Nunc Pro Tunc asylum RFE reply

A

annaraka

Registered Users (C)
Hey, AFter I sent my RFE for a "nunc pro tunc" asylum; this is the e-mail that I received from CIS today (twice):

Receipt Number: LIN00..........

Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On December 7, 2005, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in
HOUSTON ASYLUM OFFICE for processing. That office has jurisdiction over the case. They will send you a written decision as soon as
processing is complete. You should receive a notice informing you that your case has been transferred to a local office. Please call
the National Customer Service Center at (800) 375-5283 to receive information about local office processing times.

...............


I am assuming they will now call me for an asylum interview in Houston. I wonder how long it will take until then, or who [if] will approve my case.
 
Yes you will be first scheduled for fingerprinting like any other asylum applicant (unless the fingerprint for your I-1485 is current). Then they will call you in for an interview where they will go over with you your asylum application. If everything is in order they will issue you an official asylum approval package. After that your file has to be mailed back to NSC because the asylum office has no legal authority to issue green cards. Good luck.
 
annaraka said:
Hey, AFter I sent my RFE for a "nunc pro tunc" asylum; this is the e-mail that I received from CIS today (twice):

Receipt Number: LIN00..........

Application Type: I485 , Application to Register Permanent Residence or to Adjust Status

Current Status:

On December 7, 2005, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to an office in
HOUSTON ASYLUM OFFICE for processing. That office has jurisdiction over the case. They will send you a written decision as soon as
processing is complete. You should receive a notice informing you that your case has been transferred to a local office. Please call
the National Customer Service Center at (800) 375-5283 to receive information about local office processing times.

...............


I am assuming they will now call me for an asylum interview in Houston. I wonder how long it will take until then, or who [if] will approve my case.
Click to expand...

annaraka! not to scare you or anything, you would have to explain your visit to COP..!!
 
Lazerthegreat said:
annaraka! not to scare you or anything, you would have to explain your visit to COP..!!
Click to expand...


They do have the discretion to conduct a full merit interview.
 
..

WOW..never seen this situation before but it sure doesn't look good. It seems to me that you will be going through a detail asylum process/interview one more time. Something VERY obvious must have triggered this action. Maybe your frequent visits to COP? I hope everything works out for you because you have been a very valuable and informative member of this board. Good Luck.
 
Anakara

Anakara, I am holding my breath. I have submitted my nunc pro tunc on Nov. 23, and they have confirmed that on their website. Since then, I have not heard from them. Sitting tight and waiting for the news. If they call me for an interview, I might ask them to grant me voluntary departure in which case I will go somewhere else. It is very painful to do interview again after 7 years. Good luck!
 
By the way, when did you return your nunc pro tunc application. When I turned in mine you had yours. thanks!
 
Noman74 said:
WOW..never seen this situation before but it sure doesn't look good. It seems to me that you will be going through a detail asylum process/interview one more time. Something VERY obvious must have triggered this action. Maybe your frequent visits to COP? I hope everything works out for you because you have been a very valuable and informative member of this board. Good Luck.
Click to expand...


This is actually standard procedure when a derivative asylee marries.
 
Good luck annaraka Hope you will get Approval without any problem.
Guys Please Explain me what is "nunc pro tunc"? RFE

USCIS send me RFE for I-602 Waiver cuz i was "EWI" Entry without Admission.
USCIS recived my Waiver statment on OCT that all.
I didn't heard anything seince then.
Good Luck to Everyone.
------------
ND- Jan 2001
FP-July 2004
RFI-July 2005
BIO-Aug 2005
RFE recived by USCIS Oct 2005
 
faysal said:
By the way, when did you return your nunc pro tunc application. When I turned in mine you had yours. thanks!
Click to expand...
Hi, Anakara,
I have finally recieved the same e-mail as yours. There is no difference besides the office that has jurisdiction on my case is San Francisco.
I have called the 1800 and the women who responded was not helpful. I thought she had a case pending as I did. Any way she told me that the office has the authority to approve greencard.
Any idea: Are we starting from anew.
 
thankful said:
Yes you will be first scheduled for fingerprinting like any other asylum applicant (unless the fingerprint for your I-1485 is current). Then they will call you in for an interview where they will go over with you your asylum application. If everything is in order they will issue you an official asylum approval package. After that your file has to be mailed back to NSC because the asylum office has no legal authority to issue green cards. Good luck.
Click to expand...

