Asylee Nunc Pro Tunc Interview

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.
 
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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 .....
 
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 (?)
 
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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.
 
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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...
 
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
 
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.
 
Just wondering if any other "aged out" derivative asylee exists? It seems like I am all alone.:(
 
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i got my gc through nunc pro tunc interview and i485 initial interview..just wait,and do not forget after every interview ask interviewer where are those files transfer to~~goo luck:)
 
Just wondering if any other "aged out" derivative asylee exists? It seems like I am all alone.:(

I went through the whole nunc pro tunc process back in 2002 before the CSPA so I can share experiences if needed. In 2002 I was 23 years old and had to go through nunc pro tunc for my I-485 to be adjudicated.
 
Hi, Vdоstoi1!


It will be very great if you share your experience. I hope all went smooth?
 
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Hi, Vdоstoi1!


It will be very great if you share your experience. I hope all went smooth?

Yes, pretty smoothly. I hired an attorney as I only read on the INS web site at that time that if you happen to have gotten asylum and then could no longer be classified as a derivative during the adjustment process, you needed to get asylum nunc pro tunc. The attorney I hired did not know anything about the nunc pro tunc process and so it was a waste of money. I was stupid then and did not know that one attorney's qaulifications differed from another's. Whatever. At the interview, I remember the officer did ask me why I feared of going back to my country - I was surprised as I was not prepared to answer that question as I understood that I did not have to establish my own credible fear of persecution since my application was adjudicated nunc pro tunc but the only good thing that my lawyer did do is remind the officer that I was filing nunc pro tunc and he just looked through the papers and did not ask anything else about my fear of persecution. I believe I was asked general biographical questions and then was approved in about 2 weeks after my interview. I believe overall it was pretty smooth. You do not need an attorney for this process - that is what I learned.
 
Vdostoi1,

thank you for sharing your experience. Do you remember something about filing your I-589? Do we have to answer questions other than bio information? Like questions in Part B of I-589? (about fear and stuff like this). Did you leave them unfilled? I marked my son's application "nunc pro tunk" and they erased this mark. (the nunc pro tunc I-589 was already submitted with I-485 and was returned because of denial) . Probably I should mark cover sheet of application?
 
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Vdostoi1,

thank you for sharing your experience. Do you remember something about filing your I-589? Do we have to answer questions other than bio information? Like questions in Part B of I-589? (about fear and stuff like this). Did you leave them unfilled? I marked my son's application "nunc pro tunk" and they erased this mark. (the nunc pro tunc I-589 was already submitted with I-485 and was returned because of denial) . Probably I should mark cover sheet of application?

Not entirely sure what you mean by you already sent the nunc pro tunc once before. Any questions relating to persecution, fear, were marked (see mother's application) on mine, I believe.
 
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


If you were in asylee status you are eligible to work with or without employment authorization card. It is to show to your employer that you are allowed to work in US. If your employer does not ask for it, it is not your problem. You are not breaking the law.

Also employers might hire you with an unexpired DL and clean SSN card (the one that does not say eligible for work with DHS authorization only).
 
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