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

faysal

Registered Users (C)
Guys! I had my interview today. It went this way. I had my appointment at 8:00 am in the morning. I was getting off work (grave-shift) at 7:00 Am in the morning. The interview site was across my work. At 7:30 after few minutes of locating the correct elevator I got the office. I tried to open the door. Someone inside the building realized that there was someone attempting to open the door. The person from the inside opened the door; he asked whether I was there for asylum interview; I replied yes. He said they were waiting for guard officer who would arrive in any minute; upon arrival of the guard they would let us in. In ten minutes the guard arrived, and I went. The officer who had earlier opened me the door called my name upon entry. He fingerprinted me, both left and right indexes. He then photographed me. He then took me into office. On the table in the office there was file I could imagine would fit in the trunk of a car. He asked me simple questions; name, ID, date of birth, my I-94, my wife’s name. he then administered me the oath. He asked me if I were arrested, committed felony…..asked asylum another country….all no. he then asked me whether I had divorce decree of not. I produced a copy of what the court sent me before. He didn’t liked it. He said that the paper I produced could be made by anyone and that he wanted the original decree.

He photo copied my I-94 and ID. He returned them to me. He gave me his fax number and told me to fax the divorce degree. I left the office and headed for home. Got the paper and took it back to him. I handed the paper to him, and this time asked about my greencard file. He said clearly that he had nothing to do with greencard and he was not aware of that I had pending greencard application. He said his part of the job was to do the asylum interview and that he completed the asylum interview. I asked him what will happen my greencard application. He said no idea. He said this is like an apple and orange. The only thing he said he could do is only to mail his decision to NCS.

I asked him are you ganno transfer the file to NCS, and He said no. the file stays with our office but a notice of action would be sent to NSC. I asked him what the status of asylum application was? He said he couldn’t tell me. He would mail me the decision.

The guy though knew what he was doing. The was a big blue sign on my file that red, Especial case Nucn Pro Tunc. The interview took about 15 minutes. The was no problems at all.

Bottom line:
No asylum decision: denial or approval
No clue what will happen greencard if nunc pro tunc is approved

In my understanding, there was no I-148 file transfer from NSC. Only the Nunc Pro Tucn application was sent. The guy didn’t know about it, and he told me that he will not transfer anything back. He said what happens NCS stays there and what happens in asylum office stays asylum office. Only notice is served……………………..I am tried and want to sleep…if this information is sloppy and unorganized…for give me. I intend to give a glimpse of interview to other colleagues..
 
faysal
Thank you for sharing. First of all, congratulations! This extremely unpleasnt predicament is over for you. Next thing that's going to happen is you will receive new asylum approval letter and new I-94 backdated to the original asylum grant. Based on this, your I-485 will be adjudicated within the next few months. You'll be a free man very soon! :cool:
P.S. I'm still waiting for the date of the interview and my fiancee considers hiring very aggressive immigration attorney.
 
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Morning said:
faysal
Thank you for sharing. First of all, congratulations! This extremely unpleasnt predicament is over for you. Next thing that's going to happen is you will receive new asylum approval letter and new I-94 backdated to the original asylum grant. Based on this, your I-485 will be adjudicated within the next few months. You'll be a free man very soon! :cool:
P.S. I'm still waiting for the date of the interview and my fiancee considers hiring very aggressive immigration attorney.

Morning thanks a lot. I have recieved your private contact in which you asked me about the interiview, and wished me the good luch. Thank you for that.

As far as new I-94 is concerned, I don't they are gonna send me new one becuase I had one issue by NCS with original date on it, and he didn't take it from me today. He photocopied and gave it back to me. I think if he were sending me a new card he would taken the one I had or he should have said mail it to me.
what was weird about the guy was at end he gave me a paper that said I must returm to the office after 14 days. I asked him if I am required to come to the office, and he said noone would be here at that time. He told me that I need od nothing.
As far as hiring lawyer for yourself, I don't think it is ganno help. Mine was just a formality. however, with your new marriage that may change the equation. but mine was very easy......................
 
faysal
I'm confused about the part where the interviewer gave you the paper and instructed you to come back to that office in two weeks but mentioned just after that that no one would be available to see you. Am I missing something? :confused:
Thank to you I will mark a page of the divorce decree, which states that it's a certified copy with bright neon-colored sticky. :D Especially for those who have trouble reading English. :D
 
Simple you are picking up the new I-94 AND APPROVAL LETTER.

OH well, i will have to let my sister know to get ready for an interview.
 
just focus about your asylum approval and forget (for now) the I-485 application.
once you have asylum approval letter+ I-94 you can (in worst case scenario) apply one more time for adjustement of status.
you have only one more step to take...the rest is piece of cake.
 
jubilee
The whole purpose of nunc pro tunc processing is to avoid filing for adjustment of status from scratch. It's just a formality, which, unfortunately, takes too long. There's no need at all to file I-485 again, unless you want to screw the case even further.
 
