Often we have clients come to us to see if we can fix their case. In this instance, with the client’s full understanding and consent, we took a little risk and it paid off! A couple had been in U visa status for two years and their prior lawyer filed an application to adjust their status to permanent residence when they were not yet eligible. The case remained pending for almost two years. During that time, their U visa status expired and they had not filed for an extension of their status. The result: their case was denied because it should not have been filed when it was, and their U visa status was expired and they were now out of status and undocumented! This was a nightmare, as they had waited over 6 years to even get their U visa. Other lawyers told them they “would have to start over” or “there is nothing you can do.” Good thing they came to us!
Together we decided to file request to USCIS to put the couple back into U visa status and extend their status despite it being late, under the legal concept “nunc pro tunc.” This is an old legal concept born out of English common law, that allows a Court to put a person back into the position they would have been but for the prior lawyer error to prevent injustice. I made that exact case to USCIS and went out on a limb to see if USCIS would rectify this couple’s U visa status by proving the incompetency of their prior lawyer, and how they themselves were not at fault at all. And wouldn’t you know, it worked! USCIS put them back into U visa status and extended it for another four years. We were then able to properly file their applications for permanent residence correctly, and this month they became the two newest US permanent residents! So happy for you Mr. and Mrs. M! Congratulations!
At North County Immigration, we are dedicated to helping individuals and families overcome even the most complex immigration challenges. From navigating the green card process to securing a fiancé visa or defending against removal, our experienced team is here to guide you every step of the way.
If you or a loved one needs immigration assistance, don’t wait. Contact us today to schedule a consultation and take the first step toward a secure future in the United States.