When an error or delay in the immigration process causes you to lose your lawful status, filing a nunc pro tunc order may be your best option for restoring that status. At Ybarra Maldonado Law Group in Phoenix, AZ, our skilled immigration attorneys are here to help you understand how this legal tool can work in your favor and ensure your case is handled with care.
At Ybarra Maldonado Law Group, we understand the urgency of restoring your immigration status and the impact that an error or delay can have on your life. An experienced Phoenix immigration lawyer on our team can guide you through the process of filing a nunc pro tunc order, ensuring that all necessary documents are properly prepared and submitted to the court.
If you need to restore your immigration status due to a missed deadline or administrative mistake, call us at (602) 910-4040 to schedule an initial case evaluation with our team today.
Nunc Pro Tunc Meaning
A nunc pro tunc order is a legal term derived from Latin, meaning “now for then.” It allows a court to retroactively correct or modify a court order or judgment to reflect what should have been done earlier. This can allow for certain proceedings to begin or continue after the legal deadline has passed, usually as a result of an issue caused by a clerical error or administrative delay.
For example, if a court clerk fails to file a motion on time, and the statute of limitations on the matter expires, then a nunc pro tunc order can allow for that motion to be filed as if it had been filed within the deadline. Nunc pro tunc orders can be used in specific situations within the context of probate court, trial court, and even immigration court.
What Is a Nunc Pro Tunc Order from USCIS?
Within immigration law, a nunc pro tunc order can be used to remedy administrative errors or delays that could result in removal proceedings or other disciplinary actions. If an immigrant is facing negative consequences as a result of an administrative or clerical error, delay, or oversight by the immigration court, then they can file a nunc pro tunc order with U.S. Citizenship and Immigration Services (USCIS).
If approved by USCIS, this kind of request can allow for certain decisions or actions to take effect past the legal deadline if USCIS deems that the delay was caused by certain exceptional circumstances. This can be crucial for immigrants who need to maintain lawful status but have experienced delays due to no fault of their own.
For example, if an immigrant is eligible for a visa extension but the authorities do not process their application in a timely manner, they can file a nunc pro tunc request regarding their extension. That way, the court can recognize the visa as having been extended from the original date, and that person will be protected from the consequences associated with an expired visa.
When to File Nunc Pro Tunc Forms
Nunc pro tunc forms should be filed when an individual seeks to correct a mistake or delay that has caused a negative impact on their immigration status. Below are some situations in which an immigrant may be able to file a nunc pro tunc form.
Error Correction
Nunc pro tunc forms are often filed to correct errors that occurred during the immigration process, whether they were made by the applicant or U.S. Citizenship and Immigration Services (USCIS). These errors could include anything from clerical mistakes in the application paperwork to processing delays that affected the applicant’s immigration status, allowing it to be retroactively approved to an earlier date.
Late Filings
Nunc pro tunc forms are also useful for addressing a late filing, especially one in which the delay was unintentional and beyond the applicant’s control. For instance, if a visa renewal or adjustment of status application was submitted after the deadline due to unforeseen circumstances, a nunc pro tunc request may be filed to treat the application as if it had been submitted on time.
Retroactive Approvals
A nunc pro tunc order can be instrumental in obtaining retroactive approvals for immigration benefits that should have been granted at an earlier date. This is particularly relevant when a delay in USCIS processing or an administrative oversight causes an applicant to lose their legal status or benefits.
Will Your Nunc Pro Tunc Order Be Approved or Denied?
Whether a nunc pro tunc order will be approved or denied largely depends on the circumstances surrounding the request and the evidence provided. Ultimately, the USCIS will carefully examine the reason for the error or delay that prompted the nunc pro tunc request and approve or deny the request at their discretion.
If an aspiring immigrant has entered nunc pro tunc following an error or delay in their immigration proceedings, the USCIS may approve their request if:
- A delay was the result of circumstances outside of their control or an emergency, and their request for nunc pro tunc was within a reasonable amount of time;
- The applicant is not in violation of any other conditions of their nonimmigrant status; and
- The applicant is not facing deportation proceedings.
How to File Nunc Pro Tunc Requests
To file a nunc pro tunc request, the applicant typically needs to submit a formal motion or petition to either the U.S. Citizenship and Immigration Services (USCIS) or the appropriate court, depending on the nature of the error or delay. A skilled immigration attorney can help guide you through the application process and ensure you have the best possible chance at approval.
Contact an Experienced Immigration Attorney in Phoenix at Ybarra Maldonado Law Group Today
At Ybarra Maldonado Law Group, we understand how important it is to correct errors and ensure that your rights are upheld throughout the immigration process. If you believe a nunc pro tunc order may apply to your situation, or if you’re dealing with any immigration matter that requires prompt attention, don’t wait to get the legal guidance you need. Contact us for the personalized advice and dedicated legal representation you deserve–we’re the attorneys you can trust, abogados de confianza. Call (602) 910-4040 or contact us online to schedule a confidential case evaluation with our team today regarding your case.
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