Nunc pro tunc interview

thankful said:
Call the asylum office and speak with the director (Ms. Hummert). Politely ask that they transfer your file back to the NSC. This is how the process is handled normally. Once NSC gets your file back they should process you in a matter of months. Do NOT apply again. Your current I-485 is still not adjudicated.

As I said from the start the Asylum Officers have no authority to grant your green card application.
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Thankful, as always, you're a life saver. I will call the Houston AO tomorrow, and ask to speak to Hummert, if they even agree to transfer me to her.
 
annaraka said:
Thankful, as always, you're a life saver. I will call the Houston AO tomorrow, and ask to speak to Hummert, if they even agree to transfer me to her.
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tried but cannot find her business card in my dorm room, so cannot help you with that. Be polite when you call. do not get aggravated. let me know how it goes.
 
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you need to put your application for I-485 in the big picture ..I don't think that your I-485 application has been closed..did you still have the notice of action?
I do suggest to call the same officer again and just ask him one simple question "what about my I-485 application?"
remember they can transfer your I-485 case to texas service center(I think mesquite texas)..where they can approve your green card application.
 
annaraka said:
Jubilee,

My fear is that the NSC transfered my entire file to Houston it seems; they had everything in my file there, my RFEs and all. If that is the case then the asylum officer has nothing or no one to send my I-94 to in Nebraska ( if they truly transfered my case for adjudication in Houston.) Meaning my I-485 case at the NSC is closed.
Who knows what happens there, the officer said to me today "I still don't know why they made you do the nunc pro tunc."
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Annaraka,

Things will work out, be strong! Chin up! However, in my opinion, you need an immigration lawyer here. Not that there is a problem, but it looks like your case got stuck in the red tape web. A good lawyer should be able to untangle it. Just my suggestion.
 
annaraka said:
Thankful, as always, you're a life saver. I will call the Houston AO tomorrow, and ask to speak to Hummert, if they even agree to transfer me to her.
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Any news yet?
 
thankful said:
Any news yet?
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No, I haven't had a chance to call all day. I actually called Hummert once, but she was out to lunch, and I was really busy all day.

I don't think that at this stage an attorney could help me ksusha. He can do an inquiry and possibly get the same message I got, and then advise me on what to do. In that case, there would then truly be a lot of red tape, with a new attorney coming on to the case. I don't want to inadvertently step on any toes. I think that I am at this stage capable of pushing things a little further and seeking a change. If nothing, then perhaps I should retain counsel.

I am still seeking to try thankful's advice on contacting Humert; if no result, then I will go to my congresswoman; and if still nothing, then perhaps I shall start thinking about counsel; this is my prospective course of action. Of course, you guys will be notified of every step.
 
You can also contact the officials at the central asylum office in Washington if necessary. I did that for clients before and it worked.


annaraka said:
No, I haven't had a chance to call all day. I actually called Hummert once, but she was out to lunch, and I was really busy all day.

I don't think that at this stage an attorney could help me ksusha. He can do an inquiry and possibly get the same message I got, and then advise me on what to do. In that case, there would then truly be a lot of red tape, with a new attorney coming on to the case. I don't want to inadvertently step on any toes. I think that I am at this stage capable of pushing things a little further and seeking a change. If nothing, then perhaps I should retain counsel.

I am still seeking to try thankful's advice on contacting Humert; if no result, then I will go to my congresswoman; and if still nothing, then perhaps I shall start thinking about counsel; this is my prospective course of action. Of course, you guys will be notified of every step.
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Good News!!!!!

Ok guys, good news for me today.

I just called the asylum officer who intervewed me in Houston, just to see if he received my old I-94 that I mailed him, and if he sent me a new one. He said that he didn't mail me a new one because he had to have his supervisor sign off on it. He also said that he was going to write a memo, and request that my file be forwarded back to the NSC for green card processing. I was so happy about that.

This is what he told me: 'he had to do some research on why I was requested the nunc pro tunc', and all derivative children who were granted asylum and applied for adjustment before August 6th 2002, were required to reapply for asylum on their own right, once they were over 21, and were not eligible to adjust until they were granted asylum.

In other words, I was under 21 when my father was granted asylum, and I was automatically a derivative. However I applied for adjustment before August 6th 2002, AND I was over 21 at that time; meaning I did not qualify as a derivative anymore under the old law.

With the passing of the child status protection act, the requirement that derivative children apply for asylum on their own right, upon reaching the age of 21 (and if they had not adjusted to PR before reaching the age of 21) was eliminated.

Hope this information helps.
 
annaraka said:
Ok guys, good news for me today.

I just called the asylum officer who intervewed me in Houston, just to see if he received my old I-94 that I mailed him, and if he sent me a new one. He said that he didn't mail me a new one because he had to have his supervisor sign off on it. He also said that he was going to write a memo, and request that my file be forwarded back to the NSC for green card processing. I was so happy about that.

This is what he told me: 'he had to do some research on why I was requested the nunc pro tunc', and all derivative children who were granted asylum and applied for adjustment before August 6th 2002, were required to reapply for asylum on their own right, once they were over 21, and were not eligible to adjust until they were granted asylum.

In other words, I was under 21 when my father was granted asylum, and I was automatically a derivative. However I applied for adjustment before August 6th 2002, AND I was over 21 at that time; meaning I did not qualify as a derivative anymore under the old law.

With the passing of the child status protection act, the requirement that derivative children apply for asylum on their own right, upon reaching the age of 21 (and if they had not adjusted to PR before reaching the age of 21) was eliminated.

Hope this information helps.
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wow...great news. congrats!
 
annaraka
I'm glad to hear things are going much better for you. :) Separate special 'thank you' for detailed accounts of your experience. After reading about it I secured legal representation for myself just for this hearing. :D The best of luck to you in everything!
 
Morning said:
14ksusha
I'm very glad to see you back! :)
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Oh..I got over my frustrations and realized that I really missed you all. Just quietly watching the posts didn't help, so I am back.:}
 
Question please answer!!! I am a Nunc pro Tunc case. While I wait for my hun pro Tunc interview I wanted to get marry to my boyfriend. Will this cause a problem in my nun pro Tunc interview?
 
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