212(a)(3)(B)

[karan36]

Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
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."

My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks

[miaj]

please sign the petition to resolve 212(a)(3)(B) issue @
Please Fix the Material Support Bar - 212(a)(3)(B) | Petition2Congress |
Thank you

[Ann Ruben]

Unfortunately, a 212(a)(3)(B) finding would also prevent you from getting a GC based on your marriage to a US citizen.

You are entitled to renewal of your EAD as long as your GC remains pending.

[Sladha]

aruben,
What is the way to get out of this?
inadmissible under ?212(a)(3)(B) of the INA
I have never commited any crime here or abroad. Completely clean record.

Can you pls advise what next steps should I take?
Write to Dept of Homeland Security?

Pls reply.
Thx

[Ann Ruben]

In some similar cases, filing a petition for mandamus in federal court has been effective. HOWEVER, this strategy is not without risk, and you should consult with an immigration attorney with specific experience dealing with 212(a)(3)(B) "hold" cases before proceeding.