NACARA - Nicaraguan Adjustment and Central American Relief Act

NACARA Overview

What is NACARA?

The Nicaraguan Adjustment and Central American Relief Act of 1997 provides permanent residence opportunities for qualifying nationals of Nicaragua, Cuba, El Salvador, Guatemala, and certain other countries who meet specific physical presence requirements.

Historical Context

Enacted to provide relief for individuals from Central American countries affected by civil wars and natural disasters during the 1980s and 1990s, as well as certain Cuban nationals and former Soviet bloc refugees.

Qualifying Nationalities and Dates

Country-Specific Requirements

El Salvador - Must have been physically present since September 19, 1990
Guatemala - Must have been physically present since October 1, 1990
Nicaragua - Must have entered before December 1, 1995
Cuba - Must meet specific criteria under Section 202 provisions
Soviet Union/Russia - Certain refugees with specific timing requirements
Vietnam/Laos/Cambodia - Special provisions for certain applicants

General Eligibility Requirements

NACARA Qualification Criteria

Must be a national of qualifying country with required physical presence dates
Must be physically present in the United States on December 1, 1995
Must have continuously resided in U.S. since required date for nationality
Must be eligible for adjustment (not inadmissible under immigration law)
Must not have been convicted of aggravated felony
Must register for NACARA benefits during application periods when available

Country-Specific Provisions

Detailed National Requirements

El Salvador: Physical presence since September 19, 1990, present December 1, 1995
Guatemala: Physical presence since October 1, 1990, present December 1, 1995
Nicaragua: Entry before December 1, 1995, various registration requirements
Cuba: Section 202 provides specific criteria and exceptions
Former Soviet bloc: Refugees with particular timing and status requirements
Southeast Asia: Limited provisions for certain Vietnamese, Laotian, Cambodian nationals

Application Process

NACARA Application Steps

Eligibility Determination

Confirm nationality, physical presence dates, and continuous residence requirements. Verify no disqualifying criminal convictions or immigration violations.

Document Preparation

Gather evidence of nationality, continuous physical presence, and residence. Collect police certificates, court records, and other supporting documentation.

Form I-485 Filing

Submit Form I-485 with NACARA-specific documentation, including evidence of qualifying nationality and required physical presence dates.

Biometrics and Interview

Complete biometrics appointment and attend USCIS interview if scheduled to verify eligibility and review documentation.

Decision and Appeal Rights

Receive USCIS decision. If denied, may file appeal to Board of Immigration Appeals or motion to reopen/reconsider.

Required Evidence and Documentation

Essential Documentation

Birth certificate or passport proving qualifying nationality
Documentation of entry into United States before required date
Evidence of continuous physical presence and residence
Police certificates from all countries of residence
Court records for any arrests or criminal charges
Medical examination (Form I-693) from civil surgeon
Tax returns, employment records, school transcripts
Affidavits from witnesses with personal knowledge

Family Members and Derivatives

Family Inclusion Benefits

Spouse may be included regardless of nationality if married before NACARA application
Unmarried children under 21 may be included as derivative beneficiaries
Certain family members may qualify independently based on their own presence
Aging-out protection for children who turn 21 during lengthy processing
Special provisions for widows/widowers of qualifying applicants

Common Application Challenges

Typical NACARA Issues

Proving continuous physical presence for decades-old requirements
Obtaining documentation from countries with limited record-keeping
Establishing exact entry dates when I-94 records unavailable
Overcoming criminal inadmissibility or deportability issues
Meeting registration deadlines when they periodically become available
Navigating complex interplay with other immigration violations

Documentation Strategy

When direct documentation is unavailable, focus on secondary evidence and witness testimony. USCIS may accept combination of school records, employment history, medical records, and sworn affidavits to establish continuous presence. Pattern of evidence is crucial when individual documents are missing.

NACARA Sections Comparison

Section	Beneficiaries	Key Requirements	Current Status
Section 202	Nicaraguans, Cubans	Physical presence, registration	Available
Section 203	Salvadorans, Guatemalans	Asylum application, presence dates	Limited
Section 204	Soviet, Indochinese	Refugee status, timing	Limited
Section 309	Guatemalans, Salvadorans	Special rule asylum cases	Expired

Registration Periods and Deadlines

Historic Registration

Most NACARA registration periods have expired. However, certain provisions may still be available for qualifying applicants who can demonstrate exceptional circumstances prevented timely registration.

Current Opportunities

Limited NACARA benefits remain available for specific cases, particularly those involving family unity provisions or individuals who were under 18 during original registration periods. Consult immigration attorney for current eligibility.

Relationship to Other Immigration Benefits

Asylum Applications

NACARA provides alternative to asylum for qualifying nationals. Some provisions specifically relate to individuals with pending or denied asylum applications from specified countries.

Cancellation of Removal

NACARA may provide more favorable requirements than standard cancellation of removal, particularly for qualifying Central American nationals in removal proceedings.

TPS Interaction

NACARA permanent residence may be available to individuals who have had Temporary Protected Status (TPS) from qualifying countries, providing pathway to permanent status.

Special Considerations for Specific Groups

Nicaraguan and Cuban Nationals (Section 202)

Generally more favorable provisions with broader eligibility and fewer restrictions. These applicants typically have the strongest cases under NACARA with most benefits still available.

Salvadoran and Guatemalan Nationals (Section 203)

More restrictive requirements including prior asylum application filing. Many registration periods have expired, but family unity and exceptional circumstance provisions may still apply in limited cases.

After NACARA Approval

Permanent Resident Rights

Full green card benefits including work authorization, travel rights, and access to federal benefits programs. Same rights as other permanent residents obtained through different pathways.

Family Petitions

Can petition for immediate relatives and other family members. Priority dates and wait times depend on relationship and country of birth, following standard family-based immigration procedures.

Naturalization Eligibility

May apply for U.S. citizenship after five years as permanent resident (or three years if married to U.S. citizen), provided continuous residence, good moral character, and other naturalization requirements are met.

Additional Resources

USCIS NACARA Information

Official USCIS guidance on NACARA benefits and application procedures

Visit USCIS

Immigration Court NACARA Guidelines

DOJ guidance on NACARA cases in immigration court proceedings

View DOJ Guidelines