Morning said:
faysal
I'm confused about the part where the interviewer gave you the paper and instructed you to come back to that office in two weeks but mentioned just after that that no one would be available to see you. Am I missing something? :confused:
Thank to you I will mark a page of the divorce decree, which states that it's a certified copy with bright neon-colored sticky. :D Especially for those who have trouble reading English. :D

Morning I am also confused. the paper is the standard paper that is given to new asylum seekers. once their interview is completed they are told to come back to office after 14 days. this is what also the paper informed me, but when I asked do i have to come which I asked more than four times he said no. If you come here we are not here.....then why the paper. I think it was a formality.
Also during the interview I was under the impression that there was no denial or grant of asylum. It was as though the officer wanted only to see me. the only document that he wanted was divorce decree, which I had earlier submitted, but the copy I submitted was not sufficient....
 
shefe said:
Simple you are picking up the new I-94 AND APPROVAL LETTER.

OH well, i will have to let my sister know to get ready for an interview.

Thanks shefe for the goodwill. Your sister has nothing to worry about. She needs to have all important documents. Birth certificate, passports, divorce paper, I-94, ID, any posible document...
 
jubilee said:
just focus about your asylum approval and forget (for now) the I-485 application.
once you have asylum approval letter+ I-94 you can (in worst case scenario) apply one more time for adjustement of status.
you have only one more step to take...the rest is piece of cake.
Jubilee you right. In the long run that is were it will go, but we are human being, we are in hurry. I am sure that will get my citinship one day but we are in hurry......I don't know why!
 
shefe, does your sister have her interview appointment yet?

faysal, it is possible that you may not get your aproval letter and i-94 after fourteen days, but it is certainly a process which is used for some applicants. i saw a few people at houston ao, who came for their fourteen day "appointment" to pick up their papers, but i don't know details about this procedure and/or its beneficiaries.
 
anna,

She did not finish filling out the I-589 form as of yet.. I am hoping by the end of next week she does..
 
Guys,
I just received an interesting piece of paper, "signed" by the NSC Acting Director along with a copy of my inquiry letter about the status of my I-485, which I mailed to NSC on 12/12/05 and which was received by them (accordoing to the stamp on the copy of my letter) on 12/19/06.
Anyways, the "response", dated by 03/28/06 says:
"Dear Sir or Madam:
Your file is in the San Franciso Asylum office. If you need any information on this case you will have to contact that office.
Please make an appointment with your local Immigration office to see if they can contact the Asylum office for you. Or you will have to find the address and write to them."
Like as if I did know that myself.. Simply adorable, very professional and less than a year later. Duuuh... :rolleyes:
Does anybody know, by any chance, what is the actual address for SF AO. The one on the transfer notice is: 75 Hawthorne St, #303S, San Francisco, CA 94104. The website only gives the PO Box. I mailed them a letter about a week ago and even received the return receipt, but when you deal with the INS you can never be sure. They have a habit of hiding and giving you mostly misleading information, like the phone #, indicated on the mentioned transfer notice - 415-556-6815 - of course, "disconnected and is no longer in service" :mad:
 
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Morning said:
Guys,
I just received an interesting piece of paper, "signed" by the NSC Acting Director along with a copy of my inquiry letter about the status of my I-485, which I mailed to NSC on 12/12/05 and which was received by them (accordoing to the stamp on the copy of my letter) on 12/19/06.
Anyways, the "response", dated by 03/28/06 says:
"Dear Sir or Madam:
Your file is in the San Franciso Asylum office. If you need any information on this case you will have to contact that office.
Please make an appointment with your local Immigration office to see if they can contact the Asylum office for you. Or you will have to find the address and write to them."
Like as if I did know that myself.. Simply adorable, very professional and less than a year later. Duuuh... :rolleyes:
Does anybody know, by any chance, what is the actual address for SF AO. The one on the transfer notice is: 75 Hawthorne St, #303S, San Francisco, CA 94104. The website only gives the PO Box. I mailed them a letter about a week ago and even received the return receipt, but when you deal with the INS you can never be sure. They have a habit of hiding and giving you mostly misleading information, like the phone #, indicated on the mentioned transfer notice - 415-556-6815 - of course, "disconnected and is no longer in service" :mad:

I would suggest you write to the actual physical address, on hawthorne, rather than the po box. the phone number to that office is 415-774-8419, and the director is Emilia Bardini i believe.......
 
