Asylee Nunc Pro Tunc Interview

**minka79** · 9th January 2008, 03:56 PM

Hi Guys,
This is my first time posting a thread and I hope I can get some help. I just received a notice today from immigration for an interview for asylum nunc pro tunc I had applied for . On the letter it states to bring tax returns and pay stubs for my "sponsors". I'm wondering who the "sponsor" is, I came to this country with my family and not through a sponsor, and got the asylum through my mom. I've also been working and responsible for my self for the past 5 years. So I'm not sure what to bring.
Also, the letter asks for all Employment Authorization cards ever issued to me,past and present. Unfortunately, I've destroyed all the expired ones, so I don't have them and I don't have a current card. I didn't do it not intentionally, it's just that my current mployer accepted my driver's license and social security card to verify that I'm eligile to work and I just never got around to renewing it. Will this be a problem that I don't have a current Employment authorization Card, even though I'm currently employed ?
Thanks

**thankful** · 9th January 2008, 06:02 PM

You will be fine.

**minka79** · 10th January 2008, 02:48 AM

Thanks , that makies me feel better.

**Hesitant** · 19th February 2008, 09:53 PM

minka79, hi! Could you please to answer me about filling nunc pro tunc Form. My son in derivative asylum status and they denied his I-485 (was sent together with filled I-589 "nunc pro tunc", but it does not work). And now he should start again from Asylum office. So my question is:are all the questions on that I-589 Form should be answered? Or, in "nunc pro tunc " it is allowed not to answer all the questions(how can child know all the details?) As I remember I have read somewhere in "nunc pro tunc" Form you are supposed to write "nunc pro tunc" and that's it! No more answers! Is that correct? Actually, hi is already filled in this nunc pro tunk Form,(along with his I-485) but I am not sure hi did it correct.

**garov55** · 21st February 2008, 02:49 PM

Originally Posted by Hesitant

minka79, hi! Could you please to answer me about filling nunc pro tunc Form. My son in derivative asylum status and they denied his I-485 (was sent together with filled I-589 "nunc pro tunc", but it does not work). And now he should start again from Asylum office. So my question is:are all the questions on that I-589 Form should be answered? Or, in "nunc pro tunc " it is allowed not to answer all the questions(how can child know all the details?) As I remember I have read somewhere in "nunc pro tunc" Form you are supposed to write "nunc pro tunc" and that's it! No more answers! Is that correct? Actually, hi is already filled in this nunc pro tunk Form,(along with his I-485) but I am not sure hi did it correct.

Hesitant i have a delerative asylum tru my parents , my dad .... i too got an letter that said that i m unable to adjust status tru my i 485 that we sent with my parents. Instead i had fill out an i 589 nunc pro tunc !! So my lawyer said not to answer any of the complicated Q's on the i 589 since i got my asylum granted tru my parents and just put NUNC PRO TUNC although i was Granted ASYLUM in 1997 on my arrival in the usa ... im not sure wat ur case is so give us some details ...
good luck

**crusher4me** · 22nd February 2008, 10:32 AM

Originally Posted by minka79

Hi Guys,
This is my first time posting a thread and I hope I can get some help. I just received a notice today from immigration for an interview for asylum nunc pro tunc I had applied for . On the letter it states to bring tax returns and pay stubs for my "sponsors". I'm wondering who the "sponsor" is, I came to this country with my family and not through a sponsor, and got the asylum through my mom. I've also been working and responsible for my self for the past 5 years. So I'm not sure what to bring.
Also, the letter asks for all Employment Authorization cards ever issued to me,past and present. Unfortunately, I've destroyed all the expired ones, so I don't have them and I don't have a current card. I didn't do it not intentionally, it's just that my current mployer accepted my driver's license and social security card to verify that I'm eligile to work and I just never got around to renewing it. Will this be a problem that I don't have a current Employment authorization Card, even though I'm currently employed ?
Thanks

when is your interview?
I have asked the 1800 INS number and they said u dont need to renew or get an EAD card, unless u wanna use it to renew your driving license

