my wife case transferred to san francisco office

Ok. Now it's getting interesting. There is a small percentage of asylees getting interviewed but even on this board there are quite a lot of those who are waiting for the interview or already been interviewed. In the message I received a few days ago USCIS says that my case was tranferred to Texas and that I should receive a letter from TSC saying that my case was transferred to the local office. As far as I know some other members of the forum received the same message. Does it mean they decided to practise transferring cases to local offices for faster processing and will everyone get interviewed or local offices will process our I-485 without interviews?
 
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here is a little bit of summary for my understandings about adjustment of derivative asylees :

For derivative asylee (spouse) - must be married at the time of submitting adjustment applications. After that, it does not matter you still married or divorced. however, you will need to file nunc pro tunc application if you were divorced.

For derivative asylee (children) - must be unmarried at the time of submitting adjustment applications. After that, it does not matter you are married or single.however, you will need to file nunc pro tunc application if you were married.
Also, if you were over 21 before the Child status proctection law, you will need to file nunc pro tunc application, you don't need otherwise.

For all nunc pro tunc application, -The asylum office was under instructions to grant it, regardless of the merits of the application (assuming no bars to asylum apply), and backdate the grant to the date the principal was granted asylum, or the date of admission as a derivative, or the date the I-730 was approved, depending on the case.


nunc pro tunc, which in Latin means "now for then."
 
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newcomer01 said:
here is a little bit of summary for my understandings about adjustment of derivative asylees :

For derivative asylee (spouse) - must be married at the time of submitting adjustment applications. After that, it does not matter you still married or divorced. however, you will need to file nunc pro tunc application if you were divorced.

For derivative asylee (children) - must be unmarried at the time of submitting adjustment applications. After that, it does not matter you are married or single.however, you will need to file nunc pro tunc application if you were married.
Also, if you were over 21 before the Child status proctection law, you will need to file nunc pro tunc application, you don't need otherwise.

For all nunc pro tunc application, -The asylum office was under instructions to grant it, regardless of the merits of the application (assuming no bars to asylum apply), and backdate the grant to the date the principal was granted asylum, or the date of admission as a derivative, or the date the I-730 was approved, depending on the case.


nunc pro tunc, which in Latin means "now for then."
Click to expand...

Derivative asylees must remain the spouse and unmarried "child" of the principal asylee at the time of adjustment. In other words, the spouse of the principal asylee must still be married to the principal and the child must be unmarried. I didn't find any info saying that after filing I-485 spouse can get divorced and file nunc pro tunc.
 
GrassRoot said:
CleverlandOH,

Are you a derivative AS ? If so, did your primary AS already get approved ? Did you both file 485 together ? Just curious, why CIS transfer you to local interview.

Thanks,
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No , Im primary , and single.I had no clue why my case was transferred till today.I did my interview less than 1.5 hours ago.I'll post my experience soon.
And the most important part --- I was verbally approved!!!
 
ClevelandOH said:
No , Im primary , and single.I had no clue why my case was transferred till today.I did my interview less than 1.5 hours ago.I'll post my experience soon.
And the most important part --- I was verbally approved!!!
Click to expand...


Congrats !

Look forward to sharing your experience.
 
faysal
jupise
I have a question for both of you: when you were filling out your nunc pro tunc form, did you answer qustions about persecution with all the detail of enclosed a copy of the original asylum application and referred to it? I finally received the freakin' form last Friday and now agonizong over it. It just hurts too much to put in writing the horror that happened to me. I'm wondering if I can enclose a copy of the original application, which describes everything and I have nothing to add to it, anyway. :confused:
 
Morning said:
faysal
jupise
I have a question for both of you: when you were filling out your nunc pro tunc form, did you answer qustions about persecution with all the detail of enclosed a copy of the original asylum application and referred to it? I finally received the freakin' form last Friday and now agonizong over it. It just hurts too much to put in writing the horror that happened to me. I'm wondering if I can enclose a copy of the original application, which describes everything and I have nothing to add to it, anyway. :confused:
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Morning welcome to the nunc pro tunc thing. It is little bit confusing and agonizing, but I would advice to you just to take it easy.
As regards for filing out the application. Each person's case is different, and I don't know under the circumstances your nunc pro tunc is stemming from. Mine is devorce. I didn't have my original asylum application, but when I was filling out I had it only half day. I recieved it in the morning and returned it in the afternoon. I answered every quetion on the form as far as could remember. I have not left any answered quetion. Also I think you have to answer all the question because when Service Center recieves your application it must be complete before they can transfer to an asylum office. they just treat you as person who is applying asylum from a fresh. So I would suggest you just answer all the quetion even in yes/no format.

