Did you lose your status as a derivative asylee but would still like to adjust your status to that of a permanent resident? Filing nunc pro tunc for permanent residence may be an option for you. Let’s break down what this complex legal mechanism entails.
What is “Nunc Pro Tunc”?
The phrase “nunc pro tunc” means “now for then.” This applies to cases where an individual who is no longer eligible to adjust their status or become a permanent resident as a derivative asylee may file for and be granted asylum as a principal asylee. This would then make the individual eligible to file for permanent residence.
Who is Eligible?
In the case of asylum, nunc pro tunc cases primarily apply to individuals who have lost their eligibility to adjust their status or become a permanent resident as a derivative asylee. Often, nunc pro tunc applies to cases where the derivative asylee has lost their eligibility inadvertently or faultlessly. Some possible examples include the following:
- The derivative asylee divorces the principal asylee before obtaining his/her green card;
- The principal asylee naturalizes before his/her spouse or children obtain their green card;
- The principal asylee’s status as an asylee is terminated.
Even though marriage and divorce are often purposeful actions, the consequences on one’s legal eligibility are often inadvertent, not intentional, and would qualify an individual for a nunc pro tunc application. By filing a nunc pro tunc application for asylum, the applicant is essentially applying for asylum in his/her own right, being the principal asylee, but with the date of the asylum grant backdated to the date the original principal asylee was granted asylum.
Who is Not Eligible?
Some of the following reasons will lead an individual to not be eligible:
- The derivative asylee has a criminal record or has participated in terrorist activities or organizations;
- The derivative asylee is firmly resettled in a third country; or
- The derivative asylee can be considered a threat to U.S. security.
How to File?
Nunc Pro Tunc cases are considered to be complex in nature and require a compelling application, which includes the following items:
- Extensive documentation of the applicant’s derivative status;
- A cover letter with solid reasoning and a detailed timeline of events that catalyzed the Nunc Pro Tunc case; and
- Compelling supporting documents, such as identification documents, affidavits, and proof of past approvals.
How Long Does the Process Take?
Beyond the time that it takes to compile the application packet, nunc pro tunc cases have an average processing time ranging from 12 months to years, as it is essentially an entirely new asylum application. Additionally, requests for additional evidence, changes in immigration policies, and other factors can affect processing times. Applicants may also be required to attend an in-person interview as well.
You may also be interested: Asylum Cases: Documents Needed to Establish Past Persecution
Why Hire an Immigration Attorney
If you were granted asylum as a derivative and are now no longer eligible to adjust your status, all hope isn’t lost. A nunc pro tunc petition can offer a powerful path forward, allowing you to apply as a principal asylee and continue your journey toward permanent residency.
That said, the process can be complex and requires strong evidence, detailed documentation, and a clear legal strategy. An experienced immigration attorney can guide you through every step and help you present the strongest possible case.
Interested in exploring your options? Reach out today to schedule a consultation and take the first step toward reclaiming your future.
