How safe is nunc pro tunc petitiion?

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How safe is nunc pro tunc petitiion?

I got my derivative asylum in 2009 with my wife as the primary asylee. But we got divorced before I could qualify to apply for permanent residency in 2010. Is it safe for me at this point to apply for nunc pro tunc? How likely is it that I will get turned down and get deported?

Asked on June 8, 2012 under Immigration Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A "nunc pro tunc" petition which means "now for then" in Latin is a petition in your situation seeking the hearing officer to go back in time to give you permanent residency based upon a prior effective date.

There is nothing safe or unsafe about such a petition in and of itself. The dating period is important in situations where a person wants as old of a date for an order under given circumstances.

As to the chances of you getting turned down on the petition and deported, I simply cannot answer such in that you have not given a factual basis for your requested asylum petition for this country.


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