nunc pro tunc filing
- Thread starter Peach
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Lazerthegreat
Registered Users (C)
I think only Gilbert would have known that... or maybe Shamson? I sure dont.. 
wantmygcnow
Volunteer Moderator
Nunc pro tunc literally means "now for then."
Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the earlier date.
This phrase is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.
Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been granted), and the result is that the divorce never becomes final. If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the earlier date.
This phrase is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.
In addition to what Wantmygcnow just said
When a derivative asylee (child or a spouse) loses their derivative status because of divorce, marriage or death of the principal applicant, they can re-submit Form I-589, Application for Asylum nunc pro tunc, requesting change of status from derivative to principal due to the changed circumstances.
They don’t have to prove prosecution, but they have to appear for the initial interview.
I want to know if anybody did this before.
When a derivative asylee (child or a spouse) loses their derivative status because of divorce, marriage or death of the principal applicant, they can re-submit Form I-589, Application for Asylum nunc pro tunc, requesting change of status from derivative to principal due to the changed circumstances.
They don’t have to prove prosecution, but they have to appear for the initial interview.
I want to know if anybody did this before.
I did look into it and did not go this route. Depending on your situation you might not have a choice.
This is the info I obtained from the INS asylum office in SF. Previously, you just had to fill the application, you personally did not need to mention any info about persecutaion, but you would attach a copy of the original approved petitioners with your application. But now you need to actually fill in the info with you application. Just make sure you state the same things as the original petitioner did.
But since you are derivative, you will not need to prove persecution on yourself.
Just file the application with the LOCAL asylum office or the office servicing your region. You DONOT file this application with Nebraska. I do not know the timelines for the whole process though.
This is the info I obtained from the INS asylum office in SF. Previously, you just had to fill the application, you personally did not need to mention any info about persecutaion, but you would attach a copy of the original approved petitioners with your application. But now you need to actually fill in the info with you application. Just make sure you state the same things as the original petitioner did.
But since you are derivative, you will not need to prove persecution on yourself.
Just file the application with the LOCAL asylum office or the office servicing your region. You DONOT file this application with Nebraska. I do not know the timelines for the whole process though.
for ayyubov
Hi!
What you read “…21 and unmarried..” was the old law.
Under the new Child status protection act of 2002 your wife was safe from “age-out” her derivative benefits no matter what her age was, until she got married.
If she still wants to adjust to LPR then she better file nunc pro tunc ASAP.
I also answered similar question in another tread:
http://www.immigrationportal.com/showthread.php?t=126821
ayyubov said:
Hi!
What you read “…21 and unmarried..” was the old law.
Under the new Child status protection act of 2002 your wife was safe from “age-out” her derivative benefits no matter what her age was, until she got married.
If she still wants to adjust to LPR then she better file nunc pro tunc ASAP.
I also answered similar question in another tread:
http://www.immigrationportal.com/showthread.php?t=126821
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