I-94 has expired for more than one year; NPT extension request approved retroactively; the client avoided losing legal status.

We want to share a successful case of a NUNC PRO TUNC (NPT) extension request application. The client held an L-2 visa and entered the United States with her mother, who had an L-1 visa. The client's L-2 status was valid until 2019. Before the client's mother's valid L-1 status expired, she submitted an L-1 extension application and mistakenly believed that if the L-1 extension was approved, the client's L-2 status would also be extended. Therefore, she did not file an extension request for the client at the same time. This was not discovered until the client's L-2 status expired for about one year. We believe that the client can apply for an NPT extension, requesting the USCIS approve the extension with an exception and retroactively.  

After several months of waiting, the USCIS finally approved the client's application, allowing the client to avoid the dilemma of losing her legal status.  

A Nunc Pro Tunc approval means that even though the application may have been filed after the expiration of the I-94, and there was a technical break in the status, the approval will excuse the late filing and seamlessly connect the dates. So, there is no break in the status.
Requirements for a successful Nunc Pro Tunc Application?
Even if an applicant needs to file an extension or change of status after the I-94 has expired, it can be approved by Nunc Pro Tunc to avoid the break in status in limited circumstances, if the applicant can show that:
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1. The late filing was due to extraordinary circumstances;
2. The extraordinary circumstances were beyond the applicant’s control;
3. The delay in filing was is reasonable, and the delay makes sense in light of what happened;
4. The applicant is a bona fide Non-Immigrant;
5. The applicant has not otherwise violated his/her visa status; AND
6. The applicant is NOT in removal proceedings

If the applicant can prove all of the above to the satisfaction of USCIS, then the application will be granted with a Nunc Pro Tunc status reinstatement back to the date of expiration of the I-94. Whether it is possible to get an NPT extension request depends on the case. If you encounter similar problems, please feel free to contact the Law Offices of Sabrina Li, P.C.