Nunc Pro Tunc
Mr. Jupise!
As you may have noticed from my other postings, we are in a same situation. I am a derivative asylee, and my notice date is July 2001. I did my nunc pro tunc on Nov. 18 2005 and my case was transferred to an asylum office in San Francisco. I have received the transfer notice from Nebraska but didn’t hear from the mysterious asylum office yet.
I called the guys at 1800 number, but they were not helpful.
I had a few questions that I wanted to get answer, but I didn’t get a satisfactory answer yet.
First of all there is one thing that we need to understand: there are different places that cases get transferred and we need to understand the distinction among them. There are cases that get transferred to local service office. These cases are straight forward and they have a way to tract them down, and there is the asylum office transfer. As I have learned from other friends on this forum, there are about 9 to 10 asylum offices in the whole country. For example, my case was transferred to an asylum office in San Francisco and I live in Seattle. I was told the office has jurisdiction over cases in Seattle and they once in a while travel to here. I sent a letter inquiry into status of my case, no answer yet.
Still I don’t understand what is next.
One friend on this forum suggested that the asylum office has jurisdiction only to deny or approve the nunc pro tunc, which is essentially asylum application. Once they take an action on the case if they approve it they are going to transfer it back to the service center for green card approval. But when I called the 1800, they told me that the asylum office has jurisdiction over the case, and they can approve it. They told me that the asylum office would not transfer it back to service center for green card approval. And from the notice I received the service it says so. However, I don’t think that the person I spoke with was knowledgeable of the she was trying to describe. I think she was just reading the online message and drawing her inference based on that.
The major problem here nobody knows how long it is going to take for the asylum office to review the application. Since the nunc pro tunc is essentially an asylum application, I think it takes some where 40 to 180 days to hear from them, that is what they on their website the asylum process should take.
As far as your concern on the information that the customer service person gave you, I don’t think that information is accurate because this information is not available online. I think he/she was referring to the I485s pending at the local service centers, not the asylum. Sit tight and keep fingers crossed.
Also, I have done extensive research on nunc pro tunc cases, and they are rare. There are only a few I know on this forum who are experiencing this issue. So in order to benefit future derivatives from our experiences, please keep posting your experience.
Good luck……………..