Client Approved for Asylum After We Corrected a Decade of Errors

What happens when a small mistake from years ago keeps someone from getting the protection they should have received all along?

His Story

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.

How We Helped

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 circumstances outside their control.

To support this argument, our team advised filing Freedom of Information Act (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 Outcome

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!

Contact McBean Law for Immigration Relief

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. With a focus on personalized support and a proven track record of success, our experienced team of immigration attorneys is here to help you achieve your dreams of a brighter future in the United States.

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Every case is different. Prior results do not guarantee similar outcomes. Always consult with a licensed immigration attorney about your specific situation.