Nunc pro tunc interview
- Thread starter annaraka
- Start date
Morning said:Just checked the mail and foung the Transfer Notice, which explains what in the heck was the LUD on 02/10/06. At the mercy of SF AO again, almost a decade later.
Morning: I am glad that they sent your case to asylum earlier than later. Stay firm. we will get over with.
No update from my case: two months have passed: no interview yet. sitting tight and praying....
OMG, what a nightmare!!!!!!!!
ok guys,
i will try to give you as close to a word for word account of what happened, as possible. this is important, so read carefully.
First of all, bring all of the documents possible. Everything that you possibly can think of. Especially the RFE letters, if you have them saved or copied, and any response that you submitted to the service centers and when; possibly proof of receipt by the NSC.
Secondly, do not forget pictures; just in case bring all documents (you will see why)
Third, pray to god that you get an officer that knows his job -- very important.
I got there an hour early, and I was called after three hours. His name- Officer Vu. When he called me in the back, he asked me why I was there - I told him. He asked me why I applied for nunc pro tunc asylum - I told him that NSC requested. He said "WHY????" I said, perhaps because I did not qualify as a derivative child anymore. He pulled my file and left it on the table. He said, yes, you were still a derivative, why did they request this asylum? I said, I don't know ( I was thinking, perhaps you should know)
He was like what happened? I said, I received an RFE from NSC requesting that I file an I-589. He said, you did not submit it on time, and you did not submit your medicals on time. I was bewildered. I said, I submitted them before my deadline, " Do you have proof?" I said, well, I did not bring the postal receipts, nor did I print out the e-mail from the NSC notifying me of their recepit of my RFE replies. He was flipping through my file, and not even looking for anything, and I noticed my RFE letter, along with my replies, in the file, so I said, here they are, they were received on time. He said "Oh, ok then" so why did you apply for nunc pro tunc asylum? and by that time, my eyes were almost in tears. I realized that this guy had not even reviewed my file, he had no idea what was going on with my case.
He said, it is very starnge, I need to go talk to my supervisor. He went and later came back and asked me if my father's asylum was granted before I turned 21, I said yes. I also told him that I was married after asylum, and divorced in the mid-process of my GC. He said that doesn't matter, as long as you did not marry before asylum grant as a deriv. child. They could not figure out why I was requested to do an n-p-t asylum app.
He kept going back and forward to his supervisor, and then he finally came and said, I don't know why you applied for asylum, but I will dgive you an interview anyways. I was like, ok. ANd he stared by asking my name and address, and when I left the US an the meantime, where I went and how long, and he remebered something and said: something is not right with your case, why would they ask you for asylum, and let me go speak to my supervisor. when he returned, he asked "Did you do a nunc pro tunc for yourself when your father was granted asylum? immediatly after his grant?" I said no, I didn't know I had to. He said thats why you were requested this by the NSC. He then said, you should have told me that, we would have been done in ten minutes, I shrugged and he said, well I should have asked you that.
After going to his super. again, ( I am assuming by this time, they may have called someone at the NSC) he came back and said, they asked you for this process because you were married and divorced. (The whole time I was thinking in my head, I told you that, I find my own paperwork in my own file, which I never saw before, I explained everything in detail to you, what is your problem?) This guy was lost. He said, sorry to keep you here so long, but I need to find the nunc pro tunc form, I know we have them somewhere, I've done them before. He couldn't find one in his cabinet and started calling all of his coworkers asking for this one sheet of paper with 6 or 7 questins called the Nunc pro tunc form, which no one had any copies of it.
someone told him how to find it on the computer but he couldn't, so he left the office again, and came back later with someone else's already filled out form. he used white-out, and erased that person's name and info from it, and used the same form on me. in the meantime, when he was gone, I took a peek in my file. i saw that the fbi check came back as "No-Ident". there was nothing about my travels in it. he asked me to raise my hand and take an oath, and then filled out the form for me. the questins on this n-p-t form were1. full name, 2.date and place of birth, 3. ever been arrested or detained by any law enforcement, 4. ever been fingerprinted by any law enforc, 5. ever had any tickets or anything issued by law enforc, 6. ever been ordered to pay child support or ever faied to pay any court orered paymt.
