What happens when a small mistake from years ago keeps someone from getting the protection they should have received all along?
Our client, a young man from Mauritania, entered the United States in 2014 as the dependent of his father’s asylum case. But there was one major problem—his father had already become a naturalized U.S. citizen in 2011. That meant our client was no longer eligible to derive asylum through him. Unfortunately, the attorneys who handled his case at the time continued to file asylum and adjustment applications that didn’t address this issue or explain his true eligibility.
Discovering the Real Issue
When our client came to McBean Law in April 2025 after his green card (I-485) was denied, he was understandably confused and frustrated. We took a deep dive into his immigration history, reviewing every filing and decision.
After carefully analyzing the facts, we discovered that the right path forward was a nunc pro tunc asylum request. This special process allows USCIS to correct an old record and retroactively grant asylum to someone who should have been eligible as a derivative years ago but was missed due to timing or age.
Understanding Nunc Pro Tunc Asylum
A nunc pro tunc asylum request—Latin for “now for then”—is used when someone missed out on being granted asylum as a dependent because of circumstances outside their control, such as a parent becoming a U.S. citizen before their child could derive status. It essentially allows the government to fix the record and recognize that the person should have been granted asylum in the past.
Building the Case the Right Way
To support this argument, our team advised filing FOIA requests for both his and his father’s records to establish the full history of his eligibility. Once the Chicago Asylum Office scheduled his interview for October 1, 2025, our attorney spent significant time preparing him—reviewing his personal history, past filings, and how to explain the complex situation clearly.
During the interview, our attorney presented the case as a nunc pro tunc asylum matter and demonstrated that our client would have been approved long ago if the earlier lawyers had handled the filings correctly. The asylum officer acknowledged the confusing record and agreed that a nunc pro tunc grant was the appropriate remedy.
The Result
Although a temporary government shutdown delayed the decision mailing, our client received his official asylum approval notice on October 8, 2025. With this approval, he now qualifies to apply for lawful permanent residence and move forward toward a secure future in the United States!
Why Experienced Legal Help Matters
This case highlights the importance of having an experienced immigration attorney who knows how to identify complex eligibility problems, analyze years of records, and effectively advocate before USCIS. Without the right legal strategy, our client could have remained stuck in limbo indefinitely.
At McBean Law, we take pride in uncovering the details that make all the difference. Every case is unique, and our mission is to help clients get the fair outcome they deserve.
If you or someone you love is facing complications with a past asylum or green card filing, call (914) 898-9488 to schedule a private consultation.
P.S. Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.