**garov55** · 23rd February 2008, 04:18 PM

Originally Posted by crusher4me

when is your interview?
I have asked the 1800 INS number and they said u dont need to renew or get an EAD card, unless u wanna use it to renew your driving license

yes i know about the EAD card but its good to have one in just in case...
have not been to an interview yet......
still waiting i will update here if anything comes my way .....
but last letter i got was that my case was transfered to asylim office on ( june 25 07)

**Hesitant** · 24th February 2008, 07:30 AM

garov55, thank you for your reply. So, you've sent your nunc pro tunc right to the Asylum office? By mail? Please, answer, I am really confused.

And one more question, am I right, you have received denial letter from NSC earlier? As my son did?

Our details are: my son has derivative asylee status since 1998 (through his dad, as you do). The I-485 application (nunc pro tunc included) was sent 07/2006 to NSC. He was fingerprinted twice. And now we got a denial.(((. They say: "you are ineligible for protection under CSPA".

**garov55** · 24th February 2008, 12:16 PM

Originally Posted by Hesitant

garov55, thank you for your reply. So, you've sent your nunc pro tunc right to the Asylum office? By mail? Please, answer, I am really confused.

And one more question, am I right, you have received denial letter from NSC earlier? As my son did?

Our details are: my son has derivative asylee status since 1998 (through his dad, as you do). The I-485 application (nunc pro tunc included) was sent 07/2006 to NSC. He was fingerprinted twice. And now we got a denial.(((. They say: "you are ineligible for protection under CSPA".

just went tru my paperwork -
Ok here s wat happen .... my dad sent a i 485 for me and my mom
moms was fine ..
but mine was returned stating that im over 21 and cant apply to adjust status tru my dads asylum since i was over 21 wen the i 485 was sent. even thou i had asylim granted at age of 16 turning 17
at first i thought that my i 485 was denied ... BUT than i got an letter to submit more evidence ... STATING that my i485 was not denied but put on hold till i submit the evidence...
the evidence - what they wanted me to send them was an i 589 based on my grant of asylum
THE LETTER STATED TO MAKE SURE THAT THE I 589 CLEARLY STATEs THAT IM APPLYING FOR ASYLUM NUNC PRO TUNC.
they couldnt put it any simpler.

there for the i 589 was returned at the nebraska service center where my i 485 was ...
my case was resumed...
than i got another letter that my case was transfered to the asylum office in VA.
not sure if the i 589 or the whole i 485 was transfered there (VA)
but since than i havent got anything no interview nada....
my lawyer also said i might not need to go to an interview we ll see ...
ill keep u posted ...
thanks
good luck

**Hesitant** · 24th February 2008, 05:21 PM

Thank you, garov55. I see your situation is different. They call the letter to my son "Denial Notice". But the letter looks like they have no I-589 "nunc pro tunc" in the case, I assumed they lost it. Probably we'll mail them a letter about this.

**Hesitant** · 26th February 2008, 12:41 PM

Originally Posted by garov55

"...but mine was returned stating that im over 21 and cant apply to adjust status tru my dads asylum since i was over 21 wen the i 485 was sent."

Garov55, do they say in this letter "you are ineligible for protection under CSPA"? Really need your answer!

**garov55** · 27th February 2008, 02:58 PM

Originally Posted by Hesitant

Garov55, do they say in this letter "you are ineligible for protection under CSPA"? Really need your answer!

nope nothing of that nature was mentioned in the notice...

what does " protection under CSPA " mean ?? what is CSPA??
all it was was RFE and it stated what the evidence should be - which was i 589 NUNC PRO TUNC

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: We mailed you a notice requesting additional evidence.

On April 4, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

and than

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On June 25, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

and than my case was transfered to an asylum office.. for a first time
u know the rest

**Hesitant** · 27th February 2008, 07:26 PM

Thank you, Garov55 for your answer... I am so upset...

