Thousands of immigrants from many countries including Somalia, Ethiopia, Sudan, Nepal and others have had their adjustment of status applications (I-485) and family petitions (I-730) put on hold by the immigration service due to the fact that they “appear inadmissible” due to 212(a)(3)(B). If you have contacted immigration regarding your application, you may have received a response similar to the following:

“Your case is on hold because you appear to be inadmissible under 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 received notice to this effect, you are not alone. More than 8,500 people, and possibly up to 10,000 people, are stuck in limbo because of this provision of law. This is obviously a huge problem.

Immigration Attorney Robert Perkins, also known as The Immigration Professor, is currently working on a solution to this issue. If you fall in this category because you appear inadmissible due to 212(a)(3)(B), please contact our office at 310-384-0200 to discuss your case with the attorney. For cases arising in Northern California, we are working in concert with the Law Offices of Jeffrey O’Brien so please contact them directly at (415) 438-0229 .

Department of Homeland Security (DHS) Secretary Janet Napolitano, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas and Federal Chief Performance Officer Jeff Zients today launched a redesigned USCIS website—available in English and Spanish—a major effort which fulfills President Obama’s pledge to offer enhanced navigation tools for the public to access immigration information and review case status.

“Transparency and openness are critical to effective immigration and citizenship policies,” said Secretary Napolitano. “USCIS’ new website provides the public with the latest tools—from text messages to emails—to improve responsiveness and access to immigration services.”

“The redesigned website we are launching today reflects our commitment to listening to the public and creating a better experience for the hundreds of thousands of USCIS customers we serve,” said USCIS Director Mayorkas. “This effort is the first step toward creating a more innovative, customer-centric experience that meets the nation’s citizenship and immigration needs.”

Secretary Napolitano and Director Mayorkas made the announcement at a press conference at USCIS Headquarters, highlighting the Obama administration’s commitment to achieving government accessibility and transparency using online and new media tools.

The new USCIS website provides a one-stop location for immigration services and information—including an innovative service called My Case Status, which allows immigration customers to receive alerts on the status of their applications via text message and e-mail.

Other new features include a Where to Start tool to guide users through the navigation process; a simplified way to track individual case status; local and national case processing times; an improved search engine; and a new Information Dashboard feature allowing users to access national immigration trends associated with immigration petitions and applications.

Visit the new sites at www.uscis.gov and www.uscis.gov/espanol.

President Barack Obama and Homeland Security Secretary Janet Napolitano attended a naturalization ceremony for active duty service members in the East Room of the White House. May 1, 2009.