American immigration regulations can be overwhelming, especially if you have ever experienced visa status issues. However, you can make some changes to certain issues related to your immigration status by making a “nunc pro tunc” request to U.S. Citizenship and Immigration Services (USCIS). This is used when you want to reinstate your visa status in case there are any mistakes or delays that prevent you from maintaining or renewing it.
What is a “Nunc Pro Tunc” Request?
‘Now for then’ is a Latin word, “nunc pro tunc” and it is the law language to describe a request to apply a decision or act later on. In straightforward terms, it is an appeal to the official record to rectify or add to something that ought to have happened earlier.
An immigration nunc pro tunc request is an application submitted to USCIS to allow an earlier or inaccurately recorded visa, application, or status to be approved retrospectively. You may have to do this if something went wrong or someone missed out or your application was pushed back because of an event outside your control.
The purpose of the Nunc pro-Tunc request is to correct the official records and recognize your status, even if they were missed or sloppy.
When Do You Need to Submit a Nunc Pro Tunc Request?
There are a few cases where a nunc pro tunc request is needed. Here are some common examples:
Incorrect Filing: If you failed to file an immigration application or petition timely, you may ask for the application to be considered as though it was filed on time. For instance, if you missed the visa extension deadline because of an emergency or disease, you can request nunc pro tunc to get reinstated.
Correction of Errors: If your application from earlier was inaccurate or missing some information you can submit a nunc pro tunc request to correct the error and have your application processed as if it was filed correctly the first time.
Approval at a Time-Back: If you were eligible for a specific immigration benefit previously but never applied, you can ask USCIS to grant the benefit backward to the date you met the eligibility.
Is Your Nunc Pro Tunc Request Permitted?
A Nunc pro tunc application isn’t a no-brainer. USCIS will consider every application separately, and acceptance is contingent on several factors, such as the reason for the delay or mistake, the applicant’s status, and any other circumstances.
If: Your nunc pro tunc request will be approved by USCIS more readily if:
Special reasons for the wait: Sickness, family emergencies, etc.
Applicants haven’t broken any other terms of their visa status: You otherwise should have acted within the terms of your visa or status.
Whether the person is not currently deported or under removal: You are subject to deportation/removal, and you cannot easily submit a nunc pro tunc request.
How to Submit a Nunc Pro Tunc Request
The steps that are general to a nunc pro tunc request if you feel it is right for you:
Gather Evidence: Gather all documents you can that back up your case. This could be documentation of what happened that delayed or misled you, documentation of your legal status, and anything else you can offer to assist you.
Cover Letter: Write a cover letter when you fill in your application, that is why you are applying to Nunc pro tunc. This letter should explain the mistake or inaccuracy and demand a backward extension. : Make sure you write down what date you want to get approved for.
Filled Out the Right USCIS Form: Depending on what immigration benefits or action you’re interested in, you have to submit the right form. This might be a renewal form for your visa or a form to seek an immigration benefit.
Prepare Attachments: You need to upload attachments along with the application form. They may be copies of your prior petitions, government notifications, and other evidence demonstrating why you applied for retroactive approval.
Fill in the Request: When you have all the forms and documents, mail your Nunc pro tunc request to the right USCIS office. Take heed to all submission instructions for delays.
Need Some Support on Your Nunc Pro Tunc Request?
You can also get a Nunc pro tunc application for your case, but if you don’t know what to do or don’t know how to handle it, ask an experienced immigration attorney. An attorney can analyze your case, the chance of success calculated, and the intricacy of the filing process.
Here at Law and Visas, we provide you with information and advice on the U.S. immigration process. If you take the time to follow legal advice, you will have a better chance of winning the case and having your immigration status reinstated.
Key Takeaways
A nunc pro tunc request lets you request that USCIS reconsider an action or decision in the past to remedy mistakes or delays.
This application is usually done if you want to resume your visa after a lapse or mistake.
Each request is scrutinized separately, and approval is based on your particular situation.
An immigration attorney can help ensure that you file the application correctly and that it is as likely to be approved as possible.
Anyone with an immigration issue should not be afraid to hire professionals. Call us at Law and Visas to start the planning process for your immigration today.
