May 31, 2024

Nunc Pro Tunc Immigration Amendments

Nunc Pro Tunc (Now for Then) immigration amendments are used to fix immigration document mistakes and change an order or decision with a retroactive effect. USCIS has the power to treat an application or request and make it effective to that of an earlier date of when the application was first filed or approved.

Reasons to File a Nunc Pro Tunc Amendment

Late Filings – If a deadline was missed to apply due to reasons that were beyond an applicant’s control, they may submit a request to have it considered as if it were filed on time.
Application Errors or Omissions – If an application was filed with errors or information was accidentally omitted and not included in the initial application you may request for that application to be corrected and amended.
Retroactive Approvals – In certain cases, applicants may have met the eligibility requirements before submitting their applications.  A request can be made to have the benefits approved to that of an earlier date when the applicant was eligible.

Examples

An example of when you would request a Nunc Pro Tunc amendment would be if you accidentally omitted information on a U-Visa application. Let’s say you marked “NO” on the question where it asks if you helped anyone enter the USA unlawfully when you should’ve marked “YES” as you brought your child unlawfully into the country with you. Alien smuggling would be an inadmissibility that needs to be waived before you can apply for Adjustment of Status. The amendment would explain the mistake made on the original application with the information that was omitted and what inadmissibility you request to be waived.

Eligibility Criteria

To apply for a Nunc Pro Tunc amendment an applicant must show they were eligible at the time the application was filed or approved. They must demonstrate that the request for a correction is necessary.

• You may apply for a Nunc Pro Tunc amendment if the delay was due to extraordinary circumstances that were beyond the control of the applicant.
• The applicant has not violated the terms of their status.
• The applicant remains in a bona fide status and is not subject to deportation proceedings under section 242 of the INA Act.

How to File a Request

1. Gather relevant evidence. Include copies of previously submitted forms, government notices, and other applicable documents.
2. Write a letter fully explaining the request and error or omission in the forms and documents and how it’s affected you. Include the specific part that needs to be corrected and include the date it should take effect.
3. Submit your application to USCIS.

These types of requests are reviewed on a case-by-case basis. Many factors are taken into consideration by USCIS such as reasons for why it was delayed and the circumstances around it. If you feel like your situation may apply for a Nunc Pro Tunc Amendment, seek guidance from an experienced attorney who can review your situation and determine whether you can apply.

If you are interested in applying for a Nunc Pro Tunc Amendment and would like more information, Attorney Diana Bailey of Portland and Beaverton has over 25 years of immigration law experience.  Please call our office for a free telephone consultation at 503-224-0950.