NACARA Benefits for Central American Immigrants

NACARA: Special Immigration Benefits for Central American Immigrants

The Nicaraguan Adjustment and Central American Relief Act (NACARA) provides critical immigration relief for certain nationals of Nicaragua, Cuba, El Salvador, Guatemala, and certain Eastern Bloc countries who have been in the United States for extended periods. Enacted on November 19, 1997, NACARA created multiple forms of relief that continue to affect immigration cases today. For the large Central American communities in the Atlanta metropolitan area and throughout Georgia, understanding NACARA eligibility can make the difference between deportation and lawful permanent residency.

NACARA's Three Sections of Relief

NACARA is divided into three distinct sections, each providing different forms of relief to different populations:

Section 202: Adjustment for Nicaraguans and Cubans

NACARA Section 202 (Pub. L. 105-100, 111 Stat. 2193) allows certain Nicaraguan and Cuban nationals to adjust their status to lawful permanent residency. To be eligible under Section 202, applicants must demonstrate that they have been continuously physically present in the United States since December 1, 1995, that they were eligible for or had filed an application for benefits under the immigration laws before April 1, 2000, and that they are admissible or qualify for a waiver of inadmissibility. The application is filed on Form I-485 with USCIS. Per the USCIS Policy Manual, Volume 7, Part A, Chapter 5, NACARA Section 202 applicants are exempt from certain grounds of inadmissibility and are not subject to annual visa number limitations.

Section 203: Cancellation of Removal for Salvadorans, Guatemalans, and Eastern Bloc Nationals

NACARA Section 203 (codified at 8 U.S.C. Section 1229b note) provides a special form of cancellation of removal for certain nationals of El Salvador, Guatemala, and former Soviet Bloc countries. This is the provision most relevant to the Central American community in Georgia. Eligibility requirements under Section 203 include:

• Nationality: The applicant must be a national of El Salvador, Guatemala, or one of the specified former Soviet Bloc countries
• Registration: Salvadoran nationals must have applied for Temporary Protected Status (TPS) by October 31, 1991, or been registered as an ABC class member. Guatemalan nationals must have applied for asylum before April 1, 1990. Eastern Bloc nationals must have entered the United States before December 31, 1990
• Continuous physical presence: The applicant must demonstrate continuous physical presence in the United States for a period of seven years, with certain exceptions for brief, casual, and innocent departures per the regulations
• Good moral character: The applicant must demonstrate good moral character during the statutory period
• Not subject to mandatory bars: Certain criminal convictions bar NACARA relief, including aggravated felonies as defined in INA Section 101(a)(43) and convictions involving moral turpitude

The ABC Settlement Agreement

To fully understand NACARA Section 203 for Salvadoran and Guatemalan nationals, it is necessary to understand the American Baptist Churches (ABC) v. Thornburgh settlement agreement of January 31, 1991 (Case No. C-85-3255-RFP, N.D. Cal.). The ABC settlement resolved a class action lawsuit challenging the U.S. government's discriminatory adjudication of asylum claims from Salvadoran and Guatemalan nationals during the civil wars of the 1980s. Under the settlement, class members were entitled to de novo asylum adjudications under fair procedures. NACARA Section 203 later extended additional relief to ABC class members who met the statutory requirements.

Special Rule Cancellation vs. Standard Cancellation of Removal

NACARA Section 203 cancellation of removal operates under more favorable standards than the standard cancellation of removal under INA Section 240A(b). Under standard cancellation, an applicant must prove that removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. Under NACARA special rule cancellation, the hardship standard is the lower threshold of extreme hardship, and the hardship may be to the applicant themselves, not only to a qualifying relative. This distinction is critical for many Central American immigrants who may not have qualifying U.S. citizen or LPR relatives. The regulations governing NACARA Section 203 adjudications are found at 8 CFR Section 1240.61 through 1240.70.

NACARA Applications in Georgia Immigration Courts

For cases pending before the Atlanta Immigration Court (located at 180 Ted Turner Drive SW, Atlanta, Georgia), NACARA Section 203 applications are adjudicated by Immigration Judges in removal proceedings. The application is filed on Form EOIR-42, Application for Cancellation of Removal, with the Immigration Court. Supporting evidence includes documentation of the applicant's qualifying nationality and ABC class membership or timely asylum filing, evidence of continuous physical presence in the United States for the required seven-year period, evidence of good moral character, and evidence of extreme hardship that would result from removal. The EOIR Operating Policies and Procedures Memorandum 08-01 provides guidance on NACARA adjudications in Immigration Court.

Impact of Criminal Convictions on NACARA Eligibility

Criminal convictions can significantly impact eligibility for NACARA relief. Under INA Section 240A(c)(4), as incorporated by NACARA Section 203, conviction of an aggravated felony as defined in INA Section 101(a)(43) is an absolute bar to NACARA cancellation. In Georgia, certain state criminal offenses that may appear minor under state law may constitute aggravated felonies under federal immigration law. For example, a Georgia theft conviction under O.C.G.A. Section 16-8-2 with a sentence of one year or more may be classified as an aggravated felony under INA Section 101(a)(43)(G). This makes criminal defense counsel for noncitizens critically important, as the Supreme Court recognized in Padilla v. Kentucky, 559 U.S. 356 (2010).

Why Choose J. Lee & Associates

At J. Lee & Associates, we have deep experience representing Central American immigrants in NACARA proceedings. Our team serves the significant Salvadoran and Guatemalan communities in Norcross, Doraville, Marietta, Chamblee, and throughout the Atlanta metro area. We understand the historical context of NACARA, the ABC settlement, and the practical challenges of proving continuous presence and good moral character over decades-long periods.

Schedule a confidential consultation today: (770) 609-9396