Nunc Pro Tunc backdating of green card

G

Gala

Registered Users (C)
Hi All,

I see that there's quite a few people in this forum having to go through the NUNC PRO TUNC process while being adjusted to permenant resident.

I hope that some of you will share your experience.

I am (was) the principle of our asylum application back in 2000 ( at the time my daughter was 20 yr old) We filed for adjustment in 2001 and finally in 2006 ONLY my application was approved and backdated to 2005.

My daugther on the other hand was asked to re-apply for asylum under the NUNC PRO TUNC provision. Sure enough, she reapplied and in May of 2006 she got her separate asylum status approved.

The tricky part is that her original I-485 was not approved until 02/2007 putting her 1 WHOLE YEAR behind me even though both 485's were filed at the same time in 2001.

Has anyone had to deal with additional delay caused by NUNC PRO TUNC?

My main concern is the fact that my daughter's GC is backdated to 2006 instead of 2005 like mine.

Can we do anything ?


Thank you in advance for your input.


Gala
 
Last edited by a moderator:
Gala said:
Hi All,

I see that there's quite a few people in this forum having to go through the NUNC PRO TUNC process while being adjusted to permenant resident.

I hope that some of you will share your experience.

I am (was) the principle of our asylum application back in 2000 ( at the time my daughter was 20 yr old) We filed for adjustment in 2001 and finally in 2006 ONLY my application was approved and backdated to 2005.

My daugther on the other hand was asked to re-apply for asylum under the NUNC PRO TUNC provision. Sure enough, she reapplied and in May of 2006 she got her separate asylum status approved.

The tricky part is that her original I-485 was not approved until 02/2007 putting her 1 WHOLE YEAR behind me even though both 485's were filed at the same time in 2001.

Has anyone had to deal with additional delay caused by NUNC PRO TUNC?

My main concern is the fact that my daughter's GC is backdated to 2006 instead of 2005 like mine.

Can we do anything ?


Thank you in advance for your input.


Gala
Click to expand...

Her card was backdated correctly and USCIS applied the law correctly. When the I-485 was filed was not relevant. What mattered was the date of approval.
 
thankful said:
Her card was backdated correctly and USCIS applied the law correctly. When the I-485 was filed was not relevant. What mattered was the date of approval.
Click to expand...

Thanks Tahnkful.

I undestand that her card was "technically" backdated correctly but the NUNC PRO TUNC process slowed down her process by one year ( unnecesarely in my opinion )

Can anything be done?
 
No, the path that her I-485 was approved through was a different but a correct path. she could have either gotten approved through your asylum case, or hers. these two different paths gave two different timelines. you cannot mix and match them!
 
Gala said:
Thanks Tahnkful.

I undestand that her card was "technically" backdated correctly but the NUNC PRO TUNC process slowed down her process by one year ( unnecesarely in my opinion )

Can anything be done?
Click to expand...

Once again it does not matter why or how the green card application was "slowed down." The USCIS has the authority to backdate the card one year from the date of the approval. That is it.

To be perfectly honest, it was not really a slow down. Given her age the nunc pro tuc process was an integral part of her GC application process. She was not eligible for the GC without the nunc pro tunc process finished first.
 
I had my gc not backdated, so I contacted an immigration agent, talked to a senior USCIS agent, told me to file for I-90. I sent the USCIS law that says asylee GC needs backdating along with a letter and the actual GC and approval letter original, 2 months later, I got a GC that got backdated.
 
jonny1 said:
I had my gc not backdated, so I contacted an immigration agent, talked to a senior USCIS agent, told me to file for I-90. I sent the USCIS law that says asylee GC needs backdating along with a letter and the actual GC and approval letter original, 2 months later, I got a GC that got backdated.
Click to expand...

Thanks Jonny1,

Would you mind sharing exactly how back in time was it backdated?

Did you have to file NUNC PRO TUNC?
 
Gala said:
Thanks Jonny1,

Would you mind sharing exactly how back in time was it backdated?

Did you have to file NUNC PRO TUNC?
Click to expand...


sure, i will be happy to,

i filed for gC back in 08 of may something, took sometime due to GC interview got GC in mail which shows something like june of 09. date showed GC RESIDENT DATE of the approval date. contacted USCIS.com number , spoke to an agent who did not know asylee GC backdating thing. called again, agent also did not know this and transfered to maybe a senior agent, explain the situation, told To file i-90, I sent the GC back with USCIS writings that says asylee GC should be backdated, also sent was a copy of og my GC approval letter.. I sent to the USCIS center in missorie as that was the sender of my GC, after 3 weeks, got a leter asking for actual GC approval letter and copy of my I-94. I sent those back and after 2 months I got this GC backdated to may of 2008.

I want to file for citizenship timely so I took advantage of this GC backdating thing.
 
GC asylee backdated

jonny1 said:
I had my gc not backdated, so I contacted an immigration agent, talked to a senior USCIS agent, told me to file for I-90. I sent the USCIS law that says asylee GC needs backdating along with a letter and the actual GC and approval letter original, 2 months later, I got a GC that got backdated.
Click to expand...

Can you please tell me how, where, what law of USCIS say that GC for asylee will be back dated one year.My other family members got that but my wife was not, so i have to send the I-90 and wanted to makesure that i send all the info.
 
my sister in law and wife had to file for nunc pro tunc. but my sister in law GC was back dated, not my wife.
 
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