Nicaraguan Adjustment and Central American Relief Act (NACARA)

Under NACARA, certain individuals and their dependants are potentially eligible to apply for suspension/cancellation of removal based on the more generous suspension of deportation standards that were in place before 1997 and obtain a green card, provided that they have not been convicted of an aggravated felony. The standard is as follow:

Salvadoran nationals: (1) who first entered the United States on or before September 19, 1990, and registered for benefits under the ABC settlement agreement on or before October 31, 1991, unless apprehended at the time of entry after December 19, 1990, or (2) who filed an application for asylum with the INS on or before April 1, 1990.

Guatemalan nationals: (1) who first entered the United States on or before October 1, 1990, and registered for ABC benefits on or before December 31, 1991, unless apprehended at the time of entry after December 19, 1990, or (2) who filed an application for asylum with the INS on or before April 1, 1990

If the person is in one of the categories described above, he or she is eligible for the presumption of extreme hardship. All Salvadorans and Guatemalans who are eligible for NACARA as principals are presumed to have established the requisite extreme hardship requirement because the regulations specifically provide the presumption to both groups of NACARA principals from those countries.

The applicant must meet the following additional requirements in order to qualify for these benefits: (1) Maintain continuous presence in the United States for seven years, (2) Possess good moral character, (3) Demonstrate that returning to the country of origin would result in extreme hardship to the applicant or to the applicant’s child, spouse, or parent who is a U.S. citizen or lawful permanent resident (LPR) and (4) Merit a favorable exercise of discretion.