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Thread: I-730 Urgent Advice Requested

  1. #1
    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. #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.

  3. #3
    SA:

    From which Country you belong to?

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

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

  6. #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.

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

  8. #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?

  9. #9
    Someone12
    Guest
    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.

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

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

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