Permanent Resident Status Under The Nicaraguan Adjustment And Central American Relief Act
At Wilson Law Group in Minneapolis, our immigration lawyers have been helping immigrants obtain permanent resident status, also called a green card, since 2003. This includes helping immigrants through NACARA, or the Nicaraguan Adjustment and Central American Relief Act. Our lawyers also aggressively defend foreigners who are facing deportation and removal proceedings.
What Is NACARA?
NACARA is a program which grants permanent resident status to certain nationals of El Salvador, Guatemala, and countries of the former Soviet bloc. NACARA no longer offers benefits to nationals of Nicaragua because the time limit for applicants from Nicaragua has since expired. Certain family members of NACARA applicants are eligible to apply for permanent resident status based on their relationship to the principal applicant.
NACARA Requirements For Guatemalans, Nationals Of El Salvador And Former Soviet Bloc Countries
Nationals of Guatemala must meet these basic requirements to be eligible for NACARA:
- They entered the U.S. on or before October 1, 1990
- They registered for ABC benefits or applied for either asylum or temporary protected status (TPS) on or before December 31, 1991
- They were not apprehended upon entry to the U.S.
ABC benefits were the result of a settlement agreement which was reached when the government was sued over its processing of Central American asylum applications. ABC registration was carried out by filing a specific ABC registration form or by filing for asylum or TPS within the necessary deadlines.
Nationals of El Salvador must meet the following basic requirements to be eligible for NACARA:
- They entered the U.S. on or before September 19, 1990
- They registered for ABC benefits or applied for either asylum or temporary protected status (TPS) on or before October 31, 1991
- They were not apprehended upon entry to the U.S.
Nationals of former Soviet bloc countries must meet these basic eligibility requirements for NACARA:
- They entered the U.S. on or before December 31, 1990
- They applied for asylum before December 31, 1991
The former Soviet bloc-eligible countries include Russia, republics of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, or Yugoslavia.
Additional Eligibility Factors For NACARA
To be eligible for approval, NACARA applicants must also demonstrate the following:
- They have maintained continuous physical presence in the U.S. for seven years
- They are a person of good moral character
- Returning to their home country would result in extreme hardship to themselves or their spouse, parent or child who is a lawful permanent resident (LPR) or U.S. citizen (USC)
- They merit a favorable exercise of discretion
- They have not been convicted of certain inadmissible or removable crimes
Any absences from the U.S. must be considered to be “brief, casual and innocent” in order to not break continuous physical presence.
Can A NACARA Applicant Leave The U.S. During The 7-Year Period Of Continuous Physical Presence?
Generally, a single absence of 90 days or less and aggregate absences of 180 days or less do not break the continuous physical presence requirement. Departures pursuant to a removal order, under voluntary departure, or for the purposes of committing an unlawful act will break continuous physical presence.
What If An Applicant Has Been Convicted Of An Inadmissible Or Deportable Crime?
Applicants with inadmissible or deportable criminal convictions can still apply for NACARA, but they will be subject to heightened eligibility standards. They must demonstrate a continuous physical presence in the U.S. for 10 years after the commission of the crime in question. They must also demonstrate exceptional and extremely unusual hardship to themselves, or their LPR or U.S. citizen spouse, parent or child.
Are Family Members Of NACARA Applicants Eligible For Benefits?
Yes. Spouses and children (unmarried and under 21 years old) of NACARA applicants are eligible to apply for permanent residence through the principal applicant. To qualify, the relationship between the principal applicant and their dependent must have existed at the time the principal was approved for NACARA.
Unmarried children over 21 years of age can also apply for NACARA through their eligible parent if the child entered the U.S. on or before October 1, 1991, and the parent/child relationship existed at the time the parent was granted NACARA.
Contact Us For A Free Consultation With Our Immigration Lawyers
At Wilson Law Group, we offer a free consultation appointment. We encourage you to contact our office to consult with one of our experienced immigration attorneys about your particular situation to determine if you are eligible for NACARA. You can schedule your free appointment by calling us at 612-430-8022 or by sending us an email.
