For those who fell out of status, nunc pro tunc relief can
potentially be the way to gain back the status. Immigration laws are very
strict. If the application for extension of status or change of status is filed
even one (1) day after the expiration date of status, the extension or change
of status application is denied by the USCIS. However, nunc pro tunc relief
grants relief to those whose extension or change of status applications were
denied because they were filed late or incorrectly. In order to succeed on nunc
pro tunc, one must need to show that the extension or change of status
application was submitted late because of “extraordinary circumstances beyond
control of the applicant.” Ineffective
assistance of counsel, misrepresentation by fraudulent immigration brokers are
some of the examples that may qualify for “extraordinary circumstances beyond
control of the applicant.
potentially be the way to gain back the status. Immigration laws are very
strict. If the application for extension of status or change of status is filed
even one (1) day after the expiration date of status, the extension or change
of status application is denied by the USCIS. However, nunc pro tunc relief
grants relief to those whose extension or change of status applications were
denied because they were filed late or incorrectly. In order to succeed on nunc
pro tunc, one must need to show that the extension or change of status
application was submitted late because of “extraordinary circumstances beyond
control of the applicant.” Ineffective
assistance of counsel, misrepresentation by fraudulent immigration brokers are
some of the examples that may qualify for “extraordinary circumstances beyond
control of the applicant.
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