My case details after Nunc Pro tunc reciept by in NOV 2005 NSC.
In DEc I got transfer notice from NSC.
In Jan 6 I recieved San Asylum office an acknowledgement lettet of reciept
On Jan 20 I got a Finger print and photograph notice
I did it on Jan 20,
Details of the BIO
the technician first fingerprinted my index and photographed me. and then the then fingers as usual.............
Now sitting sight and waiting the interview letter

will update you as developments become availible

thanks guys and keep up the faith we will get all our greencards
 
One more question

For those of you who have done BIO for asylum applications, Is the asylee Bio is the same as the we do for Greencards. There was no difference between between the one I did for the asylum application the ones I used to do for the greencard.
Just first index print and photo, and then the whole ten fingers. Is that normal....Just curious....I was not expecting I will be photographed.....
 
faysal
Thank you for a very detailed response. My nunc pro tunc is also because of divorce. I have a copy of the original asylum application and plan just to refer to the enclosed copy and explain that that putting the detalis of what happened to me in writing is just too disturbing and is a threat to my mental health - I had enough shit from a sadist I/O during the initial interview. Do they want all copies of all documents filed earlier, like birth certificate etc, cause in my case it's going to be about 6 pounds of paper considering they require 3 copies of the application and copies of all pages of NP alone will take 12 pages? Did you submit a new picture, as the instructions suggest?
 
Morning said:
faysal
Thank you for a very detatailed response. My nunc pro tunc is also because of divorce. I have a copy of the original asylum application and plan just to refer to the enclosed copy and explain that that putting the detalis of what happened to me in writing is just too disturbing and is a threat to my mental health - I had enough shit from a sadist I/O during the initial interview. Do they want all copies of all documents filed earlier, like birth certificate etc, cause in my case it's going to be about 6 pounds of paper considering they require 3 copies of the application and copies of all pages of NP alone will take 12 pages? Did you submit a new picture, as the instructions suggest?
Click to expand...

It is not I think as hard as you think. No they don't require a new picture. once you submit your application they will make a BIO appointment for you in which case they will take your pic. Aslo let me know if you depends from the marriage that you want to include because that is where they ask for the photos...
 
faysal
It may be not hard but, certainly, very heavy! I just made some of the required copies: divorce decree etc - the pile is aready 2 inches thick! :eek: And that's not all! ;)
 
Hello,

I was wondering if somebody have the same situation as me. I was 20 when my mom got asylee, i was classified as a child of an asylee. I applied for the green card when i was already 21 in 2001. This summer me and my mom got the letter for the fingerprints and BIO and Medecine. We did everything and sent it to Taxas. In december my mom got green card. I got the letter for the additional evidence for the form I-485. I sent it. a month later i got the letter that saying "Because at the time of filing your I-485 you were over the age of 21, you do not gualify to be classified as a child of an asylee.YOu must apply for asylum "nunc pro tunc" by filing an I-589.
I am so confused. Please if somebody had situation like that let me how it went, how long it took to resolve this problem.
THank you,
 
FBI said:
Hello,

I was wondering if somebody have the same situation as me. I was 20 when my mom got asylee, i was classified as a child of an asylee. I applied for the green card when i was already 21 in 2001. This summer me and my mom got the letter for the fingerprints and BIO and Medecine. We did everything and sent it to Taxas. In december my mom got green card. I got the letter for the additional evidence for the form I-485. I sent it. a month later i got the letter that saying "Because at the time of filing your I-485 you were over the age of 21, you do not gualify to be classified as a child of an asylee.YOu must apply for asylum "nunc pro tunc" by filing an I-589.
I am so confused. Please if somebody had situation like that let me how it went, how long it took to resolve this problem.
THank you,
Click to expand...

FBI,

"nunc pro tunc" means "now for then". It's a legal procedure for you to file for something after the deadline (in this case before you turned 21 and was still eligible for adjustment from being a derivative asylee) has passed. I-589 is the application for asylum status. I'm not sure if this means you have to go through the entire process of being an asylee before being allowed to adjust, or soon after filing I-589, they will allow you to adjust right away. I'll defer to what others have to say. Do you have a lawyer?

good luck! it will all work out!
 
guys, me and my mom got an asylee thrught the court, it took 3 years since the date we applyed for the asylee till the date we got it, when i came i was almost 18, so the judge pushed the process, so i would be able to get the status before i was 21. We got it a month befor i turned 21. And nobody told us anything, that i have to apply for the "nonc pro tunc". even if i got it throught the court i still go thought this process again?
 
FBI said:
guys, me and my mom got an asylee thrught the court, it took 3 years since the date we applyed for the asylee till the date we got it, when i came i was almost 18, so the judge pushed the process, so i would be able to get the status before i was 21. We got it a month befor i turned 21. And nobody told us anything, that i have to apply for the "nonc pro tunc". even if i got it throught the court i still go thought this process again?
Click to expand...

if you are covered by CSPA (child status protection law) law then you will not need to apply for the "nonc pro tunc". if you turn 21 after august,2002 then you are covered. wish you good luck.
 
newcomer01 said:
if you are covered by CSPA (child status protection law) law then you will not need to apply for the "nonc pro tunc". if you turn 21 after august,2002 then you are covered. wish you good luck.
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Oh, i wish :(,

THanks,
 
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