The enactment of the LIFE Act Amendments on December 21, 2000, removed certain barriers to adjustment under NACARA 202. To take advantage of these amendments, the legislation affords nationals of Nicaragua and Cuba who were made eligible for NACARA adjustment by the LIFE Act Amendments a limited opportunity to reopen their proceedings to apply for such adjustment or seek reconsideration of a previously denied NACARA adjustment application. All motions to reopen must be filed on or before June 19, 2001. The motion to reopen must be filed with whichever entity has jurisdiction or made the last decision in the alien's case, either the local USCIS office, the Texas Service Center, the Immigration Court, or the Board of Immigration Appeals.

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Eligibility

To be eligible for benefits under section 202 of NACARA, you must:

• Be a national of Nicaragua or Cuba
• Have been physically present in the U.S. continuously, since December 1, 1995 (absences totaling 180 days or less allowed)
• Be admissible to the U.S. under all provisions of the Immigration and Nationality Act (the Act), except these specifically exempted by NACARA
  • 212(a)(4) -- public charge
  • 212(a)(5) -- lack of labor certification
  • 212(a)(6)(A) -- present without admission or parole
  • 212(a)(7)(A) -- lack of valid immigrant visa
  • 212(a)(9)(B) -- unlawful presence
• Apply before April 1, 2000

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Dependents

Dependents (spouse, minor child, unmarried son or daughter 21 years of age or older) of a Cuban or Nicaraguan are eligible to apply for lawful permanent residency if they too are a national of Nicaragua or Cuba and are admissible to the United States under all provisions not excepted by NACARA. A spouse or child may apply regardless of their date of entry into the United States, as long as they are physically present in the United States at the time of filing. An unmarried son or daughter age 21 or older must have resided in the United States continuously since December 1, 1995. All dependents must apply before April 1, 2000.

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Ability to work while in the process of obtaining lawful permanent residency

Nicaraguans or Cubans who wish to work while waiting 'for a USCIS decision on their adjustment of status application must file Form I-765, Application for Employment Authorization. For more information on this application click here to find out How Do I Get A Work Permit. The USCIS is not required to grant initial employment authorization until the application has been pending for 180 days. However, the USCIS may grant such authorization in less than 180 days in cases where USCIS records contain evidence that the applicant meets certain requirements for NACARA eligibility.

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Traveling outside the US while in the process of obtaining lawful permanent residency

Nicaraguans or Cubans who wish to travel outside of the United States before a decision is made on their adjustment of status application should provide the USCIS with advance notice of their travel plans in order to ensure permission to re-enter the country and avoid the possibility of having their application terminated and denied. Applicants who plan to leave the United States must file Form I-131, Application for Travel Document. If you qualify, you will receive a Form I-512, Advance Authorization for Parole, from the USCIS, which gives you the right to travel. Any absences from the United States without a Form I-512 issued prior to departure counts toward the 180-day aggregate time period that the applicant is allowed to be outside the country. To find out more about traveling outside the United states while in the process of obtaining lawful permanent residency, click here How Do I Get a Travel Document.

Nicaraguans or Cubans seeking a benefit under NACARA and who are under a final order of exclusion, deportation or removal, leave the country at their own risk, even if they have obtained Form I-512, Advance Authorization for Parole, prior to departure. Nicaraguans or Cubans facing such an order who depart the United States render themselves ineligible for lawful permanent residency unless they first apply for and are granted permission to reapply for admission to the United States. Nicaraguans or Cubans needing such permission must file Form I-212, Application for Permission to Reapply for Admission into the United States, and should do so before their departure.

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Frequently Asked Questions and Helpful Links

• How Do I Apply for Benefits under NACARA 202 (Final Rule) 3/21/00
  
• How Do I Apply for Benefits under NACARA 203 (Interim Rule) 5/20/99

Addition information related to lawful Permanent Residency that you might need to review.

• I want to review the regulations implementing Section 202 of the Nicaraguan Adjustment and Central American Relief Act (NACARA)
  
• I want to review Section 202 of the Nicaraguan Adjustment and Central American Relief Act (NACARA)
  
• I want to work while my application for lawful permanent residency is pending
  
• I need to travel while my application for lawful permanent residency is pending
  
• I need to replace my permanent residence card
  
• Fingerprint procedures for applicants
  
• Forms & Fees