Questions re: nunc pro tunc

O

oae0399

Registered Users (C)
Dear fellows:
I'm so glad that I finally find this place and get to know so many friends struggling in similar situation as I am. A little bit about my self, I first arrived in US in 2003 when I was 21 as derivative of asylee. I did not plan to apply green card through asylum until recently I found out employment based GC application is a hell lot of trouble as well (I don't have H-1 visa, and my company has no idea how to deal with such case). So now, I'm thinking go back to the old path, filing nunc pro tunc to claim my own asylum status and applying GC.
I have several questions if you guys could kindly share your knowledge and experience:
1. My understanding is I need to go to the nearest asylum office to file nunc pro tunc rather than mailing the app. to a service center. Is that right?

2. What question will be asked in the interview? My concern is I went to back to the COP twice (because of sick relatives), and stayed there for almost a year. Will they revoke my current derivative asylum status and expel me out of states?

3. Do I need a lawyer in this process? I really don't like lawyer who handles my dad's case. Can I do it by myself?

4. Let's say I filed the nunc pro tunc successfully, and I got my own asylum status in 2007. Does it take another 4-6 years to get green card? They won't count 2003 (the first time I came to states as derivative asylee) as my first date of asylum, will they?

Please forgive me about some many questions. Wish everyone good luck!!
 
Last edited by a moderator:
oae0399 said:
Dear fellows:
I'm so glad that I finally find this place and get to know so many friends struggling in similar situation as I am. A little bit about my self, I first arrived in US in 2003 when I was 21 as derivative of asylee. I did not plan to apply green card through asylum until recently I found out employment based GC application is a hell lot of trouble as well (I don't have H-1 visa, and my company has no idea how to deal with such case). So now, I'm thinking go back to the old path, filing nunc pro tunc to claim my own asylum status and applying GC.
I have several questions if you guys could kindly share your knowledge and experience:
1. My understanding is I need to go to the nearest asylum office to file nunc pro tunc rather than mailing the app. to a service center. Is that right?

2. What question will be asked in the interview? My concern is I went to back to the COP twice (because of sick relatives), and stayed there for almost a year. Will they revoke my current derivative asylum status and expel me out of states?

3. Do I need a lawyer in this process? I really don't like lawyer who handles my dad's case. Can I do it by myself?

4. Let's say I filed the nunc pro tunc successfully, and I got my own asylum status in 2007. Does it take another 4-6 years to get green card? They won't count 2003 (the first time I came to states as derivative asylee) as my first date of asylum, will they?

Please forgive me about some many questions. Wish everyone good luck!!
Click to expand...

It has been a couple of years since I have flied my app for nunc pro tunc but here is how I did it...

1. When I went to the nearest asylum office, the illiterate person there did not know what I was talking about when I said nunc pro tunc and so I decided to go to an attorney. I discovered that you DO NOT need an attorney to complete this process. The bottom line to your question is: don't go to the nearest asylum office. Download the application to claim asylum from the USCIS web site. Complete all the necessary fields and attach all the necessary proofs of identity, etc. they ask for. For the part that talks about the reasons for your asylum, attach your father's application.

2. That is always the crux - probably nothing will happen but I cannot guarantee that nor should you hide from the officer that you went back to COP. Folks here have different experiences about questions asked. I was actually asked why I don't want to go back to my country. I referred to the fact that my mother was the primary applicant and the officer seemed satisfied with that answer.

3. Again, you don't need a lawyer - you can complete the process on your own. My feeling is that all this can be done without an attorney.

4. I filed my nunc pro tunc while my green card application was pending. Once nunc pro tunc was approved, my green card application continued just like it did before. Remember, nunc pro tunc is a formality process that basically awards you your own asylum status in your own right and is done, in my opinion, for humanitarian reasons. It is a somewhat grey area for me. Let me know if you have any more questions.
 
Thank you vdostoi1 for your info.
After spending the whole morning reading so many useful posts here, things became much more clear to me.

As I understand it, the process is such:
1. Download asylum application from USCIS, fill all the fields, attach my dad's application as evidence of persecution (Not sure if I can find it though, my dad did his 5 years ago), mail it to the specified service center.

2. Will be notified for interview. Needs to convice the official I had right reason to go back to COP if being asked. Most likely, they won't care because my dad was the primary applicant. However, risk is always there.

