ASISTA Practice Advisory: Nunc Pro Tunc Extensions of U or T Status on Form I-539 (May 28, 2026)

By Maria Lazzarino

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May 28, 2026

Survivors hoping to earn U- or T-based adjustment of status must generally spend 3 years in U or T status and must be in valid U or T status when they apply to adjust. If a survivor falls out of status, they may be able to regain status by means of a nunc pro tunc extension of status application. This Practice Advisory describes how to submit a nunc pro tunc I-539 extension of status application and contains an annotated sample filing from a successful case. It warns that nunc pro tunc I-539s may not be filed if removal proceedings have commenced against the survivor.

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