They state in the letter: CSPA (Child Status Protection Act) requires that the beneficiary apply for adjustment of status within one year of the date the visa became available, or, within one year of the date the immigration petition was approved, whichever is later.

And then: Eligibility under the CSPA provision is available so long as the child's application for adjustment of status was pending on or after August 6, 2002, the effective date of the legislation. ( is everybody eligible after 2002?)

So, I assume your I-485 was sent to NSC before August 6, 2002? Do you consider yourself under CSPA or not? Please, answer!

First, I thought they lost our "nunc pro tunc" papers... But now... I don't know...

And there is a problem with the spell of the name on I-485. First, it was spelled one way, at the time of the fingerprints they say they gonna change the spell. Something went wrong because of this?

**Hesitant** · 27th February 2008, 08:00 PM

thankful, you sound very experienced, please explain: if a derivative asylee no longer under CSPA protection, is he still eligible for I-589 "nunc pro tunc" routine? Thank you.

**Hesitant** · 28th February 2008, 07:52 AM

I have found some information: if a derivative asylee no longer protected under CSPA, he should apply for the new asylum status directly to the nearest Asylum office. The asylum will be granted through "non pro tunc" procedure either. Could somebody please confirm this?

**garov55** · 28th February 2008, 12:55 PM

Originally Posted by Hesitant

minka79, hi! Could you please to answer me about filling nunc pro tunc Form. My son in derivative asylum status and they denied his I-485 (was sent together with filled I-589 "nunc pro tunc", but it does not work). And now he should start again from Asylum office. So my question is:are all the questions on that I-589 Form should be answered? Or, in "nunc pro tunc " it is allowed not to answer all the questions(how can child know all the details?) As I remember I have read somewhere in "nunc pro tunc" Form you are supposed to write "nunc pro tunc" and that's it! No more answers! Is that correct? Actually, hi is already filled in this nunc pro tunk Form,(along with his I-485) but I am not sure hi did it correct.

hi again
quick question you said
"My son in derivative asylum status " does that mean he was granted asylum ? r u still married to the primary asylum holder? were u ( or your son ) convicted of serious crime?? there must be something there.... ( hope not) maybe honest mistake who knows my advise is see an experienced attorney dont know what to tell you , cause check this out -

1997 ASYLUM GRANTED ON ARRIVAL IN THE USA ( AGE 16- 17)
TURN 21 IN 2002 APRIL.. became inelegible for deleretive asylum...
2006 ( age 25 ) - I 485 SENT... ( sent late my fault)
april of 2007 - i 485 put on hold - REQUEST FOR ADDITIONAL EVIDENCE ( stating to send i 589 nunc pro tunc)
JUNE 25 OF 2007 - EVIDENCE RECIVED CASE RESUMED
AND ON JULY 12 OF 2007 CASE -TRANSFERED TO AN ASYLUM OFFICE IN VA (i m currently located in SC)
since than nothing
notes - never been to an interview / hopefully coming up soon

status
just waiting.....

good luck ....

**garov55** · 28th February 2008, 01:37 PM

also from what i know NUNC PRO TUNC means in MY CASE:
they will look at my case as if i was just granted asylum - just like in 1997 when i arived,
in other words as if now is 1997 and have just arrived with asylum granted.
if that makes senSe to you
than they will take it from there
i had 1 year from the date my asylum was given to apply for adjustment of status/PR - I 485
but i DID NOT - THERE FOR I HAVE TO APPLY FOR NUNC PRO TUNC

anyone correct me if am wrong
than if commited (from 1997 to present ) any crime / didnt pay my taxes / engage in anything illegal / dad devorced mom / dad went back home and etc.....

it can be pretty serious/ but if you r clean good citizen it should be ok

**Hesitant** · 28th February 2008, 02:30 PM

Hi, garov55! My son got asylum through his father (derivative asylum was granted to my son in 1998), I was not included in their case. He turned 21 on August 2000. 07/2006 I-485 sent. In denial letter to my son NSC states: "this denial does not affect your asylum status. As an asylee, you are entitled to remain in the United States and retain your employment authorization." He has no criminal records. Nobody in our family have them. And he paid his income taxes.

