Nunc Pro Tunc Derivative Asylee

[WongGendeng]

I came to United States when I was 20 years and 5 months old (March 2001) using F1 visa. At that time when I came here, my mom has been approved for an asylum. Please note that my name was in the application when my mom submitted her application. Thus, when I came here, we notified INS that I came here already, and they did not need to send the petition to my country. When I was 20 years and 8 months old (June 2001), my petition was approved. So at that point, my status was an asylee.

A year later (July 2002) I submitted my I-485 in my own. And after waiting almost 5 years, I did get a notification from INS saying that my I-485 application is being held and I should have submitted my own asylum application after I hit 21 years old. It said something about “Nunc pro tunc” (http://uscis.gov/graphics/services/RefAdjust/index.HTM#Asylee). So, what INS wants from me now is an asylum application from me.

My questions are.
1. What is really “Nunc pro tunc”?
2. How will the process go? Will I have to go to the interview? Is there a possibility that my case will be denied?
3. So after all this year, I’ve been thinking that I’m legal resident here, but am I actually one?
4. Should I submit the asylum application by my self or should I hire lawyer for this?
Thank you very much

 

[faysal]

I came to United States when I was 20 years and 5 months old (March 2001) using F1 visa. At that time when I came here, my mom has been approved for an asylum. Please note that my name was in the application when my mom submitted her application. Thus, when I came here, we notified INS that I came here already, and they did not need to send the petition to my country. When I was 20 years and 8 months old (June 2001), my petition was approved. So at that point, my status was an asylee.

A year later (July 2002) I submitted my I-485 in my own. And after waiting almost 5 years, I did get a notification from INS saying that my I-485 application is being held and I should have submitted my own asylum application after I hit 21 years old. It said something about “Nunc pro tunc” (http://uscis.gov/graphics/services/RefAdjust/index.HTM#Asylee). So, what INS wants from me now is an asylum application from me.

My questions are.
1. What is really “Nunc pro tunc”?
2. How will the process go? Will I have to go to the interview? Is there a possibility that my case will be denied?
3. So after all this year, I’ve been thinking that I’m legal resident here, but am I actually one?
4. Should I submit the asylum application by my self or should I hire lawyer for this?
Thank you very much

Mr. Cheng welcome: There are a few of us who are in your same situation. The way the process works is like this. You fill out the asylum aplication and to return it to the NSC. Once the recieve it, they will send it to an asylum office. The asylum office will contact you. depending on different factors they will send you the 14 finger print notice or they may not. They will interview and then they will either deny or approve your asylum. We don't know what happens after asylum approvals.
With regards to your inquiry of whethe you need to hire a lawyer or not, that depends on how you feel. I have not hired a lawyer; I have filled out the application by myself and now awaiting it. Another friend whose nunc pro tunc stemmed out age out (mine was divorce) didn't hire lawyer and was approved for her nucn pro tunc. If you are close to asylum office the process should be smooth. That is how the process of nunc pro tunc works. However, I don't know your particular situation of whether you need to do the nunc pro tunc or not. certain people do not need to do nunc pro tunc age out after benchmark year. I don't know if this after 2002.

Again wellcome to the nunc pro tung club, and good luck...

 

[faysal]

Nunc Pro Tunc is a legal process that allows individuals who are either age out or deravitive spouse asylees who divorced to get greencard on their own. For example, if you were given diravitive asylum status at age of 20 and you turn 21 before you apply for green card you have to submit Nunc Pro tunc. This means that you need to apply asylum on your own since you can't be considered as dependent. After you get approval of asylum your asylum approval should be backdated on the original date of asylum.

I am not good at immigrations laws but just use this information as starting point for your research and understanding on the process...

 

[WongGendeng]

Thanks

Wow... thanks for welcoming me to the club... trying to make myself feel better by joining the club, but not that easy either. Hehehe

Anyway. Thanks for the info. Give me a little bit idea. However, in my case I'm 25 years old now, and I never submitted my own assylum application because the authorney who did my case never told me anything about it.

But yes, I received my asylee status like 4 months before I was 21 years old. And a year later I submitted my I-485. Due to the back lock in INS, they just touched my case lately.

