Problem:

Client was in the U.S. in L-1A status. Client’s dependent spouse and children last entered on L-2 status. The firm that oversaw the family’s immigration cases failed to timely file an extension of status for the spouse. In fact, the spouse had been out of status for nearly a year. This firm advised client that despite the risks, the spouse had to leave the U.S. and come back with a new visa.

Solution:

Client sought the counsel at our firm to see if there were other options. We advised client that we can file for the extension of status applications requesting a Nunc Pro Tunc review. After carefully analyzing how the facts of this case supported the required elements of a Nunc Pro Tunc filing, we submitted the applications to USCIS. 

Outcome:

We received the back-dated approval notices 4 months after filing. The client’s wife has documents to evidence that she maintained her status during the entire duration of her stay in the U.S.