Thankful, you are great man, I apreciate all your info. But your language in these posts is sometimes so official (obviously knowledgeable) that at times it sounds so scary. hahahahhaaaaaaaaaa. This is a compliment, I hope you understand that.
 
Noman74 said:
WOW..never seen this situation before but it sure doesn't look good. It seems to me that you will be going through a detail asylum process/interview one more time. Something VERY obvious must have triggered this action. Maybe your frequent visits to COP? I hope everything works out for you because you have been a very valuable and informative member of this board. Good Luck.
Click to expand...


Thanks for the compliments Noman. But no, my CoP visit did not trigger this (as far as I know at keast), but I received this due to the fact that I was an underage derivative at the time asylum was aproved, who turned twenty one at the time I applied for GC. But perhaps you are right, they adjudicators have the discretion to overlook insignificant details, as has happened in the past with other derivatives; perhaps there is something in my files that they do not like; I have no idea what it could be but who knows.

(Apart from the fact that I once told an IO [not an operator] over the phone to go to hell) :cool:
 
Mentos said:
Good luck annaraka Hope you will get Approval without any problem.
Guys Please Explain me what is "nunc pro tunc"? RFE

USCIS send me RFE for I-602 Waiver cuz i was "EWI" Entry without Admission.
USCIS recived my Waiver statment on OCT that all.
I didn't heard anything seince then.
Good Luck to Everyone.
------------
ND- Jan 2001
FP-July 2004
RFI-July 2005
BIO-Aug 2005
RFE recived by USCIS Oct 2005
Click to expand...

Mentos, you have nothing to worry about, as far as nunc pro tunc, if you are not a derivative asylee. It only means that a derivative has to reapply for asylum on their own right "nunc pro tunc" meaning now for then.

RFE means request for evidence, that CIS sends during the time your adjustment case is pending with them.
 
faysal said:
Hi, Anakara,
I have finally recieved the same e-mail as yours. There is no difference besides the office that has jurisdiction on my case is San Francisco.
I have called the 1800 and the women who responded was not helpful. I thought she had a case pending as I did. Any way she told me that the office has the authority to approve greencard.
Any idea: Are we starting from anew.
Click to expand...

Really??? The asylum office?? That is good news, if that is the case, it sure sounded that way frim the e-mail. But still, expect anything, those phone dumbasses do not know jack about immigration. Anyway, thankful was informative on this issue; let's hope he was wrong.

By the way, why do you want voluntary departure if you have to go through an interview? No. I can understand that if they decide to deny your asylum, but I think, as thankful says, this is just standard procedure, and you shouldn't worry.
 
annaraka said:
(Apart from the fact that I once told an IO [not an operator] over the phone to go to hell) :cool:
Click to expand...


Anna - can you do it for me? I'll give you couple of phone numbers to call :D
LOL
 
annaraka said:
Really??? The asylum office?? That is good news, if that is the case, it sure sounded that way frim the e-mail. But still, expect anything, those phone dumbasses do not know jack about immigration. Anyway, thankful was informative on this issue; let's hope he was wrong.

By the way, why do you want voluntary departure if you have to go through an interview? No. I can understand that if they decide to deny your asylum, but I think, as thankful says, this is just standard procedure, and you shouldn't worry.
Click to expand...

Anyway, My understanding as to why they reffered our case back to asylum office is I think the fact that the USCIS do not have the authority to approve the our asylum applications. and unless our nunc pro tunc is approved USCIS can not approve our I485. I knew that was the case; I was wondering whether the asylum office has the authority to approve our I485 once they approve or whether they would return it to the USCIS back once they approve nunc pro tunc.
When I asked the women whether the asylum office has the authority to adjudicate or issue greedcards: she said yes. they have. but I dont truth her. I don't think she was understanding what she was talking about. Any way feeling is that they are ganno interview us and if they approve our case they are gonna send it back to USCIS.
As far as the triger of this, I think it is the legal way to do it. USCIS has no authority to adjudicate nunc pro tunc. I was given my asylum overseas, came here legally with all the proper documents. and there is nothing wrong in my case.
As far as my departure goes, it like your insult on the IO. It was out of frustration :confused: :confused:
 
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