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I-730 Urgent Advice Requested

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  • I-730 Urgent Advice Requested

    The petitioner's asylum status has been already approved, and also has filed I-485 (adjustment of status for permanent residence) 4 months ago. Petitioner's spouse and children are in their native country. Petitioner has filed I-730 (children and spouse derivative status)

    Petitioner's I-730 has been outside normal processing time for past 8 or 9 months. Petitioner called Customer Service and put service request to inquire about the petition twice in past 6 or 7 months. Texas Center responded each time stating that the case had been under review, and would take minimum of 90 days to process the applications. It was advised to contact Customer Service if petitioner would not hear within 90 days. The third time petitioner called the Customer Service and the staff who answered the phone showed an option to go with Expedited Processing.

    This is what was Texas Center's email response.

    >Type of service requested:


    > -- Expedite
    >
    >
    > The status of this service request is:
    >
    > Your case is on hold because you appear to be inadmissible under section 212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security's discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case.
    >

    >
    > If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    I researched the 212 (a)(3)(B)of the INA act which has to do with terrorist activities. The petitioner was never engaged, nor will engage in such activities. I am not sure why the petitioner is now under "inadmissible" category. How does the petitioner go about addressing this issue or solving the problem? Does the petitioner have to contact Secretary of Homeland Security? Or is this something routine exercise of the department?

    Any advice will be appreciated.

  • #2
    The petitioner's asylum status has been already approved, and also has filed I-485 (adjustment of status for permanent residence) 4 months ago. Petitioner's spouse and children are in their native country. Petitioner has filed I-730 (children and spouse derivative status)

    Petitioner's I-730 has been outside normal processing time for past 8 or 9 months. Petitioner called Customer Service and put service request to inquire about the petition twice in past 6 or 7 months. Texas Center responded each time stating that the case had been under review, and would take minimum of 90 days to process the applications. It was advised to contact Customer Service if petitioner would not hear within 90 days. The third time petitioner called the Customer Service and the staff who answered the phone showed an option to go with Expedited Processing.

    This is what was Texas Center's email response.

    >Type of service requested:


    > -- Expedite
    >
    >
    > The status of this service request is:
    >
    > Your case is on hold because you appear to be inadmissible under section 212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security's discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case.
    >

    >
    > If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    I researched the 212 (a)(3)(B)of the INA act which has to do with terrorist activities. The petitioner was never engaged, nor will engage in such activities. I am not sure why the petitioner is now under "inadmissible" category. How does the petitioner go about addressing this issue or solving the problem? Does the petitioner have to contact Secretary of Homeland Security? Or is this something routine exercise of the department?

    Any advice will be appreciated.

    Comment


    • #3
      SA:

      From which Country you belong to?

      Comment


      • #4
        I am an American. The petitioner is from Nepal.

        Comment


        • #5
          The petitioner is usually the USC or LPR? Do you mean you are trying to petition for someone from Nepal?

          Comment


          • #6
            The I-485 Applicant based on approved asylum has only one choice to wait at this time. If he has no history of involvement in any case, his case will be approved. It is good that USCIS is holding application (until authority is available to approve it) instead of making negative decision. This way, he can live in this country and renew work authorization. However, for travel abroad, a Travel Document can be requested by filing I-131. I would recommend letting the dog sleep.

            Comment


            • #7
              Of course, a terrorist will not admit to being a terrorist. Expect a visit from JTTF.

              Comment


              • #8
                ProudUSC,

                I am not the petitioner. I am just helping someone who is a petitioner and do not know English well. The petitioner is in USA whose asylum application has been approved. The petitioner filed I-730 (derivative status for children and spouse who are now in their native country). The petitioner has also filed I-485 for her adjustment of status.

                Tak,

                How about I-730?

                Comment


                • #9
                  great....just great, some trailer park dweller trying to help a possiblt terrorist....and how is it that you, SA, "know" with a 101% certainty that your 'friend' has never been involved with some aspect of terrorism? Have you been handcuffed to this douchebag since birth, and thus can account for every 24 hour day that she has been alive? Were you living in the Himalayas all this time? Do you have round-the-clock video of this clown's life? Or do you just have your worthless opinion? (I'm guessing the latter). This scam artist has already lied to our embassy and/or border officials....who would believe anything this liar says?
                  Why don't you help AMERICANS?????? After all, this is the United States of America, not the Disjointed States of Nepal.

                  Comment


                  • #10
                    Please see the instructions of I-730 to determine if qualifies for benefits:

                    http://www.uscis.gov/files/form/I-730instr.pdf

                    Comment


                    • #11
                      Someone12,

                      As you said you're just guessing. So, shut the *f up as you know nothing about this petitioner's real story. I know how much this person has to go through to survive, how badly this person was injured by the the attack of the Maoist terrorists, and how this person is living now. Before you start accusing the petitioner, or me spend some time researching this issue. There have been over 5000 such cases that Department of Homeland Security has put under "inadmissible" catgory. Spend sometime to educate youself.

                      Comment


                      • #12
                        Someone 12,

                        Read this blog if you care.
                        http://nodeportation.blogspot....support-bar-for.html

                        There have been so many cases now that were wrongly connected with meterial support bar. This is just an example.

                        Comment


                        • #13
                          A couple of bits I don't understand. Do the USCIS mean the Petitioner is the potential terrorist or do they mean the kids and/or spouse are? It seems odd to approve the asylum case then put the I-730 one on hold unless they've uncovered some new evidence surrounding the Petitioner in the course of processing the I-730.

                          Either way, it seems odd to not just go and pick up the Petitioner and hold them physically in detention while sorting out if they can remain here or not. For the case of a potential terrorist charge I'm sure that would have happened by now. Something doesn't add up.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment


                          • #14
                            Dear SA: you are an unpatriotic douche bag cleaner....your 'friend' is inadmissable...and I say that is good news....no matter what some stupid website says. So go to Nepal and enjoy some yak milk. We don't want terrorist douchebags in America....plain and simple. But I noticed that you dodged my question....how do you 'know' with a 101% certainty that your 'friend' isn't involved in terrorism (or hasn't been in the past)? Hmmmm?? Answer: you don't know yak-chit.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SA:
                              I am an American. The petitioner is from Nepal. </div></BLOCKQUOTE>

                              Nepal? dynyabot!! Soccer, Food, And unfortunately Some bad Peeps Also!
                              USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                              Comment



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