Here is my story. My mom submitted her I-485 on June 2001 and I submitted mine on August 2002. Around Sept 2004, my mom was called to have a finger print, then a month later I was called to have a finger print as well. After waiting about 7-8 months, My mom was called again around August 2005 to have another finger print and picture taken. At the same time, she also got a notification from INS to have a medical check up. Finally, On October 2005 she received her GC.

When my mom was receiving her GC, I received a notification from INS to have a medical checked up and have finger print and picture taken around Oct 2005. I was so happy at that time because I thought that I was gonna get my GC soon, too. However, at the middle of February, it was not my GC who came in, but it was a notification from INS telling me to submit the Assylum aplication, with some information about "Nunc Pro Tunc".

The good thing about it is INS did not say that they declined my GC application, but they said it is being held.

So, since I never submitted my assylum application after I hit 21 years old, do you think I'm a legal resident at this point of time? Or I have been illegal since I was 21 years old?

If I'm legal, what is my status? Am I still having asylee status... or...?

And you also said that there is a possibility that the application would be denied? Even though my mom's case was approved?

Man... It all just doesnt make sense. Hehehe... I'm sorry if I'm repeating my story, but I'm just trying to make my story clearer.

Thanks a lot for the info Faysal, and I also thank you those who can give me more information as well.

 

[faysal]

Dear Wong;
Once you fill out and submit your asylum application, Nebraska Service Center will mail your application to the nearest asylum. That asylum office will send you an acknowledgement letter stating your legal status. It will tell you that they are holding your asylum application pending approval. At this point, you are not more than a person who have applied asylum and waiting for an interview. You go through the same process. Do fingerprint, and picture, and interview. The fact that Nebraska says now that your I-145 is being held here upon your response says little. Once they receive your response they will transfer it to asylum office, and you are just a person coming to USA. As far as denial and approval are concerned, nobody knows what they are gonna do, but I have yet heard anybody who was denied. There are about three of us here in this situation. Morning, Anakara, and I. Thankful knows a lot than we do, so seek his advice. If you follow my time line also you will find that I am know waiting for an asylum interview even though I did it in 2000. There are surprises and sorrows in the nunc pro tunc, don’t be surprised and give it time. Now that you are 25 you have nothing to do with your mom…..

 

[WongGendeng]

Who is Thankful by the way? If you dont mind, would you let me know your location. I'm myself at Philadelphia, PA. Based on your explanation, the Nebraska will send the application to the nearest assylum office. The problem is, assylum office in Philadelphia has denied about 80% of the assylum cases.

I'm gonna get married this June and move to New Jersey. Do you think I should've changed my address to another state before I submit I-145 aplication form?

You said that you submit your nunc pro tunc in 2000, and still waiting for the interview. Do they handele nunc pro tunc case separetely from the asylum application?

Thanks a lot.

 

[WongGendeng]

Hi JoeF,

thanks a lot for the respond. Have you known anyone thas was in this kind of situation?

Thanks again

 

[faysal]

Who is Thankful by the way? If you dont mind, would you let me know your location. I'm myself at Philadelphia, PA. Based on your explanation, the Nebraska will send the application to the nearest assylum office. The problem is, assylum office in Philadelphia has denied about 80% of the assylum cases.

I'm gonna get married this June and move to New Jersey. Do you think I should've changed my address to another state before I submit I-145 aplication form?

You said that you submit your nunc pro tunc in 2000, and still waiting for the interview. Do they handele nunc pro tunc case separetely from the asylum application?

Thanks a lot.

Cheng: I have not filed nunc pro tunc in 2000. This time is when I was approved my original derivative asylum. I have filed my nunc pro tunc in dec. 2005. See my signature for time line of my process.

"I'm gonna get married this June and move to New Jersey. Do you think I should've changed my address to another state before I submit I-145 aplication form?"
This is a rather confusing question. Do you mean the nunc pro tunc? Your I-145 application is dependent on the approval of your asylum/nunc pro tunc application. Remember, there is time limit within which you have respond to the nunc nunc pro tunc. If you miss this dead line, they are ganno deny your application. If you move or stay where you are it is alway wise to change your address and notify the immigration service of your addrress change. Then nunc pro tunc is like doing asylum. They may send you the 14 day fingerprint notice for which if you miss they are ganno deny your application. Also, there is the interview appointment which is very important. In any way you know your situation and the circumstances surounding around your case, so act accordingly. ......