3. I'll be granted asylum status of my own soon if the interview goes well.

4. I'll need to wait one year after asylum status granted to file I-485 to apply green card.

5. After another 3-4 years (on average) and a lot of other paperwork during within, I'll get my green card.

Is that the right path? Any comments or suggestions could make it more smooth? Also, anyone has experience applying employment based green card in such case(without H-1 visa)?
Thanks!

vdostoi1 said:
It has been a couple of years since I have flied my app for nunc pro tunc but here is how I did it...

1. When I went to the nearest asylum office, the illiterate person there did not know what I was talking about when I said nunc pro tunc and so I decided to go to an attorney. I discovered that you DO NOT need an attorney to complete this process. The bottom line to your question is: don't go to the nearest asylum office. Download the application to claim asylum from the USCIS web site. Complete all the necessary fields and attach all the necessary proofs of identity, etc. they ask for. For the part that talks about the reasons for your asylum, attach your father's application.

2. That is always the crux - probably nothing will happen but I cannot guarantee that nor should you hide from the officer that you went back to COP. Folks here have different experiences about questions asked. I was actually asked why I don't want to go back to my country. I referred to the fact that my mother was the primary applicant and the officer seemed satisfied with that answer.

3. Again, you don't need a lawyer - you can complete the process on your own. My feeling is that all this can be done without an attorney.

4. I filed my nunc pro tunc while my green card application was pending. Once nunc pro tunc was approved, my green card application continued just like it did before. Remember, nunc pro tunc is a formality process that basically awards you your own asylum status in your own right and is done, in my opinion, for humanitarian reasons. It is a somewhat grey area for me. Let me know if you have any more questions.
Click to expand...
 
Last edited by a moderator:
oae0399 said:
Thank you vdostoi1 for your info.
After spending the whole morning reading so many useful posts here, things became much more clear to me.

As I understand it, the process is such:
1. Download asylum application from USCIS, fill all the fields, attach my dad's application as evidence of persecution (Not sure if I can find it though, my dad did his 5 years ago), mail it to the specified service center.

2. Will be notified for interview. Needs to convice the official I had right reason to go back to COP if being asked. Most likely, they won't care because my dad was the primary applicant. However, risk is always there.

3. I'll be granted asylum status of my own soon if the interview goes well.

4. I'll need to wait one year after asylum status granted to file I-485 to apply green card.

5. After another 3-4 years (on average) and a lot of other paperwork during within, I'll get my green card.

Is that the right path? Any comments or suggestions could make it more smooth? Also, anyone has experience applying employment based green card in such case(without H-1 visa)?
Thanks!
Click to expand...
QUOTE=oae0399]Thank you vdostoi1 for your info.
After spending the whole morning reading so many useful posts here, things became much more clear to me.

As I understand it, the process is such:
1. Download asylum application from USCIS, fill all the fields, attach my dad's application as evidence of persecution (Not sure if I can find it though, my dad did his 5 years ago), mail it to the specified service center.

2. Will be notified for interview. Needs to convice the official I had right reason to go back to COP if being asked. Most likely, they won't care because my dad was the primary applicant. However, risk is always there.

3. I'll be granted asylum status of my own soon if the interview goes well.

4. I'll need to wait one year after asylum status granted to file I-485 to apply green card.

5. After another 3-4 years (on average) and a lot of other paperwork during within, I'll get my green card.

Is that the right path? Any comments or suggestions could make it more smooth? Also, anyone has experience applying employment based green card in such case(without H-1 visa)?
Thanks![/QUOTE]


Mr. each person's case is different, but there is one thing that all Nunc pro tucn cases have in common. Once your case is approved, they wil back date it to the date you were granted asylum oringinally, so you don't have to wait for a year. In fact, you could have filed or can file now adjustment of status any time you wanted or want. there is one thing you can do. you can file both the applications. greencard and asylum at the same time. You don't have to file asylum application and sit and wait. For example, if you file for greencard and asylum at the same time, the benefit is; the nebraska service will hold your greencard application pending the outcome of your asylum application and once your asylum is approved you will send them a copy of your asylum approval and they process your greencard application. the asylum process may take 4 to 6 months. whatever it takes you file your greencard application that assure that you have priority date. but if you wait for until your asylum is approved then it will be a big delay.

I don't know why you wanted to have work related greecard while you have asylum one.