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Morning as regards the address of the San Fransisco office the address you have is correct, but the problem is they are not gonna respond. I have sent a number of letters to that address and recieved no response at all. however, at the interview all the letters I sent to them were on file. I saw them; they were on top of my file.

As regards the file transfer, I don't really know what it means. I once contacted the office Obdisman and they contacted the asylum office. I got the same answer as yours from the asylum office at that time. The problem here is that their language is standard language that have deviced. For example, in the transfer notice the NSC told me that my 1-145 was transfered to san francisco asylum office and that office has a jurisdiction over the case. If one reads closely the notice it is as though the asylum office can approve the greencard. however, the asylum office has never talk about I-145 through their business with me. Therefore, what director did was just read the transfer notice and respond........................It is complicate process but that is take...
 
annaraka
Thanks for the info. The phone # is valid. However, no one picks up the phone and there's no answering machine. What a surprise! :rolleyes:
faysal
Sorry if I missed it - were you required to resubmit your updated medical?
 
Morning said:
annaraka
Thanks for the info. The phone # is valid. However, no one picks up the phone and there's no answering machine. What a surprise! :rolleyes:
faysal
Sorry if I missed it - were you required to resubmit your updated medical?


Each person's case is different. All I did was BIO metrics even though my old on was current. I didn't do medical again...Remember I did medical overseas once and in the US twice while my application was pending..
 
:rolleyes: Here's what I found in my mailbox last night:
US DEPT OF HOMELAND SECURITY
US CITIZENSHIP & IMMIGRATION SVCS
ASYLUM OFFICE
P. O. BOX 77530
SAN FRANCISCO, CA 94107
NAME: *MORNING* DATE: 3/31/06
A-NUMBER: 07******* FORM: I-589
***INTERVIEW RESCHEDULE NOTICE***
You and your family members on your Form I-589 have been rescheduled by the USCIS for interview as shown below. Failure without good cause to appear for interivew or to provide a competent interpreter will result in immediate referral to an immigration judge and you will be ineligible for employment authorization. This rescheduling will not interrupt the 150-day period before you can apply for employment authorization, 8 CFR 208.7 As of 3/31/06, your case was pending 773 days. We regret any inconvenience this may cause.
Interview date: 4/25/06 (TUE)
Time: 8:00
At: local office

Bizzare, bizzare, very bizzare. :eek:
First of all, this interview has never been scheduled. Secondly, if they refer to my original asylum application it is 3,669 days old as of 03/31/06. This 773 number also doesn't make any sence, unless you put 1 in front of it - it makes it one thousand seven hundred seventy three days - this is exactly when my I-485 was recieved by NCS! :mad:
My first thought was to reschedule the damn thing - now I have more important and interesting things to do. But after checking with my attorney decided to go ahead and do it in two weeks. Little too early, but what can I do! :rolleyes: My attorney suggested that I took with me all the original documents that I have in my possession to show if they will have any questions about them.
 
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Just go ahead and do the interview. This is one step closer to getting your green card.

Morning said:
:rolleyes: Here's what I found in my mailbox last night:
US DEPT OF HOMELAND SECURITY
US CITIZENSHIP & IMMIGRATION SVCS
ASYLUM OFFICE
P. O. BOX 77530
SAN FRANCISCO, CA 94107
NAME: *MORNING* DATE: 3/31/06
A-NUMBER: 07******* FORM: I-589
***INTERVIEW RESCHEDULE NOTICE***
You and your family members on your Form I-589 have been rescheduled by the USCIS for interview as shown below. Failure without good cause to appear for interivew or to provide a competent interpreter will result in immediate referral to an immigration judge and you will be ineligible for employment authorization. This rescheduling will not interrupt the 150-day period before you can apply for employment authorization, 8 CFR 208.7 As of 3/31/06, your case was pending 773 days. We regret any inconvenience this may cause.
Interview date: 4/25/06 (TUE)
Time: 8:00
At: local office

Bizzare, bizzare, very bizzare. :eek:
First of all, this interview has never been scheduled. Secondly, if they refer to my original asylum application it is 3,669 days old as of 03/31/06. This 773 number also doesn't make any sence, unless you put 1 in front of it - it makes it one thousand seven hundred seventy three days - this is exactly when my I-485 was recieved by NCS! :mad:
My first thought was to reschedule the damn thing - now I have more important and interesting things to do. But after checking with my attorney decided to go ahead and do it in two weeks. Little too early, but what can I do! :rolleyes: My attorney suggested that I took with me all the original documents that I have in my possession to show it they will have any questions about them.
 
thankful
This freaking piece plastic has never been my goal and I at this point I know that I'm going to have it one way or the other. All that matters to me now is the date of my new marriage and my fiancee happens to be a native-born USC. I'd rather be preparing for the weddind rather than for this damn pointless interview.
 
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