 

[faysal]

Dear; Mr. JoeF,
I have read many of your postings and I have always believed you were very insightful. I have seen many postings in which you got into political fight with other individuals. I always thought were you right. The reason was because you were very authoritative and decisive; however, I am really disappointed how authoritative you are regardless of your knowledge of the case at hand. For example, when Mr. Weng posted his issue on this forum his question was simple; what is Nunc Pro Tunc? You replied: “Just search for the term on Google, and you will find lots of pages with explanations…link to google…
When he asked will the process work and I will he go to interview……You answered, “It looks pretty much like paperwork error that has to be corrected”. I realized that you were not familiar with the term, and I tried to help Weng as far as I could to explain to him the term, which is a very important legal term both in immigration and other legal matters whether civil or criminal.

Then came the question whether Nunc Pro Tunc case may be denied. Even though you showed utter lack of understanding of the term in your previous post I am surprised how you came to the conclusion that “Nunc Pro Tunc is just an administrative paperwork procedure”. Probably, you have read one of Thankful’s earlier postings.

Nunc Pro Tunc is an asylum procedure that involves all the procedures asylum application involves. You have to fill out an asylum application, you must be fingerprinted, photographed, must be interviewed, and you must surrender your old I-94 and issued to a new I-94. The redoing all of this is not without purpose! I haven't heard of anyone whose nunc pro tunc asylum application had been denied, but there is no way that that possibility can be ruled out; therefore, each person who undergoes nucn pro tunc should advised to approach it as though it is new asylum application.
I don’t mean to pick you a fight Joef for I know you are good fighter who would fight to death, but I would advice to say I don’t know to cases you are not sure of. Thanks.

 

[WongGendeng]

Thanks to Faysal and JoeF for all the responds.

Just so you all know, here is EXACTLY what the INS letter says:

Evidence of record indicates that you were granted asylum in the United States as a dependent. As you are now over 21 years of age, you are no longer eligible to adjust your status to permanent resident as a dependent. Service guidance requires that derivative asylees who no longer qualify as a child be processed for asylum in their own right, “nunc pro tunc”, to the date of their original grant of asylum.

Please complete a Form I-589, Application for Asylum, and return it to this office in the provided return envelope. You may go online at www.uscis.gov for information and to download forms. You may order immigration forms by phone at 1(800) 870-3676. Process of your application for permanent residence will continue when we receive the completed Form I-589.

 

[faysal]

Thanks. That supports nicely what I was saying. Note in particular that the GC application is not dependent of an approved form I-589. All that is needed is that it is on file, since you are already approved. The form I-589 is just a formal requirement for AOS, and it's approval is also just a formality, based on the already approved asylum case. That's exactly what I understand nunc pro tunc to mean.

Joef what do you think would happen to the Greencard application? Once the nucn pro tunc application is approved, since the I-145 has been pending for long time, what the its status would be after the I-589 approved?

 

[faysal]

Jeof Thanks<

But the problem is my whole file is transfered to the asylum office. The USCIS does not have it any more.

I have my asylum interview on march 28, and I will ask the AO says about it...Thanks

 

[thankful]

Mr./Ms. Wong,

Feel free to ask me any questions about the nunc pro tunc process. Post the questions here or PM me.

Please relax. It is no big deal. Do not drive yourself crazy over this.

You are a legal resident of the United States.

And basically this nunc pro tunc process is just a formality unless something unusual applies to you (like you have a criminal record or if you have a nationality different from that of your mom).

 

[thankful]

Jeof Thanks<

But the problem is my whole file is transfered to the asylum office. The USCIS does not have it any more.

I have my asylum interview on march 28, and I will ask the AO says about it...Thanks

The asylum offices are part of the USCIS!!!!!!

