NACARA

The Nicaraguan Adjustment and Central American Relief Act (NACARA) was signed in 1997. Under NACARA, there are two distinct forms of relief:

• Section 202 of NACARA allows eligible Nicaraguans and Cubans to apply for adjustment of status to that of lawful permanent resident.
• Section 203 of NACARA allows for eligible Salvadorans, Guatemalans and nationals of the former Soviet bloc to apply for relief from deportation.

Eligibility: Cubans and Nicaraguans

NACARA is very generous to nationals of Cuba and Nicaragua. Any Cuban or Nicaraguan who was present in the United States as of December 1, 1995 is eligible to adjust status as long as s/he applies before the deadline and is otherwise eligible to receive a visa. The deadline to apply passed on April 1, 2000. Spouses, children, and unmarried sons or daughters may also apply under a parent.

Eligibility: Salvadorans and Guatemalans

If you have not been convicted of an aggravated felony and you are described in one of the following four categories, you are eligible to apply for NACARA.

1. A Salvadoran national who:
   • first entered the US on or before 19 September 1990; and
   • registered for benefits under the ABC settlement on or before 31 October 1991 (either by submitting an ABC registration form or by applying for TPS -Temporary Protected Status); and
   • has not been apprehended at the time of entry after 19 December 1990
   
   
2. A Guatemalan national who:
   • first entered the US on or before 1 October 1990; and
   • registered for benefits under the ABC settlement agreement on or before 31 December 1991; and
   • has not been apprehended at the time of entry after 19 December 1990
   
   
3. A Guatemalan or Salvadoran national who filed an Application for Asylum on or before 1 April 1990.
   
   
4. The spouse, child, unmarried son, or unmarried daughter of an individual described above, who meets the following condition(s):
   • The relationship to the primary applicant must exist at the time the primary applicant is granted the benefit
   • Unmarried sons and unmarried daughters at least 21 years of age at the time the parent is granted the benefit must have entered the US on or before 1 October 1990

WARNING: If the BCIS does not grant the primary applicant’s NACARA application and you appear to be inadmissible or deportable, the BCIS will refer your application to the Immigration Court to be decided in removal proceedings.

Please note that if you have a prior order of deportation you will not be eligible for the benefit unless you have a matter to reopen that has been granted by the court.

Generally, a person eligible to apply for Section 203 relief must establish seven years of continuous physical presence in the United States, that s/he has been a person of good moral character during that time, and that either the applicant or the applicant’s lawful permanent resident or United States citizen spouse, child, or parent will experience extreme hardship* if the applicant is forced to return to their native country.

If dependents are not ABC class members, they are not entitled to the presumption of extreme hardship. They must submit documentation with their NACARA application to prove extreme hardship. The BCIS will determine extreme hardship on a case-by-case basis.

The NACARA application is detailed and lengthy. The application should be supported by exhibits to show your continuous physical presence in the US, evidence of your good moral character, and an initial showing of hardship if you are deported. The application can be supplemented at the time of the interview.

Once the application is filed, the BCIS will send a fingerprint notice. Next, the BCIS will schedule an interview at the regional asylum office that has jurisdiction over your area. It may take up to three years for an interview to be scheduled.

NACARA cases are very document-intensive and require thorough preparation, especially if there is more than one applicant. For this reason, we recommend that you contact us to discuss your case with one of our attorneys.