You mentioned earlier, that your father has submitted I-485 applications for all your family. As I understand it happened before 2006? . Probably, they put on hold your Application since then? And now NSC consider your application (when your mom and dad got their GCs) as pending? What year did it took place? Thank you in advance for your reply.

**Hesitant** · 29th February 2008, 06:30 PM

OK. I don't know why, but denial letter state: the applicant no longer under CSPA protection.I guess the reason is:he turned 21 y.o. before August 6, 2002.
Just wondering, why this lawyer guy tell me nothing, I had consultation a few years ago...

**garov55** · 29th February 2008, 07:25 PM

according from what you have posted i honestly have no clue why your son was denied?? and not given a chance to apply - adjust tru NUNC PRO TUNC

i mean im almost in the same situation as your son as u can see below

1997 ASYLUM GRANTED ON ARRIVAL IN THE USA ( AGE 16- 17): (edit tru my dad as ur son)
TURN 21 IN 2002 APRIL.. became inelegible TO ADJUST STATUS TRU deleretive asylum... : (edit again its prior to August 6, 2002. as your sons)

2006 ( age 25 ) - I 485 SENT... ( sent late my fault): EDIT SEE THE DATE ITS IN 2006!

april of 2007 - i 485 put on hold - REQUEST FOR ADDITIONAL EVIDENCE ( stating to send i 589 nunc pro tunc): EDIT I 485 NOT DENIED BUT PUT ON HOLD FOR MORE EVIDENCE , NOW HERE IS WHEN IM CONFUSED
AND HERE IS WEN UR SON GOT AN DENAIL LETTER AND I DIDNT WHY I HAVE NO IDEA WHY????
correct me if im wrong

JUNE 25 OF 2007 - EVIDENCE RECIVED CASE RESUMED

AND ON JULY 12 OF 2007 CASE -TRANSFERED TO AN ASYLUM OFFICE IN VA (i m currently located in SC)

SO ACCORDING TO THE FOLKS HERE ON THIS FORUM AS I HAVE ASKED THEM EARLIER ITS ALL NORMAL THE WAY MY CASE IS GOING ..
MY ATTORNEY'S STATED THE SAME ....

again i have no idea why your son was not given a chance to adjust tru nunc pro tunc
my letter also stated that i can choose to apply for asylum on my own but as i ve posted above it was strongly suggested by the uscis to apply for NUNC PRO TUNC and clearly put it in the I 589 that is NUNC PRO TUNC..
i wish i can help you
again its best for you and your son to see an expirienced attorney with knowledge about nunc pro tunc

and i have another question ..

you said that : the letter stated
"this denial does not affect your asylum status. As an asylee, you are entitled to remain in the United States and retain your employment authorization."
now that means that he still has an asylum ???? which if true is good and maybe they will let him adjust in future ...???

also you asked :
Do you consider yourself under CSPA or not?
yes i do AND IF I WASNT UNDER THE CSPA THEY WOULD NOT LET ME APPLY FOR NUNC PRO TUNC...

u also said name was spelled incorectly in a different uscis form THIS IS NOT GOOD be sure TO CORRECT IT / THEY WONT DO IT FOR YOU
AND FINALLY DONT SEND 2 DIFFERENT FORMS IN ONE PACKAGE AS I THINK U POSTED ABOVE like i485 and i589 togeder ....

anyway good luck again and I WISH IT ALL GETS BETTER FOR YOU AND YOUR SON

**garov55** · 29th February 2008, 07:39 PM

Hesitant hello again !!
check this out a lil more info about NPT derivative asylum

http://boards.immigrationportal.com/...d.php?t=206253

**Hesitant** · 1st March 2008, 12:07 PM

garov55 thank you for your writing.