As far as visiting your COP persecution goes; your case will be based on your father if you don't put depends on your asylum application for example a wife that you want to derive asylum status from you. If you claim depends, then you can't derive asylum from your father and you must prove to the asylum officer that you will suffer persecution if you go back to your country, which will be hard. At this time, my tip to you is don't claim depends; just base your case on father's case. If you your father's form attach it to your file, if you can't find it. don't worry about it the asylum office will find it. if you stick to your father's story, i don't think you will have problem at all.

When filling out the application, you don't have to fill out every question. If you don't understand some questions, just skip them.

I did my Nunc Pro Tunc on my own. I filed for greencard in July 2001. I did the asylum application in dec. 2005, and got greencard in April 2006. My Nunc pro tunc stemmed from divorce, and at the interview there were no questions at all. My name, date of birth, My ID; The whole thing took less than five minutes. No question from the form what so ever. so don't be discauraged. Good luck...
 
faysal said:
QUOTE=oae0399]Thank you vdostoi1 for your info.
After spending the whole morning reading so many useful posts here, things became much more clear to me.

As I understand it, the process is such:
1. Download asylum application from USCIS, fill all the fields, attach my dad's application as evidence of persecution (Not sure if I can find it though, my dad did his 5 years ago), mail it to the specified service center.

2. Will be notified for interview. Needs to convice the official I had right reason to go back to COP if being asked. Most likely, they won't care because my dad was the primary applicant. However, risk is always there.

3. I'll be granted asylum status of my own soon if the interview goes well.

4. I'll need to wait one year after asylum status granted to file I-485 to apply green card.

5. After another 3-4 years (on average) and a lot of other paperwork during within, I'll get my green card.

Is that the right path? Any comments or suggestions could make it more smooth? Also, anyone has experience applying employment based green card in such case(without H-1 visa)?
Thanks!
Click to expand...




I think Faysal offered valuable input. My nunc pro tunc stemmed from me reaching 21 and being part of my mother's application. I had to have an interview and as I mentioned, to my surprise the asylum officer asked me why I fear going back to COP but I let my attorney answer for me...Again, I had no dependents...So just be prepared and make sure that you are familiar with your father's asylum claims. Everything is a formality...
 
vdostoi1 said:
I think Faysal offered valuable input. My nunc pro tunc stemmed from me reaching 21 and being part of my mother's application. I had to have an interview and as I mentioned, to my surprise the asylum officer asked me why I fear going back to COP but I let my attorney answer for me...Again, I had no dependents...So just be prepared and make sure that you are familiar with your father's asylum claims. Everything is a formality...
Click to expand...


Vdostioi1: You are right. Asylum officers are not familiar with the process, and some them may ofter put you through the same process as a primary applicant, but if you the applicant understands his case and explains the officer that the case is different, then will understand. The officer who interviewed me clearly understood the process and he had a big sign across my file "NUNC PRO TUNC". so it depends...All nunc pro tunc case should be the same...
 
Hi,

I do not think you need to file nunc pro tunc at all. Congress changed the law in 2002. Before I can tell you for sure I need to know your age when your father applied for asylum, when he was granted asylum and when your arrived in the United States. I also need to know your marital status.

But based on the limited information you provided no nunc pro tunc application is required.



oae0399 said:
Dear fellows:
I'm so glad that I finally find this place and get to know so many friends struggling in similar situation as I am. A little bit about my self, I first arrived in US in 2003 when I was 21 as derivative of asylee. I did not plan to apply green card through asylum until recently I found out employment based GC application is a hell lot of trouble as well (I don't have H-1 visa, and my company has no idea how to deal with such case). So now, I'm thinking go back to the old path, filing nunc pro tunc to claim my own asylum status and applying GC.
I have several questions if you guys could kindly share your knowledge and experience:
1. My understanding is I need to go to the nearest asylum office to file nunc pro tunc rather than mailing the app. to a service center. Is that right?

2. What question will be asked in the interview? My concern is I went to back to the COP twice (because of sick relatives), and stayed there for almost a year. Will they revoke my current derivative asylum status and expel me out of states?

3. Do I need a lawyer in this process? I really don't like lawyer who handles my dad's case. Can I do it by myself?

4. Let's say I filed the nunc pro tunc successfully, and I got my own asylum status in 2007. Does it take another 4-6 years to get green card? They won't count 2003 (the first time I came to states as derivative asylee) as my first date of asylum, will they?

Please forgive me about some many questions. Wish everyone good luck!!
Click to expand...
 
