Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA)

♦  Initially enacted to make certain nationals of Cuba and Nicaragua eligible for adjustment of status.

♦  Amended in 1999 to offer certain beneficiaries, who had asylum applications pending with the legacy Immigration & Naturalization Service (INS, now Citizenship & Immigration Services, CIS) and their qualified dependents, the option of applying for suspension of deportation or special rule cancellation of removal under the statutory requirements set forth in NACARA.

♦  Amendment applies to qualified applicants from Guatemala and El Salvador, as well as many former Soviet Bloc countries.

♦  This amendment allows qualified applicants to take advantage of the more liberal requirements of suspension of deportation, rather than the more stringent cancellation of removal rules.

♦  In order to benefit from these provisions, the applicant must be a member of the class of applicants defined by the case American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (ND Cal. 1991). The case is also known as ABC. Applicants may not qualify for benefits if not properly registered.

♦  Requirements for suspension of deportation:
Must illustrate seven years of continuous physical presence;
Must illustrate good moral character; and,
Must establish that extreme hardship would result from removal from the United States, including to applicant as well as qualifying family members. For many eligible NACARA applicants, hardship will be presumed.

♦  Requirements for NACARA eligibility. In order to benefit from these provisions, the following rules apply:

Required date of entry:
–Citizens or nationals of Guatemala: on or before October 1, 1990;
–Citizens or nationals of El Salvador: on or before September 19, 1990;
–Citizens or nationals of Guatemala or El Salvador who had applications for asylum filed before April 1, 1990: April 1, 1990.

Must have registered for ABC benefits on or by:
–Citizens or nationals of Guatemala: on or before December 31, 1991;
–Citizens or nationals of El Salvador: on or before October 31, 1991. Note: citizens or nationals of El Salvador may also have registered their class status through the filing of an application for Temporary Protected Status (TPS).
–Citizens or nationals of Guatemala or El Salvador: must have filed an application for asylum with the Department of Justice, now the Department of Homeland Security, by April 1, 1990.

♦  Often spouses and unmarried minor children of qualified applicants are eligible for benefits without meeting most eligibility requirements. Sons and daughters over the age of 21 when the principal applicant is granted may still be eligible if they entered the United States before October 1, 1990.

♦  ABC class members who did not file for asylum before the specified date may still be eligible to apply for NACARA benefits in certain circumstances.

♦  No benefits are available to individuals who entered the United States after December 19, 1990 and who were apprehended at the time of entry.

For more information on NACARA eligibility, requirements, and procedures, please contact our office to set up an appointment with one of our immigration attorneys.