NACARA

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NACARA

The Nicaraguan Adjustment and Central American Relief Act (NACARA) is designed to help refugees from Nicaragua, Guatemala, El Salvador, Cuba, and countries from the former Soviet bloc who have come to the United States claiming asylum.

NACARA members can become residents and apply for a lawful permanent status. They can do this via Suspension of Deportation, which requires an applicant to have lived in the U.S. lawfully for 7 years.

They also have to prove that, if they were to be removed from the U.S., they could be put in extreme hardship. Applicants must also show they are of good character.

There are two major sections of NACARA.

Section 202

202 applies to the change of status for people from

Nicaragua

Cuba

Any former residents of these countries, along with their dependents, must have been in the U.S. since December 1, 1995 to qualify.

Forms

Form I-485 (Permanent Residence or Adjust Status)
Form I-912 (if you cannot afford fees)

Fees

Under 14 w/parent – $635
Under 14 w/o parent – $985
14-78 – $1070
79+ – $985

Section 203

What do I need for my 203 application?

These are the ways to get NACARA for residents from:

Guatemala

Failure for apprehension by INS or USCIS after December 19, 1990
Entered the U.S. on or prior to October 1, 1990 as an ABC class member*
Filed for ABC Benefits prior to or on December 31, 1991
Filed for asylum prior to or on January 3, 1995
Filed for asylum prior to or on April 1, 1990 and has not received a ruling

El Salvador

Failure for apprehension by INS or USCIS after December 19, 1990
Entered the U.S. prior to or on September 19, 1990 as an ABC class member*
Filed for ABC Benefits prior to or on October 31, 1991 (either as Temporary Protected Status or a direct filing)
Filed for asylum prior to or on February 16, 1996
Filed for asylum prior to or on April 1, 1990 and has not received a ruling

Former Soviet Bloc Countries

Entered the U.S. prior to or on December 31, 1990
Filed for asylum prior to or on December 31, 1991

All applicants must not have any felonies on their record.

Any family members that qualify for any of the programs above can also get NACARA 203.

If you have been persecuted by a resident from one of the above countries, talk with an immigration attorney. You could qualify for benefits under NACARA 203.

Forms

Form I-881 (Suspension of Deportation or Cancellation of Removal)
Form I-912 (if you cannot afford fees)

Fees

Single w/o immigration court – $285
Family w/o immigration court – $570
W/ immigration court – $165
Possible biometric fee – $85

*What are ABC Benefits?

In 1985, the American Baptist Church fought for the rights of Nicaraguans and Salvadorans to receive asylum. They claimed that these people were receiving unfair treatment from the U.S. immigration service.

The ABC was able to successfully argue their case. Now, all eligible Nicaraguans and Salvadorans have the right to stay in the U.S. until they have received the benefits of the settlement.

These benefits are:

Asylum interview
Employment authorization
Detention restrictions under certain benefits

What if I am going to be removed from the U.S. before my 203 gets accepted?

Talk with an immigration attorney to file a late motion to reopen. This motion, along with the proper representation, can help you find out if you qualify for NACARA 203.

If you qualify, you must also show:

You have lived in the U.S. for 7 continuous years
You have shown 7 years of good moral character
You cannot be removed for any criminal activity
Your removal would cause extreme hardship to you or a family member

If you show all these, you can get a special rule cancellation. The special rule allows you to stay in the U.S. under NACARA benefits.

Have more questions?

The San Antonio Law Office of Salmon-Haas can help. They have dealt with hundreds of immigration cases, including those that involve NACARA. If you have any problems, questions, and concerns, contact them for a free consultation.