Please help .....Nunc Pro Tunk

[Gala]

Hi all,

can someone please give me an advice????

Here's my story.....

I applied for asylum in 1999 and it was approved in 2000.
My daughter was 20 yrs old(dependant), when I was (primary applicant) granted asylum.
We both filed I-485 on May 2001, and a week ago my application was approved; however INS asked my daughter to file for Nunk Pro Tunk.

Should I be worried, and what happens next?????

Please I need your input


Thank you all in advance


Gala

 

[Morning]

Gala
Don't panic! There's no reason. Check threads: Nunc pro tunc intreview by annaraka and My wife has an intrview at the local office . Hopefully, you'll get answers there.

 

[thankful]

Is your daughter married?

 

[Gala]

Is your daughter married?

No she isn't, as a matter of fact she still lives with me.....

The asylum approval was 2 days before her 21st B-day, but at the time when we both filed I-485 she was already 22

 

[thankful]

No she isn't, as a matter of fact she still lives with me

Well, from the dates you providede above, her application was pending on file with the USCIS in August in 2002, right?

If yes, then she does not have to do the nunc tunc pro process. The officer made a mistake.

But this process is actually pretty easy to do, nothing complicated.

So you have two options: just do the nunc pro tunc thing or tell NSC that they made a mistake.

Best.

 

[thankful]

No she isn't, as a matter of fact she still lives with me.....

The asylum approval was 2 days before her 21st B-day, but at the time when we both filed I-485 she was already 22

Then that is a different story. She will have to go throught the nunc pro tunc process.

 

[Gala]

Then that is a different story. She will have to go throught the nunc pro tunc process.

With this whole nunc pro thing, I can't even enjoy my GC. It is so frustrating.

How long do u think it would take for her to become PR, provided she has already done FP twice (Jan 04, 2006 was the most recent), biometrcis, RFI(mediacal & bio in Aug 2005)

 

[Chila]

"Child Status protection act"

If your daughter was under 21 when your asylum was granted, and if your asylum was granted as "indefinite" -opposite to 'conditional', your daughter does not have to file again a form I-589 'non pro tunc" procedure. The Child status protection act, grants our children the exact same right as the applicant mother, in your case, ie. section 101(b)(1)(A),(B),(C),(D), or (E) and so she can also apply for adjustment of status for permanent residency.
Check it out, document yourself and go for it! I've been through this.
Chila

 

[annaraka]

Gala,

If your daughter was under 21 when the asylum was aproved, and if in the meantime she never married; then I would suggest you try sending a letter to USCIS, and explaining that there is no reason they should seek nunc pro tunc asylum be done by your daughter.

However, let me explain something that a stupid asylum officer told me during my interview. Although the asylum grant letter does not mention this; it is highly advisable that derivative asylees; once the primary is granted asylum; complete the nunc pro tunc application for asylum on their own right. So most people don't know this, but aparently the service centers are making an exception-the rule, as very few derivatives ever do the nunc pro tunc processing, but aparently some are requested to do it when they aply for benefits on their own right.

Really pursue the response once you send this letter to CIS, and if you get nothing, then complete an I-589, and forward copies of the new grant letter and I-94 to the service center, showing your daughter's new status as an asylee. The nunc pro tunc asylum interview takes just a few minutes, and as long as your dughter does not have a criminal record, she has nothing to worry about.

Good luck to you guys.

 

[thankful]

I am confused. Why would someone do the nunc pro tunc route if there is no reason to do so? This would be a complete waste of USCIS resources (after all an asylum application is FREE). I am pretty confident the Service Center would reject those filings--they have enough on their plates as it is.

Gala,

If your daughter was under 21 when the asylum was aproved, and if in the meantime she never married; then I would suggest you try sending a letter to USCIS, and explaining that there is no reason they should seek nunc pro tunc asylum be done by your daughter.

However, let me explain something that a stupid asylum officer told me during my interview. Although the asylum grant letter does not mention this; it is highly advisable that derivative asylees; once the primary is granted asylum; complete the nunc pro tunc application for asylum on their own right. So most people don't know this, but aparently the service centers are making an exception-the rule, as very few derivatives ever do the nunc pro tunc processing, but aparently some are requested to do it when they aply for benefits on their own right.

Really pursue the response once you send this letter to CIS, and if you get nothing, then complete an I-589, and forward copies of the new grant letter and I-94 to the service center, showing your daughter's new status as an asylee. The nunc pro tunc asylum interview takes just a few minutes, and as long as your dughter does not have a criminal record, she has nothing to worry about.

Good luck to you guys.

 

[annaraka]

I am confused. Why would someone do the nunc pro tunc route if there is no reason to do so? This would be a complete waste of USCIS resources (after all an asylum application is FREE). I am pretty confident the Service Center would reject those filings--they have enough on their plates as it is.

Thankful,

I am not sure I understand your question, but let me clarify. I said she should first try to dissuade the service center from requiring a nunc pro tunc for her daughter. If they do not respond, then; considering she already received an RFE for a nunc pro tunc, she should finish it. I am suggesting that the CIS is becoming quite frivolous with these nunc pro tunc requests.

 

[thankful]

This paragraph threw me off:

"Although the asylum grant letter does not mention this; it is highly advisable that derivative asylees; once the primary is granted asylum; complete the nunc pro tunc application for asylum on their own right. So most people don't know this, but aparently the service centers are making an exception-the rule, as very few derivatives ever do the nunc pro tunc processing, but aparently some are requested to do it when they aply for benefits on their own right."


I still do not know what you were trying to say.

I do not think I can agree with the assessment that they are "frivolous" with the nunc pro tunc process. When this was created, it was basically an INS invented legal loophole that allowed people to adjust status. Otherwise they would be back to square one and have to reapppy for asylum. When the Child Status Protection Act was passed, they interpreted the new law in a more liberal manner than a plain reading would have allowed. Their goal was to cut down on the number of nunc pro tunc requests because they consumed resources.