Filing a Nunc Pro Tunc Request: Steps

Introduction

Every immigration application has a clock running. Deadlines are strict, and even a short delay can complicate someone’s status in the United States.

Sometimes, circumstances beyond one’s control, such as illness, emergencies, or an honest mistake, can cause a person to miss that window. Even when there is a clear intent to follow the rules, the timing does not always align.

In these situations, asking USCIS for favorable consideration through a properly supported nunc pro tunc request may still be possible.

What is Nunc Pro Tunc?

Nunc Pro Tunc means “now for then.” It is a principle that allows a court or a government agency like USCIS to retroactively correct something that should have been done earlier but was not. It gives recognition or approval to an action done in the past. 

Suppose you are in a situation where you were eligible for a benefit at a certain time, but because of some clerical mistake or delay caused in filing (due to circumstances beyond your control), your application was not processed correctly. 

That’s where Nunc Pro Tunc comes to your rescue and helps you in obtaining the original status. It is a request that is made to correct a filing error or to address an oversight that occurred during the process.

When Can You Use Nunc Pro Tunc?

Nunc Pro Tunc request helps in correcting and restoring the original position, but it can not be used everywhere. The following are the circumstances where they can be used:

1. Clerical or administrative errors: If there are any clerical or administrative errors in the application that you filed, and now you want to rectify them, then a nunc pro tunc request can be filed to correct the mistake. With this, the application filed will restore the value as if it were correct.
2. Failure to file on time: If you fail to file the application on time due to circumstances beyond your control, you can submit a nunc pro tunc request to file the application, considering it as filed on the required time. 
3. Revocation without reason: You can file this if you believe USCIS has revoked your visa status without proper cause.
4. Retroactive Approval: If you think you were eligible for an immigration benefit before submitting the corresponding application, you can use the nunc pro tunc request to retroactively get the approval to the earlier date when the eligibility was met.

How to File a Nunc Pro Tunc Request?

The following are the steps that are required to file a Nunc Pro Tunc request:

1. Filling out the request begins with gathering all the evidence that proves you were eligible for the immigration benefit when you originally filed. You will have to prove that there was an administrative error or delay that wasn’t your fault, that the circumstances that led to delays in filling out your application were beyond your control, etc.
2. You should prepare a cover letter listing the reason for the request of nunc pro tunc clearly and concisely. In this, you should list the following.
   • A request for Nunc Pro Tunc relief.
   • An explanation of the mistake or delay, mentioning what happened and why it wasn’t your fault.
3. Depending on what immigration benefit you’re requesting, you must complete the correct form and submit the specific form you were originally seeking, such as for renewal or extension of your visa status.
4. Compile and submit the documents that support your Nunc pro Tunc request, which may include all the relevant documents related to your previously filed applications or petitions.
5. Submit the request to the USCIS office.

When Can a Nunc Pro Tunc Request Be Denied?

Nunc pro tunc is a useful request, but it has limitations, as it is the discretion of the USCIS and the officer who reviews your case; they have the power to decide if your situation warrants attention and approval. The circumstances in which the request may be denied are as follows:

1. If the applicant is not bound by any uncontrollable circumstance and simply forgot to file on time, then USCIS can reject the request.
2. If the applicant does not meet the eligibility requirements for the benefit for which he was applying.
3. If the applicant has violated the terms of their immigration status.
4. If the applicant is facing any removal or deportation charges. 

How can File Right help you?

If you’ve just found out that your application was delayed or there was a mistake, you might still be able to fix it by filing a Nunc Pro Tunc request. This allows you to regain your original immigration status.

At Fileright, we ensure that your application is accurate and submitted on time. But if something goes wrong, whether it’s an error or a delay, we are here to guide you through the Nunc Pro Tunc process so that your legal status stays safe.