My reflection on Nunc Pro Tunc ( A black hole in Immigration)

njamame said:
Can someone please help me??? I am a derivative asylee and applied for my Green Card in early 2004. Later that year I married to a non-citizen. Now I am finding out that I may be in trouble - do you know if I can lose my status as an asylee? Also, do you know if I need to file a nunc pro tunc? Can that still help me get my green card? I still have not heard anything from the USCIS - just the regular GC process. Should I wait to hear from them first before I appy for a nunc pro tunc (if eligible for that).
Njamame: How did you get your derivative asylum? There are two routes; one is through your parents. and the other one is through your espouse. Since you got married, I think you got your asylum through your parents. If this is the case, and you married, and you told your new status to the USCIS, then you will not be able to adjust. So there is need for some extra-information on your side...
 
Faysal question for you.. What is this process you are going through for?

From your signature you indicated you got asylum in 2000, so why are you now going for another interview?

Very confusing... is it because of your divorce and you were a derivative applicant? thanks
 
because of your divorce and you were a derivative applicant? thanks

Yes: That was the basis of me doing the asylum interview again...
 
To Faysal

I have my asylum through my parents. However, my understandins is that if you have a derivative asylee status (regardless how it was obtained) and you age out (still applying to some applicants), marry (if you have your asylum from your parents) or divorce (if you were married to the principal applicant) in order to adjust your status you need to file a nunc pro tunc application. In my case I did all of the right things - checked with my lawyer before I got married and he said I will have no issues with it. Look where I am now... finding out that my green card application may be denied because I got the wrong advise. Even worse - I am concerned over the nunc pro tunc process - not sure if it is such a formality anymore...

I guess at this point I am trying to see where would be the best place for me to file NPT - Chicago or Arlington. I am supposed to move soon and am trying to figure out where I will have less hassle with the process and it will be less waiting time for me. Also, from what I understand if I get a nunc pro tunc approval I can notify USCIS and not have to file another green card application. Can someone please let me know if this is true?

Thank you in advance.
 
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Mr/Ms: Njamame: I can’t really tell you whether you need to file Nunc Pro Tunc or not, but the process is not that bad. It is a delay though. Now, if you have applied for I-485 and it is still pending, and you need to do NPT USCIS will not deny your application, but they will transfer it to local asylum office. If everything is ok, the asylum office will grant your NTP. Then you will need to forward your NTP approval to USCIS so that they can resume processing your I-485.
My case if you follow my time line, my Nunc Pron Tunc was approved, I sent my approval of NPT to Nebraska, they told me that they are processing my I-485. I didn’t have to do it again.

Another note, if you really have the gut feeling that you need to file nunc pro tunc it is good idea to file it now. It is not big deal. I missed to do it earlier, and that is why I am still pending. If you do it now, the process will be faster.

Also if you marry, and you want your wife to derive from you deravitive asylum, that would be a new asylum. You won’t qualify for NPT. You will do asylum from a new…good luck..
 
This would be nothing more than a formality. Do not worry.

njamame said:
I have my asylum through my parents. However, my understandins is that if you have a derivative asylee status (regardless how it was obtained) and you age out (still applying to some applicants), marry (if you have your asylum from your parents) or divorce (if you were married to the principal applicant) in order to adjust your status you need to file a nunc pro tunc application. In my case I did all of the right things - checked with my lawyer before I got married and he said I will have no issues with it. Look where I am now... finding out that my green card application may be denied because I got the wrong advise. Even worse - I am concerned over the nunc pro tunc process - not sure if it is such a formality anymore...

I guess at this point I am trying to see where would be the best place for me to file NPT - Chicago or Arlington. I am supposed to move soon and am trying to figure out where I will have less hassle with the process and it will be less waiting time for me. Also, from what I understand if I get a nunc pro tunc approval I can notify USCIS and not have to file another green card application. Can someone please let me know if this is true?

Thank you in advance.
 
