NO LEGAL STATUS TO LEGAL STATUS – USE NUNC PRO TUNC

Several years ago, I had a client who was a dependent E-2 spouse who had moved to the States with her spouse to run a business in the US. My client and her three children they were all in E-2S status. Her spouse was the main E-2 applicant, and they had been living in the United States for several years; he ran a successful restaurant, and they employed 8 people.
Tragically, my client’s spouse died suddenly from a heart attack, and my client and her three children no longer had legal status in the United States because they were the dependent spouse and children of the main E-2 applicant, who had now passed away; they lost their legal status.
Due to dealing with the tragic death of her husband and all the other issues that ensued as a result of this tragedy, it was at least one year before my client contacted me, stating that she had no legal status, that schools were asking for documentation for her children, and she didn’t know what to do. Because her story, I believed, was so extenuating and so tragic, I felt she was a very good candidate for filing a NUNC Pro TUNC and reviewing her background the impact of her spouse’s death was heart wrenching with innocent kids etc.
She was eligible for an O-1 visa as she had a past career in makeup. So, we filed the NUNC Pro TUNC application requesting that their status be reinstated to that of O-1.
USCIS approved her O-1 and nunc pro tunc case. This meant my client and her three children (all under 21 years) were put back into legal status. Their unlawful status was forgiven; that is the point of filing a Nunc pro tunc case if you have extenuating circumstances to argue it as it is not a life to be in the States without legal status.
We were then able to later file for her green card under EB-1 classification because of her extraordinary ability under the O-1, and my client and her three children, after several years, all received their green cards.
NUNC Pro TUNC is a very valuable Petition to file. If you find yourself in the United States, for whatever reason, you no longer have legal status. There are other options besides remaining inside the United States unlawfully, under the shadows, not being able to work or live properly etc.
It’s also very important to consider if you are inside the United States unlawfully and are considering departing because you may trigger the three or ten-year bar once you depart the United States.
Don’t just give up and assume you have no legal recourse.