I said I had many tickets, he said ok, did you pay them, i said yes, he said thats fine. signed it, and that was all.
He said that "they" should have notified him that this was a n-p-t case, so he would have been prepared. i was like it's fine. he said oh my gd, i almost gave you an interview when you didn't even need one, i said that's ok.
before all this i was trying to ask him what the process was, and he's like I'll tell you at the end, don't brake my concentration now. (this guy was an attorney? of course, texas southern law school)
anyways, at the end, he was like did you bring pictures? i was like, no I din't know, but i can go take some now and bring them. he was like, oh no, never mind, this won't need a picture. he said today, i will mail you a temporary I-94. (I think he meant temp. GC) he said you know it is white, and it doesn't need a picture, so later you will receive your GC in the mail, your case is approved there is nothing left. I was like really? i wasn't so convinced after this encounter. not to mention the fact that in the beggining I asked him if they have jurisdiction, or if they could aprove an I-485, he said no, we only deal with asylum. so i don't know what to expect now. i wish i had more concrete answers for you guys, as to what will happen, but i don't even know for myself. i think i am so unlucky that i will not get the temp. gc, but will be asked for another rfe. but if what he said is true, then in a week or so, i can get my temp. gc in the mauil, and then wait for the plastic.
good luck to you all. sorry if my writing is incoherent but too much info.
ok guys,
i will try to give you as close to a word for word account of what happened, as possible. this is important, so read carefully.
First of all, bring all of the documents possible. Everything that you possibly can think of. Especially the RFE letters, if you have them saved or copied, and any response that you submitted to the service centers and when; possibly proof of receipt by the NSC.
Secondly, do not forget pictures; just in case bring all documents (you will see why)
Third, pray to god that you get an officer that knows his job -- very important.
I got there an hour early, and I was called after three hours. His name- Officer Vu. When he called me in the back, he asked me why I was there - I told him. He asked me why I applied for nunc pro tunc asylum - I told him that NSC requested. He said "WHY????" I said, perhaps because I did not qualify as a derivative child anymore. He pulled my file and left it on the table. He said, yes, you were still a derivative, why did they request this asylum? I said, I don't know ( I was thinking, perhaps you should know)
He was like what happened? I said, I received an RFE from NSC requesting that I file an I-589. He said, you did not submit it on time, and you did not submit your medicals on time. I was bewildered. I said, I submitted them before my deadline, " Do you have proof?" I said, well, I did not bring the postal receipts, nor did I print out the e-mail from the NSC notifying me of their recepit of my RFE replies. He was flipping through my file, and not even looking for anything, and I noticed my RFE letter, along with my replies, in the file, so I said, here they are, they were received on time. He said "Oh, ok then" so why did you apply for nunc pro tunc asylum? and by that time, my eyes were almost in tears. I realized that this guy had not even reviewed my file, he had no idea what was going on with my case.
He said, it is very starnge, I need to go talk to my supervisor. He went and later came back and asked me if my father's asylum was granted before I turned 21, I said yes. I also told him that I was married after asylum, and divorced in the mid-process of my GC. He said that doesn't matter, as long as you did not marry before asylum grant as a deriv. child. They could not figure out why I was requested to do an n-p-t asylum app.
He kept going back and forward to his supervisor, and then he finally came and said, I don't know why you applied for asylum, but I will dgive you an interview anyways. I was like, ok. ANd he stared by asking my name and address, and when I left the US an the meantime, where I went and how long, and he remebered something and said: something is not right with your case, why would they ask you for asylum, and let me go speak to my supervisor. when he returned, he asked "Did you do a nunc pro tunc for yourself when your father was granted asylum? immediatly after his grant?" I said no, I didn't know I had to. He said thats why you were requested this by the NSC. He then said, you should have told me that, we would have been done in ten minutes, I shrugged and he said, well I should have asked you that.
