The Nicaraguan Adjustment and Central American Relief Act (NACARA) was passed in 1997 and allows certain Salvadorans, Guatemalans, and Nicaraguans who fled violence from their home country in the 1980’s and who filed for asylum to remain in the United States. To be eligible to apply for NACARA 203 relief, you must be one of the following:
- A Guatemalan who first entered the United States on or before October 1, 1990; registered for ABC benefits on or before December 31, 1991; applied to asylum before January 3, 1995; and was not apprehended at the time of entry after December 19, 1990.
- A Salvadoran who first entered the United States on or before September 19, 1990, registered for ABC benefits on or before October 31, 1991(directly or by applying for TPS); applied for asylum on or before February 16, 1996; and was not apprehended at time of entry after December 19, 1990.
- A Guatemalan or Salvadoran who filed an application for asylum on or before April 1, 1990 and has not received a final decision on your asylum application;
- An individual who entered the United States on or before December 31, 1990; applied for asylum on or before December 31, 1991; and at the time of filling the application was from one of the former Soviet bloc countries ( Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Lithuania, Estonia, Albania, Bulgaria, Czechoslovakia, East Germany, Hungary, Poland, Romania, Yugoslavia, or any state of the former Yugoslavia).
- You must not have been convicted of an aggravated felony to qualify for NACARA 203
Suspension of Deportation or Special Rule Cancellation of Removal
After determining that a person meets one of the requirements listed above for NACARA 203, you must also show:
- 7 years of continuous physical presence in the United States;
- Good moral character during those seven years;
- That you aren’t removable under certain criminal grounds;
- That your deportation or removal will result in extreme hardship to you, to your spouse, child or parent who is a U.S. citizen or permanent resident; and
- That you deserve the benefit.
If you believe you are eligible under the NACARA program, contact our office for a consultation.