Derivative Asylee Case "nunc pro tunc".

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LEEYA28

Registered Users (C)
Hi guys,
I'm hoping to get some advise as to whether I need an immigration lawyer or not. I was granted derivative asylee status through my father when I was 20yrs, I'm 28yrs old now and I a recently applied for adjustment to permanent residency status I-485. I got a letter from immigration stating that I needed to apply for a grant of asylum "nunc pro tunc" because I'm over the age of 21 and an asylee derivative, so that I could be granted asylum in my own right in order to be eligible for permanent residency status. The problem is we were at war when we were granted asylum but not anymore. Also my father who I derived the asylum for is no longer in the United States, he went back when things got better even though my sister and I begged him not to because we still don't think the country will ever be 100% safe and feel that it still has the potential for a war to break there again , even though things are stable now. So if I apply, I'm worried that they might ask about my mother and that I would have to prove that my life is still in danger, even thoug the war is over now.
 
It is just a "whats up" interview,, don't panic i know of 3 people that did it including my sister so relax..

Question though why did you wait so long to adjust your status to permanent residency
 
LEEYA28 said:
Hi guys,
I'm hoping to get some advise as to whether I need an immigration lawyer or not. I was granted derivative asylee status through my father when I was 20yrs, I'm 28yrs old now and I a recently applied for adjustment to permanent residency status I-485. I got a letter from immigration stating that I needed to apply for a grant of asylum "nunc pro tunc" because I'm over the age of 21 and an asylee derivative, so that I could be granted asylum in my own right in order to be eligible for permanent residency status. The problem is we were at war when we were granted asylum but not anymore. Also my father who I derived the asylum for is no longer in the United States, he went back when things got better even though my sister and I begged him not to because we still don't think the country will ever be 100% safe and feel that it still has the potential for a war to break there again , even though things are stable now. So if I apply, I'm worried that they might ask about my mother and that I would have to prove that my life is still in danger, even thoug the war is over now.
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you need a lawyer>>>good luck
 
shefe said:
It is just a "whats up" interview,, don't panic i know of 3 people that did it including my sister so relax..

Question though why did you wait so long to adjust your status to permanent residency
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I know I'll be the first to say I waited too long and I definitely regret that, but unfortunately I can't change that now.
 
thats my personal opinion and i could be wrong.....always seek a legal advice if you are worry about something will pop up or not sure about an issue ......good luck
 
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LEE,

DO NOT PANIC. You don´t need a lawyer. What they will do is open an A'file under your name, because you are 21 or older. They will not ask any thing, make sure to take all what you have related to your parents case. Take the letter granted asylum, take a document that relates you to your family, birth certificate for example.

I also know three persons that had to file a nunc pro tunc and are know permanent residents.

About the situation in your country, I really think that will not be an issue either.

No lawyer needed.
Good luck
 
Colombian PR said:
LEE,

DO NOT PANIC. You don´t need a lawyer. What they will do is open an A'file under your name, because you are 21 or older. They will not ask any thing, make sure to take all what you have related to your parents case. Take the letter granted asylum, take a document that relates you to your family, birth certificate for example.

I also know three persons that had to file a nunc pro tunc and are know permanent residents.

About the situation in your country, I really think that will not be an issue either.

No lawyer needed.
Good luck
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Columbian PR thanks for your reply, that makes me feel so much more at ease. I had a feeling that it shouldn't be a problem, but you just never know with immigration, it's always good to ask for different opinions out there.
 
LEEYA28 said:
Columbian PR thanks for your reply, that makes me feel so much more at ease. I had a feeling that it shouldn't be a problem, but you just never know with immigration, it's always good to ask for different opinions out there.
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I obtained my asylum nunc pro tunc when I was a college student. I derived my asylum from my mother. I hired an attorney which, in itself, was not a mistake but it was a mistake because my attorney was terrible. But that is another story. The thing was that I was asked at the nunc pro tunc interview why I was afraid to go back to my country BUT I believe this was because the asylum officer that interviewed me did not know that he was probably not supposed to ask me that. So what the answer that I gave had nothing to do with my fear of going back (because in reality it was my mother who had the fear - not me) and I was still granted asylum nunc pro tunc. So I feel there is nothing to worry about.