This is very useful for me as the cases look alike. As I now believe the clue of my son's problem is he turned 21 y.o. before August 6, 2002.

Since that date CSPA became effective. This is why you are under CSPA protection and he is not. (I assumed you've turned 21 y.o. after August 6, 2002? Right?)

Earlier I thought it somehow connected with parent status. Please tell me is your Dad citizen now? I assumed he is a Green Card holder as my son's Dad.

Actually, my son eligible to apply for GC again, but first he should change his derivative asylee status for a regular asylee status. (Through nunc pro tunc either). This is all because he is not under CSPA anymore. I 've found Manual for asylum officer and they do nunc pro tunc stuff for people who is not under CSPA anymore. But he should apply directly to an Asylum Office.

But now I am trying to understand all the details of the current situation. And sure, i am looking for a good advise from the good lawyer (CSPA is one of the most complicated Acts and I need a really good specialist in that matter) .

I have small hint of hope the current case is fixable(not through appeal). So I am going to spend some time studying the problem.

**garov55** · 1st March 2008, 03:36 PM

dad is GC holder
i turned 21 on april of 2002
and from what i found out i was still in my Country of Bird when asylum was granted to Me, very soon after i came to the USA and was united with my family,
if that makes any difference .....

**Hesitant** · 3rd March 2008, 12:42 PM

Somebody from this forum reviewed my son's case and I was asked about the date when the asylum case was opened. It was July, 1992. Probably it makes a difference (?)

**Hesitant** · 3rd March 2008, 04:21 PM

Garov55, I found something! I assumed your Dad filed I-730 petition? Now I understand! Your I-730 was filed before August 6, 2002 and you was under 21 when I-730 was filed. My son was granted asylum without I-730. From the Law: a derivative is eligible for continued classification as a child if : The Form I-730 from which the derivative is benefiting was pending on August 6, 2002, and the derivative was under the age of 21 at the time the I-730 was filed.

**garov55** · 3rd March 2008, 06:50 PM

Originally Posted by Hesitant

Garov55, I found something! I assumed your Dad filed I-730 petition? Now I understand! Your I-730 was filed before August 6, 2002 and you was under 21 when I-730 was filed. My son was granted asylum without I-730. From the Law: a derivative is eligible for continued classification as a child if : The Form I-730 from which the derivative is benefiting was pending on August 6, 2002, and the derivative was under the age of 21 at the time the I-730 was filed.

Yes
we got it right here!!!
I 730 was filed before August 6, 2002 / and also i was under 18 wen the i 730 was filed.........

well after all ............ sorry to hear about your sons denial and im sure there will be some kind of way for him to stay.....
i wish you luck and keep us posted of what happens ...
i ll do the same...

**chang1428** · 10th March 2008, 07:37 PM

Hesitant & garov55,

Let me ask u a question. This is the sitution.
Dad files asylum in 1999. His son is under 21 at time of filing & his name is listed in I-589 as family member. Dad's asylum is approved in 2005 means his I-589 which listed his son name was pending on Aug 6, 2002 (CSPA ENACTMENT DATE). Son turns 21 before Aug 6, 2002.

Based on ur research of CSPA. Do u think his son who is still unmarried qulifies under CSPA as child or otherwise?
Thanks

**thankful** · 11th March 2008, 08:32 AM

Originally Posted by chang1428

Hesitant & garov55,

Let me ask u a question. This is the sitution.
Dad files asylum in 1999. His son is under 21 at time of filing & his name is listed in I-589 as family member. Dad's asylum is approved in 2005 means his I-589 which listed his son name was pending on Aug 6, 2002 (CSPA ENACTMENT DATE). Son turns 21 before Aug 6, 2002.

Based on ur research of CSPA. Do u think his son who is still unmarried qulifies under CSPA as child or otherwise?
Thanks

He should be covered.