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- Overview
- Eligibility
- Dependents
- Ability to Work
- Traveling Outside the U.S.
- Frequently Asked Questions and Helpful Links
- Information on NACARA/HRIFA Provision of LIFE Act
Overview
On November 19, 1997, President William J. Clinton signed
the Nicaraguan Adjustment and Central American Relief Act (NACARA),
Pub. L. 105-100 (111 Stat. 2160, 2193). The NACARA regulations
were published as a final rule in the Federal Register on March 24, 2000, at 65 FR 15846. This rule explains how the INS (now USCIS)
implemented section
202 of NACARA by establishing procedures for certain nationals
of Nicaragua and Cuba who have been residing in the United States
to become lawful permanent residents of this country. The rule allowed certain Nicaraguans and Cubans to apply for lawful
permanent resident status without having to first apply for an
immigrant visa at a United States consulate abroad. It also waived
many of the usual requirements for this benefit. Nicaraguans and
Cubans who wished to apply for lawful permanent residence under NACARA
had until March 31, 2000 to file for adjustment of status under NACARA Section 202.
Since April 1, 2000 the opportunity to apply for lawful permanent residency under NACARA is no longer available unless the alien is eligible to file a motion to reopen his or her removal proceedings as a result of the enactment of the Legal Immigration Family Equity Act (LIFE) Amendments to section 202 of NACARA. Click here to read the latest on the USCIS' implementation of the LIFE Act.
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
Addition information related to lawful Permanent Residency that
you might need to review.
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