Also, am I not correct that nowadays you may not even have to do a nunc pro tunc interview because of the Child Status Protection Act?

See here: http://www.immigration.com/newsletter1/childprotac.pdf
 
Nunc Pro Tucn is a process that the USCIS uses to estublish a separate file for deravative asylees who were dependent but who are now independent. The interview is just formality, and very easy.

however, there is one thing you should be aware. if you want to claim dependents, for example if you claim a wife on your application who you want to derive status from you, you will not be able to go through the nunc pro tun process. You must go through the normal process that asylees go thruough if you claim dependents.

for the nunc pro tunc process to go smooth do not cliam dependents. I don't believe that you will need a lawyer...good luck
 
Nunc Pro Tucn is a process that the USCIS uses to estublish a separate file for deravative asylees who were dependent but who are now independent. The interview is just formality, and very easy.
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Could you clarify what you mean by "establish a file", please? For example, I am a derivative asylee but I have my own A-number, orders granting asylum, etc. Since nunc pro tunc is a formality, I am struggling to understand why it is even necessary.

One more reason why immigration service works in mysterious ways...
 
vdostoi1 said:
I obtained my asylum nunc pro tunc when I was a college student. I derived my asylum from my mother. I hired an attorney which, in itself, was not a mistake but it was a mistake because my attorney was terrible. But that is another story. The thing was that I was asked at the nunc pro tunc interview why I was afraid to go back to my country BUT I believe this was because the asylum officer that interviewed me did not know that he was probably not supposed to ask me that. So what the answer that I gave had nothing to do with my fear of going back (because in reality it was my mother who had the fear - not me) and I was still granted asylum nunc pro tunc. So I feel there is nothing to worry about.

Also, am I not correct that nowadays you may not even have to do a nunc pro tunc interview because of the Child Status Protection Act?

See here: http://www.immigration.com/newsletter1/childprotac.pdf
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Thanks for all your replies, Can you tall me exactly what your reply was to the person who interviewedou . I just met with a lawyer today, but I don't think that she know what she's doing. She told me that the fact that my mom went back, might be an issue and also the fact that the country is at peace right now. Also hen you file for the "nunc pro tunc" application, did yuou have to explain eveything all over again , or did you just staple the letter of approval to the form ?
 
Leeya,

Do you still have copies of the original asylum application that your father filed?

When filling the I-589 form dont write about anything about persecution and so on , just say "please refer to section of the original I-589 filed" but you must fill the biographic part. Attached a copy of your father's original 589 and send them to the service center that requested for it and they will process you for a NPT interview.
 
Was your father (the parent who went back) the principal asylum applicant?

Sorry to be the bearer of bad news, but I spoke with a few lawyers I know and they believe that your situation is very complicated. The whole nunc pro tunc concept is premised on the principal's applicant's continued asylum status (your father's). The USCIS might view your dad as having abandoned his asylum status by leaving the country permanently (both U.S. and international law would support that view). If the USCIS knows about your dad then the nunc pro tunc application may not be able to go forward (how can they honestly impute your dad's fear of persecution onto you?).

I could not find lawyer who handled something similar before (it is rare for an asylee to leave his family behind in the U.S.). Given that this is so novel I believe that you need good legal representation.
 
Thanks for all your replies,I really appreciate it, I know it's a complicated situation so my next step is to find a good lawyer and hope for the best.
 
LEEYA28 said:
Thanks for all your replies, Can you tall me exactly what your reply was to the person who interviewedou . I just met with a lawyer today, but I don't think that she know what she's doing. She told me that the fact that my mom went back, might be an issue and also the fact that the country is at peace right now. Also hen you file for the "nunc pro tunc" application, did yuou have to explain eveything all over again , or did you just staple the letter of approval to the form ?
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I just attached my mother's application. I was not explaining anything. The interviewer asked me about why I am afraid to go back to COP the lawyer stepped in and told the guy that it has been such a long time since I have been to my COP that I do not remember anything. In a week I came to pick up my approval letter.
 
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