected by material support.
Best Luck and let me know