After going to his super. again, ( I am assuming by this time, they may have called someone at the NSC) he came back and said, they asked you for this process because you were married and divorced. (The whole time I was thinking in my head, I told you that, I find my own paperwork in my own file, which I never saw before, I explained everything in detail to you, what is your problem?) This guy was lost. He said, sorry to keep you here so long, but I need to find the nunc pro tunc form, I know we have them somewhere, I've done them before. He couldn't find one in his cabinet and started calling all of his coworkers asking for this one sheet of paper with 6 or 7 questins called the Nunc pro tunc form, which no one had any copies of it.
someone told him how to find it on the computer but he couldn't, so he left the office again, and came back later with someone else's already filled out form. he used white-out, and erased that person's name and info from it, and used the same form on me. in the meantime, when he was gone, I took a peek in my file. i saw that the fbi check came back as "No-Ident". there was nothing about my travels in it. he asked me to raise my hand and take an oath, and then filled out the form for me. the questins on this n-p-t form were1. full name, 2.date and place of birth, 3. ever been arrested or detained by any law enforcement, 4. ever been fingerprinted by any law enforc, 5. ever had any tickets or anything issued by law enforc, 6. ever been ordered to pay child support or ever faied to pay any court orered paymt.
I said I had many tickets, he said ok, did you pay them, i said yes, he said thats fine. signed it, and that was all.
He said that "they" should have notified him that this was a n-p-t case, so he would have been prepared. i was like it's fine. he said oh my gd, i almost gave you an interview when you didn't even need one, i said that's ok.
before all this i was trying to ask him what the process was, and he's like I'll tell you at the end, don't brake my concentration now. (this guy was an attorney? of course, texas southern law school)
anyways, at the end, he was like did you bring pictures? i was like, no I din't know, but i can go take some now and bring them. he was like, oh no, never mind, this won't need a picture. he said today, i will mail you a temporary I-94. (I think he meant temp. GC) he said you know it is white, and it doesn't need a picture, so later you will receive your GC in the mail, your case is approved there is nothing left. I was like really? i wasn't so convinced after this encounter. not to mention the fact that in the beggining I asked him if they have jurisdiction, or if they could aprove an I-485, he said no, we only deal with asylum. so i don't know what to expect now. i wish i had more concrete answers for you guys, as to what will happen, but i don't even know for myself. i think i am so unlucky that i will not get the temp. gc, but will be asked for another rfe. but if what he said is true, then in a week or so, i can get my temp. gc in the mauil, and then wait for the plastic.
good luck to you all. sorry if my writing is incoherent but too much info.
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M
Morning
Guest
faysal
Did you receive Transfer Notice?
two months have passed: no interview yet.
Write them (SF AO) and ask if they are working on the case.
I'm anxiously waiting for annaraka
Did you receive Transfer Notice?
two months have passed: no interview yet.
Write them (SF AO) and ask if they are working on the case.
I'm anxiously waiting for annaraka
M
Morning
Guest
annaraka
I'm so sorry you had to deal with this moron! Once again - their level of incompetence is simply staggering! Thank you very much for a very detailed account and good advice. Hang in there - at least, this extremely unpleasant experience is over for you.
I will start making copies of everything and arrive for the interview with a cart full of papers!
I'm so sorry you had to deal with this moron!
Once again - their level of incompetence is simply staggering! Thank you very much for a very detailed account and good advice. Hang in there - at least, this extremely unpleasant experience is over for you. I will start making copies of everything and arrive for the interview with a cart full of papers!
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annaraka said:that's the saddest part; i have nothing at all in my posetion. they can always claim this interview never took place
Well I took clients to nunc pro tunc interviews at the asylum offices in NY, NJ and Miami. They all got an approval letter and a I-94 card.
Morning said:annaraka
I'm so sorry you had to deal with this moron!
I will start making copies of everything and arrive for the interview with a cart full of papers!
Thanks Morning, good luck to you.........
Morning said:faysal
Did you receive Transfer Notice?
two months have passed: no interview yet.
Write them (SF AO) and ask if they are working on the case.