Last edited by a moderator:
Thank you faysal! Your tips are really helpful! :)
It encourages me a lot to DIY this.

I once prefered employment based green card because I wanted to go back to COP freely. Now it seems it's really a big mistake. I should have got green card already if I filed asylum based green card at the first place.

faysal said:
Mr. each person's case is different, but there is one thing that all Nunc pro tucn cases have in common. Once your case is approved, they wil back date it to the date you were granted asylum oringinally, so you don't have to wait for a year. In fact, you could have filed or can file now adjustment of status any time you wanted or want. there is one thing you can do. you can file both the applications. greencard and asylum at the same time. You don't have to file asylum application and sit and wait. For example, if you file for greencard and asylum at the same time, the benefit is; the nebraska service will hold your greencard application pending the outcome of your asylum application and once your asylum is approved you will send them a copy of your asylum approval and they process your greencard application. the asylum process may take 4 to 6 months. whatever it takes you file your greencard application that assure that you have priority date. but if you wait for until your asylum is approved then it will be a big delay.

I don't know why you wanted to have work related greecard while you have asylum one.

As far as visiting your COP persecution goes; your case will be based on your father if you don't put depends on your asylum application for example a wife that you want to derive asylum status from you. If you claim depends, then you can't derive asylum from your father and you must prove to the asylum officer that you will suffer persecution if you go back to your country, which will be hard. At this time, my tip to you is don't claim depends; just base your case on father's case. If you your father's form attach it to your file, if you can't find it. don't worry about it the asylum office will find it. if you stick to your father's story, i don't think you will have problem at all.

When filling out the application, you don't have to fill out every question. If you don't understand some questions, just skip them.

I did my Nunc Pro Tunc on my own. I filed for greencard in July 2001. I did the asylum application in dec. 2005, and got greencard in April 2006. My Nunc pro tunc stemmed from divorce, and at the interview there were no questions at all. My name, date of birth, My ID; The whole thing took less than five minutes. No question from the form what so ever. so don't be discauraged. Good luck...
Click to expand...
 
Last edited by a moderator:
Hi thankful, can you tell me where I can find this law change?

I believe I need nunc pro tunc (and my dad's lawyer told me so) because I came here before I was 21 in 2002 and now I'm over 21 and married.
My dad was granted asylum in 2001.

thankful said:
Hi,

I do not think you need to file nunc pro tunc at all. Congress changed the law in 2002. Before I can tell you for sure I need to know your age when your father applied for asylum, when he was granted asylum and when your arrived in the United States. I also need to know your marital status.

But based on the limited information you provided no nunc pro tunc application is required.
Click to expand...
 
Last edited by a moderator:
oae0399 said:
Hi thankful, can you tell me where I can find this law change?

I believe I need nunc pro tunc (and my dad's lawyer told me so) because I came here before I was 21 in 2002 and now I'm over 21 and married.
My dad was granted asylum in 2001.
Click to expand...

Look at section 4 of the Child Status Protection Act of 2002.

But because of your marriage you cannot benefit from the law and you must apply nunc pro tunc (the law would have protected you if you were single).
 
oae0399 said:
Thank you faysal! Your tips are really helpful! :)
It encourages me a lot to DIY this.

I once prefered employment based green card because I wanted to go back to COP freely. Now it seems it's really a big mistake. I should have got green card already if I filed asylum based green card at the first place.
Click to expand...

Mr. if you were wrong last time, don't be wrong this time. The best way to know what you are supposed to do is just file for the greencard applicaion. The immigration officers will tell you what you are supposed to do. That is the best way to learn. Time goes fast, so just file. it doesn't hurt..
 
For those of you who filed "nunc pro tunc" and got green card already, could you tell me your green card is coded as "AS6" or "AS8"?
 
oae0399 said:
For those of you who filed "nunc pro tunc" and got green card already, could you tell me your green card is coded as "AS6" or "AS8"?
Click to expand...


Mine is AS6. Technically all nunc pro tunc should be like that because the process makes people become principals. good luck
 
faysal said:
Mine is AS6. Technically all nunc pro tunc should be like that because the process makes people become principals. good luck
Click to expand...


Same here. AS6. You become the principal after nunc pro tunc is granted.
 
vdostoi1 said:
Same here. AS6. You become the principal after nunc pro tunc is granted.
Click to expand...


The whole point of nunc pro tunc processing is to make you into a principal. So your green card will be coded AS6.
 
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