 

[thankful]

Hmm, hard to say with the dysfunctional nature of CIS. My assumption is that the case should already be on the desk of an examiner. That's usually when they figure out that things are missing. If that's the case, it should be rather quick, like 1-2 months. But, with CIS, there is always the distinct possibility that they just put the file back in the stack.
Of course, the quick assumption won't work if the PD retrogressed. I-485s can't be approved until the PD is current.

Yes they are supposed to send the file back to the service center so that they can process to I-485. Given the woeful lack of efficiency at the USCIS it is hard to say how long this takes in individula cases. It is random.

BTW, there is no such thing as PD regression for asylum-based I-485s. There used to be a 10K annual cap on this type of appliations. But Congress abolished that and there is no limit to how many asylum-based I-485s they can approve. It is a function of USCIS efficiency.

 

[WongGendeng]

Hey Thankful, thanks for the info, really calmed me down. Actually I just spoke to lawyer about this, too, and he said that he's never found any problem for the nunc pro tunc cases. There was only one problem, that was just because the person had criminal records (just like what you said).

One question though. When I submit my I-589, should I fill up the parts where I have to tell the story of what harms that I experienced, what harms that I may face if I go back to my country?

The lawyer whom I talked to said that the stories should be based on my mom's application, and I should attach my mom's approval along with my I-589. Is it correct?

Ah... by the way, one of my very good friends was picked up (or detained) by Immigration office this morning. I'll create another forum for this.

Thanks a lot Thankful. Thanks a lot for everyone else.

 

[thankful]

It is not necessary to answer the substantive questions on the form. Just note that you are applying nunc pro tunc and attach proof of the previous asylum grant.

Hey Thankful, thanks for the info, really calmed me down. Actually I just spoke to lawyer about this, too, and he said that he's never found any problem for the nunc pro tunc cases. There was only one problem, that was just because the person had criminal records (just like what you said).

One question though. When I submit my I-589, should I fill up the parts where I have to tell the story of what harms that I experienced, what harms that I may face if I go back to my country?

The lawyer whom I talked to said that the stories should be based on my mom's application, and I should attach my mom's approval along with my I-589. Is it correct?

Ah... by the way, one of my very good friends was picked up (or detained) by Immigration office this morning. I'll create another forum for this.

Thanks a lot Thankful. Thanks a lot for everyone else.

 

[WongGendeng]

Thanks Thankful!

 

[garov55]

advise please

hi guys i am brand new to this forum ....
i like to say is very helpfull.............
anyway my Q is..:
i came to the us in 1998 i was 17 my parents were here already their status was asylum granted, there for mine was too... i am 26 now, recently my lawyer applied for i 485 to adjust status to a permenant resident... i should have done this within a year prior to my arriving here, but i wanst aware of it(tottaly my fault) my parents wasnt either i guess... well while my case is still pending i got a similar letter to the one postet above about the I 589 .... since i am over 21 i need to aplly under my own rights and under the nunc pro tunc conditions.....
based on my situation should i be very very worried maybe get a very good lawyer or will it be ok after all this is my home now ???
i never been in jail or commited a crime, paid my taxes every year and etc...
located currantly in SC

 

[faysal]

hi guys i am brand new to this forum ....
i like to say is very helpfull.............
anyway my Q is..:
i came to the us in 1998 i was 17 my parents were here already their status was asylum granted, there for mine was too... i am 26 now, recently my lawyer applied for i 485 to adjust status to a permenant resident... i should have done this within a year prior to my arriving here, but i wanst aware of it(tottaly my fault) my parents wasnt either i guess... well while my case is still pending i got a similar letter to the one postet above about the I 589 .... since i am over 21 i need to aplly under my own rights and under the nunc pro tunc conditions.....
based on my situation should i be very very worried maybe get a very good lawyer or will it be ok after all this is my home now ???
i never been in jail or commited a crime, paid my taxes every year and etc...
located currantly in SC

Don't worry about it. It is just formality. Since at the time you were granted asylum you were dependent on your parents, what they are doing now is to get your own file for you; I don't think you will need a lawyer. I went through the process, and didn't hire a lawyer. So make your decision. if you believe there are some difficulties in your case, then you need a lawyer; otherwise, I think you should go to the interview by yourself. Also, if you want the process to be easy, do not claim any dependents; if you claim dependents, then be ready for a tough interview; good luck