Dear Fayscal

Dear Friend,

Thank you for your note. I am actually a woman and I am already married - this is why I think I need to file NPT.

Best of luck to you! I will definitely follow the progress of your and everyone else's application.

Sincerely,

Njamame
 
Hi.. Thankful thanks for your advised I send them a letter on May 15 2006 and yesterday I receive a letter from Arlington, the letter tell me my case is still pending.I don"t know what should I do? to make them speed processing my case. if any one have same experience please share with me. thanks .
 
Strange Notice on NUNC PRO TUNC

My sister finally mailed her NUNC PRO TUNC and she finally got an interview date for June 26 2006 but what was strange about the paper was it says

***INTERVIEW RESCHEDULE NOTICE***
YOU AND FAMILY MEMBERS ON YOUR FOR I-589 HAVE BEEN RESCHEDULED BY THE USCIS FOR INTERVIEW AS SHOWN BELOW. FAILURE WITHOUT GOOD CAUSE TO APPEAR FOR INTERVIEW OR TO PROVIDE A COMPTENT INTEREPRETER MAY RESULT IN REFERRAL OF YOUR CASE TO AN IMMIGRAYTION JUUDGE.

Did anyone get this notice for NUNC PRO TUNC INTERVIEW ?
 
shefe said:
My sister finally mailed her NUNC PRO TUNC and she finally got an interview date for June 26 2006 but what was strange about the paper was it says

***INTERVIEW RESCHEDULE NOTICE***
YOU AND FAMILY MEMBERS ON YOUR FOR I-589 HAVE BEEN RESCHEDULED BY THE USCIS FOR INTERVIEW AS SHOWN BELOW. FAILURE WITHOUT GOOD CAUSE TO APPEAR FOR INTERVIEW OR TO PROVIDE A COMPTENT INTEREPRETER MAY RESULT IN REFERRAL OF YOUR CASE TO AN IMMIGRAYTION JUUDGE.

Did anyone get this notice for NUNC PRO TUNC INTERVIEW ?

Don't worry about it. This is the standard letter. Just go for the interview.
 
Guys my nighmare with Nunc Pro Tunc has come to an end tonight with the message below. It has been extremely difficult time for me to go through the process, but with God's assistance and patience I finally got approval notice. I wish good luck for those of you who are still waiting for their approvals.


Application Type: I485 , Application to Register Permanent Residence or to
Adjust Status

Current Status:

On May 25, 2006, after approving your application, we ordered you a new card.
Your card will be mailed to you as soon as it is ready.

If you have questions or concerns about your application or the case status
results listed above, or if you have not received a decision or advice from
USCIS within the projected processing time frame*, please contact the National
Customer Service Center.

National Customer Service Center (800) 375-5283.

*The projected processing time frame can be found on the receipt notice that you
received from the USCIS.
*** Please do not respond to this e-mail message.
 
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Huuuraaaayyyy!!!!!
faysal
You're finally free!!! My congratulations!!! I'm so happy for you! :p
 
shefe
All you need to take seriously in this notice is the date, time and place of the appointment. The rest is plain BS! ;) Good luck!
 
Morning said:
Huuuraaaayyyy!!!!!
faysal
You're finally free!!! My congratulations!!! I'm so happy for you! :p


Thanks Morning: Yours is also on the way. Have you submitted your approval of NPT to the USCIS, and if you did, did you hear anything from them?
 
faysal
Thanks! I'm sitting quietly and doing nothing at this point. I need the case to drag on till mid-July. The reason is I'm getting married in the end on June and change my last name. In case the NSC issues the card with my current name, I will have tp pay $260.- for the replacement and who knows how long it's going to be. So, I'd rather wait until I can provide documents showing legal name change. Besides, it makes no difference to me if my I-485 aprroved a few months later. The date of marriage has much more relevance for citizenship application - I plan to apply though marriage(my fiancee is a native-born USC) and it will save me a lot of time.
 
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