Nunc Pro Tunc Asylum

[narbi5h]

This is my first time posting in here, and I was hoping I could get answers here. I have been reading threads about the Nunc Pro Tunc Asylum cases, and I find them very helpful. Here is my question, I filed for I-485 back in 2001 and last December 2006 I was granted my Nunc Pro Tunc asylum. A month after, January 2007, I got married but my wife is currently out of status. Last May 31, 2007 INS requested for my biometrics for the third time, and I have a feeling that my GC will follow shortly. Since I was granted my own asylem(nunc pro tunc asylum), will I be able to petition my wife? I wanted to know if she qualifies for a GC immediately due to us getting married before my GC was approved. Please help!!!

 

[faysal]

This is my first time posting in here, and I was hoping I could get answers here. I have been reading threads about the Nunc Pro Tunc Asylum cases, and I find them very helpful. Here is my question, I filed for I-485 back in 2001 and last December 2006 I was granted my Nunc Pro Tunc asylum. A month after, January 2007, I got married but my wife is currently out of status. Last May 31, 2007 INS requested for my biometrics for the third time, and I have a feeling that my GC will follow shortly. Since I was granted my own asylem(nunc pro tunc asylum), will I be able to petition my wife? I wanted to know if she qualifies for a GC immediately due to us getting married before my GC was approved. Please help!!!

Mr. Narbi5h:

Congratulations for the Nunc Pro Tunc Grant: As far as I know, your question is “BIG NO!” At this time, there is little you can do to help your new wife unfortunately. It would have been good idea if you had included her in your asylum application for nunc pro tunc. At that time she could have derived from you asylum status.

If you remember the notice granting the asylum grant specifically tells you that once you granted nunc pro tunc, no one can derive status from you as dependent; that is one thing bad about nunc pro tunc…..

The only avenue available to you is to sponsor her through the regular greencard sponsorship channel which of course takes many years and of no use at this stage……..for you good luck……..also most of people do not understand the issues surrounding nunc pro tunc, so don’t frustrate yourself with it…. Good lukc

 

[narbi5h]

Mr. Narbi5h:

Congratulations for the Nunc Pro Tunc Grant: As far as I know, your question is “BIG NO!” At this time, there is little you can do to help your new wife unfortunately. It would have been good idea if you had included her in your asylum application for nunc pro tunc. At that time she could have derived from you asylum status.

If you remember the notice granting the asylum grant specifically tells you that once you granted nunc pro tunc, no one can derive status from you as dependent; that is one thing bad about nunc pro tunc…..

The only avenue available to you is to sponsor her through the regular greencard sponsorship channel which of course takes many years and of no use at this stage……..for you good luck……..also most of people do not understand the issues surrounding nunc pro tunc, so don’t frustrate yourself with it…. Good lukc

Thanks. Before we got married we consulted 3 lawyers regarding my case. We wanted to get married earlier but the lawyers told us that If I get married that my GC application would be voided, since I was single when my parents petitioned me.

 

[faysal]

Thanks. Before we got married we consulted 3 lawyers regarding my case. We wanted to get married earlier but the lawyers told us that If I get married that my GC application would be voided, since I was single when my parents petitioned me.

That might be true becuase if you included your wife in your application, you wouldn't have been elligible for nunc pro tunc process. You would have gone through the normal asylum process; tough questions; you would have had to prove the asylum officer your case, which means they could have even had the power to deny your case. And if they had approved asylum based on that, of course, yes it wouldn't have been retroactive. It would have started from the date of approval; and you would have had to wait for one year after grant of asylum and then refile, but your wife could have had status derived from you....It is always tricky when faced with competing priorities; greencard or wife getting asylum.......Any way at this stage as I kknow the options availible to you are the ones I have outlined above earlier...good luck

 

[narbi5h]

After more than 2 years of waiting for a response regarding my I-485 application based on nunc pro tunc asylum, I received a letter from INS saying that they have transferred my I-485 application to NBC for an interview. This is really frustrating waiting for my GC. I just hope that they back date my GC approval at least 3-4 years. Has anyone else receive a similar letter stating that they have transferred the I-485 application to NBC for an interview? Please help.

The wait never ends.... I filed this I-485 back in 2001.

 

[GCman2005]

Narbi5h, actually the transfert to another immigration center, is a good thing, it means your case is moving. You should heard some good news sooner than your think. it happened to me also. The GC will be backdated only one year.