how to filed nunc pro tunc?

dahlia0316

New Member
On December 2002, my mother have filed I-589 with my name attached to as a derivative asylee, I was only 19 years old. We received our final approved in April, 2005. I was 21 years old only15 days early, but my name was on the approval letter. After a year we both filed our I-485, my mother received her green card in Dec, 2006. But I received a letter: request for evidence, says that i am no longer eligible to adjust my status as a lawful permanent resident as a dependent of an asylee due to: the fact that you were over 21 on the date my mother's I-589 was approved. And I must apply for I-589 on my own.

From what I know, I am under the CSPA, but if I have to filed a nunc pro tunc, what should I do? (since I didn't went though the terror myself.) and how is the processed go after I filed the nunc pro tune?
 
dahlia0316 said:
On December 2002, my mother have filed I-589 with my name attached to as a derivative asylee, I was only 19 years old. We received our final approved in April, 2005. I was 21 years old only15 days early, but my name was on the approval letter. After a year we both filed our I-485, my mother received her green card in Dec, 2006. But I received a letter: request for evidence, says that i am no longer eligible to adjust my status as a lawful permanent resident as a dependent of an asylee due to: the fact that you were over 21 on the date my mother's I-589 was approved. And I must apply for I-589 on my own.

From what I know, I am under the CSPA, but if I have to filed a nunc pro tunc, what should I do? (since I didn't went though the terror myself.) and how is the processed go after I filed the nunc pro tune?


What is your marital status? This affects your CSPA eligibility.
 
File the Application

Don't worry, the filling of the application is just customery.
But you must file it within the date they specifiy. You might be thinking what you should put in those areas asking for persecution details, nothing. They will copy from your MOM's. Don't let their deadline pass by, because you only have one shot at this.

I was in exact same situation, my mom's GC came but they refused mine because I got married and no longer qualified as derievative asylee. So I hesitated like you not knowing what to do. Luckily in my case, I filed a new application through my wife who is a USC. but after doing ALOT of research, I found out that all I had to do was just file the application and my green card would have come. whatever you do, don't miss their deadline they give you. Which I think is like 25 days.

good luck,

Bash123
 
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