I'm anxiously waiting for annaraka
Morning: I got transfer notice from both Nebraska and San Fransisco.
I am little bit far away from the asylum office, so I want give them little bit of more time...see what follows:
annaraka said:
Thanks Anakara: This was quick, honest and informative. I am glad that nothing went wrong. As regards to the officer's lack of understanding of Nunc Pro Tunc, that is common. I went to my local office several times to ask about the procedures, and they were all perplexed and could not think of what to say, one officer once said to me when he was frustrated you should not come here. Bottom line is only few serion officers understand the process.
I knew from the starting the greencard thing would be the issue. Thankful is well educated on the subject, and he still maintains that we will get I-94's proving only our status as asylees and we have to do the process again. However, what you recieve on the mail will be the determining factor. I have the feeling you will get Tep. GC on the mail. I think the case was preapproved and only needed the asylum approval. the asylum was not approving a greencard for you. He has authority to approve asylum, but I think the case was approved by Nebresaka contingent on the asylum approval. I hope this scneria works out.
Question: Have done BIO for asylum?
I did BIO for asylum even though my BIO was current. I did on sept. 14 2005. and again Jan. 24, 2006.
Anyways congratulations and keep in touch what comes through the mail
Bad Bad Bad News
oh my God, I just spoke over the phone with the officer who interviewed me at the asylum office yesterday. thankful, you were right again. he said my asylum was aproved, but je can't send me my new I-94 until i send him my old one. but when i asked him if they would forward my file back to NSC he said he had to speak to his supervisor.
Check this, he called me back and said that my asylum is now aproved, and I should reaplly for I-485. I told him that I already applied once, and was in the process, and he said that they probably closed my case or whatever. he said it was up to me what i wanna do, i should send them my new asylum letter or i should reapply, but he suggested i should reapply for I-485 from the beginning, as they were not transfering my case back to the NSC.
After I am done crying and whining, I am about to take a bunch of headache medicine and go to bed.................. I cannot believe this.............. how much longer will i have to wait for a stupid plastic card...................
oh my God, I just spoke over the phone with the officer who interviewed me at the asylum office yesterday. thankful, you were right again. he said my asylum was aproved, but je can't send me my new I-94 until i send him my old one. but when i asked him if they would forward my file back to NSC he said he had to speak to his supervisor.
Check this, he called me back and said that my asylum is now aproved, and I should reaplly for I-485. I told him that I already applied once, and was in the process, and he said that they probably closed my case or whatever. he said it was up to me what i wanna do, i should send them my new asylum letter or i should reapply, but he suggested i should reapply for I-485 from the beginning, as they were not transfering my case back to the NSC.
After I am done crying and whining, I am about to take a bunch of headache medicine and go to bed.................. I cannot believe this.............. how much longer will i have to wait for a stupid plastic card...................
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I'm so happy for you ..the officer was not a bad guy after all.
just keep calling him to send your I-94 to N.S.C. ..give him also you I-485 receipt number and explain to him that your case still pending in Nebraska.
remember the next step gonna be the Green card approval.
Good luck for the others: faysal,morning...
just keep calling him to send your I-94 to N.S.C. ..give him also you I-485 receipt number and explain to him that your case still pending in Nebraska.
remember the next step gonna be the Green card approval.
Good luck for the others: faysal,morning...
jubilee said:
Jubilee,
My fear is that the NSC transfered my entire file to Houston it seems; they had everything in my file there, my RFEs and all. If that is the case then the asylum officer has nothing or no one to send my I-94 to in Nebraska ( if they truly transfered my case for adjudication in Houston.) Meaning my I-485 case at the NSC is closed.
Who knows what happens there, the officer said to me today "I still don't know why they made you do the nunc pro tunc."
annaraka said:
Call the asylum office and speak with the director (Ms. Hummert). Politely ask that they transfer your file back to the NSC. This is how the process is handled normally. Once NSC gets your file back they should process you in a matter of months. Do NOT apply again. Your current I-485 is still not adjudicated.
As I said from the start the Asylum Officers have no authority to grant your green card application.