Lawyers for Residency Through the NACARA Law
The NACARA law is a federal law that was approved by the United States Congress in 1997. This law benefits certain immigrants from Cuba, Nicaragua, El Salvador, Guatemala, and countries of the former Soviet Union. Under this law, immigrants of these nationalities may obtain certain immigration benefits and avoid deportation.
This law establishes that citizens of these nationalities may obtain permanent residency under the condition that, after their asylum application, they have remained in the country for at least 5 years since December 1, 1995.
Under this law, two important points must be considered. The first is that people from Nicaragua and Cuba can no longer apply for this immigration benefit, as it has not covered them since March 2000 according to section 202 of NACARA. However, for people from El Salvador and Guatemala there is no limit according to section 203 of the NACARA law. The second point concerns those American citizens of Cuban or Nicaraguan origin who may request permanent residency for close relatives such as a spouse and children under 21 years of age.
Who Qualifies for NACARA?
In the case of Guatemalans, those asylum applicants benefit who:
- Entered the country for the first time on or before October 1, 1990 and also requested to receive the ABC benefit before December 31, 1991 through a registration form submitted to the former INS, which is now known as USCIS.
- Likewise, those who applied for asylum using Form I-589 between December 19, 1990 and December 31, 1991 and were not detained at the time of entering the United States after December 19, 1990.
- Those Guatemalans who submitted their asylum application before April 1, 1990.
In the case of Salvadorans, those who benefit are:
- Those who entered the United States for the first time before September 19, 1990 and requested TPS, which refers to Temporary Protected Status, or the ABC application before the former INS before December 31, 1991.
- Likewise, those who were not detained when entering the United States before December 19, 1990 and who submitted an asylum application through Form I-589 between December 19, 1990 and December 31, 1991.
NACARA for Countries of the Former Soviet Union
This applies to foreigners from countries of the former Soviet Union who entered the United States before December 31, 1990 and who also applied for asylum before December 31, 1991. The countries of the former Soviet Union that may benefit from this immigration benefit are:
- Russia
- Poland
- Albania
- Czechoslovakia
- East Germany
- Estonia
- Latvia
- Lithuania
- Hungary
- Bulgaria
- Romania
- Yugoslavia or any of its former states
- The Soviet Union or any of its republics
NACARA for Spouse, Son, or Unmarried Daughter
Spouses, sons, or daughters of relatives from the previously mentioned nationalities may be part of the NACARA program if they meet the requirements of section 203 of the NACARA law. These benefits may also be received by children over 21 years of age who entered the country before October 1, 1990.
Requirements to Apply for the NACARA Law
To apply for NACARA, it is recommended that the person have an experienced attorney in these processes so that they know the best way to apply for the benefits of the NACARA law without fear of making mistakes during the process.
Currently, there are still Central American immigrants who have Temporary Protected Status who could be beneficiaries of NACARA but do not know it due to the lack of legal assistance. To request NACARA, certain requirements must be met, which are:
- Complete Form I-881 and submit it signed along with the required supporting documents. All originals with copies.
- Provide evidence of having lived in the United States for more than 7 continuous years without leaving the country for more than 90 days on each departure.
- Attend the biometric appointment.
- Attend the interview with USCIS.
Documents That Must Be Submitted with the Application
- 4 current passport-style photos
- Money order for $215
- Payment of the fee for each family member, which will not exceed $430
- Money order for $25 for each family member for fingerprint processing
- Birth certificate of the principal applicant, spouse, and children
- If applicable, proof of cohabitation of the spouse with the children
- Marriage certificate if the person is married
- Copy of Social Security
- Certificate or proof of employment obtained in 1990 and 1992 with a copy of the most recent work permit
- Two personal recommendation letters from U.S. citizens or permanent residents who can testify that the person has good moral character
- Provide the place and date of entry into the United States
- Police records from all states where the person lived for more than six months
- All addresses where the person has lived since entering the United States
- A list of each job with details such as company name and time worked at each company since arriving in the United States
- If the applicant wishes to request a work permit, they must complete and submit Form I-765 and pay $100 with two additional photographs.
What Happens Once the Entire Process Has Been Completed?
After the person has completed the entire process and submitted the application for the NACARA benefit, the USCIS office sends a notification by mail for an appointment at the Application Support Center for the biometric appointment where fingerprints will be taken. After that appointment, the case is referred to the Federal Bureau of Investigation (FBI) to conduct a background check. After this, the applicant will receive a notification by mail to appear for an interview with the asylum officer.