nunc pro tunc denied - H4 overstayed. What options now ?

P

PrinceVA

New Member
Hi Friends,

My wife was OOS for almost a year during 2006-07. but in 2007 we applied EAD and got EAD for me and my
wife both and we hoped everything is ok now.
One fine day we suddenly got her deportation letter. We went to finest lawyers and they applied Nunc-Pro-Tunc
and H4 together. Both denied within a month.
I am on my 8th yr on H1 and have EAD. Recently bought a home too.
Don't know what to do now ?

Laywer says, ask previous lawyer to send a letter that he forgot to file H4 and other medical documents. She
is suffering from depression and for me it will be a big risk if I take her out of US.

Please let me know if anyone have gone through similar case. Please help.
 
PrinceVA said:
Hi Friends,

My wife was OOS for almost a year during 2006-07. but in 2007 we applied EAD and got EAD for me and my
wife both and we hoped everything is ok now.
One fine day we suddenly got her deportation letter. We went to finest lawyers and they applied Nunc-Pro-Tunc
and H4 together. Both denied within a month.
I am on my 8th yr on H1 and have EAD. Recently bought a home too.
Don't know what to do now ?

Laywer says, ask previous lawyer to send a letter that he forgot to file H4 and other medical documents. She
is suffering from depression and for me it will be a big risk if I take her out of US.


Please let me know if anyone have gone through similar case. Please help.
Click to expand...

You posted you and your wife got EAD. EAD is based on Pending I-485. If your wife was out of status when Her I-485 was filed did not lawyer asked about her status? was eligible for 245(i) or 245(k)??? You should find out from present lawyer or past lawyer?
When was your LC filed? was any LC for you was filed Before April 2001?
I dont know the full details when her I-94 got expired or when her I-485 was filed.
 
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