NACARA Benefits for Central Americans: Eligibility, Application Process, and How to Apply in 2026

What Is NACARA?

The Nicaraguan Adjustment and Central American Relief Act (NACARA) is a federal law enacted in 1997 that provides special immigration benefits to certain nationals of Nicaragua, Cuba, El Salvador, Guatemala, and countries of the former Soviet Union. NACARA was created to address the unique circumstances of individuals who fled civil wars, political instability, and persecution in Central America and Eastern Europe during the 1980s and 1990s, many of whom had been living in the United States for years in legal limbo.

NACARA is divided into several sections, each providing different forms of relief to different groups of beneficiaries. For Central Americans, particularly Salvadorans and Guatemalans, the most relevant provisions are found in Section 203 of NACARA, which provides a special form of cancellation of removal (formerly known as suspension of deportation) with modified rules that are more favorable than the standard cancellation of removal available under INA Section 240A. (information as of May 2026)

Who Is Eligible for NACARA Benefits?

Eligibility for NACARA benefits depends on which section of the law applies to you. The major categories are:

NACARA Section 202: Nicaraguans and Cubans

Section 202 allows certain Nicaraguan and Cuban nationals who were physically present in the United States on December 1, 1995, to adjust their status to lawful permanent resident. This section provides a direct path to a green card for qualifying Nicaraguans and Cubans and their eligible family members. Applicants file Form I-485, Application to Register Permanent Residence or Adjust Status, under the NACARA Section 202 provisions.

NACARA Section 203: Salvadorans, Guatemalans, and Former Soviet Bloc Nationals

Section 203 is the provision most relevant to the large Central American community in Georgia and throughout the southeastern United States. It provides a special rule for cancellation of removal for certain Salvadorans, Guatemalans, and nationals of former Soviet bloc countries who meet specific criteria.

To be eligible for NACARA Section 203 benefits, you must fall into one of the following categories:

Salvadorans (Class Members)

• You were a class member in the American Baptist Churches v. Thornburgh (ABC) settlement agreement, meaning you first entered the United States on or before September 19, 1990, and registered for ABC benefits by October 31, 1991 (or had a pending asylum application before June 26, 1990)
• You applied for Temporary Protected Status (TPS) on or before October 31, 1991
• You filed an asylum application before April 1, 1990

Guatemalans (Class Members)

• You were a class member in the ABC settlement agreement, meaning you first entered the United States on or before October 1, 1990, and registered for ABC benefits by December 31, 1991
• You filed an asylum application before April 1, 1990

Former Soviet Bloc Nationals

• You entered the United States on or before December 31, 1990, and filed an asylum application before December 31, 1991

NACARA Section 203: The Special Cancellation of Removal

What makes NACARA Section 203 particularly valuable is that it applies a more favorable legal standard than the regular cancellation of removal under INA Section 240A(b). Under the regular cancellation rules, a non-permanent resident must demonstrate 10 years of continuous physical presence, good moral character, and that removal would result in "exceptional and extremely unusual hardship" to a qualifying relative who is a U.S. citizen or lawful permanent resident. The "exceptional and extremely unusual hardship" standard is extremely difficult to meet.

Under NACARA Section 203, the older and more lenient standard of "extreme hardship" applies (the standard that existed under the former suspension of deportation provision, INA Section 244(a)(1), before it was replaced by cancellation of removal in 1996). Key differences include:

• Hardship standard: "Extreme hardship" under NACARA is significantly easier to establish than "exceptional and extremely unusual hardship" under regular cancellation
• Physical presence: Seven years of continuous physical presence in the United States is required (compared to 10 years for regular cancellation)
• Good moral character: Good moral character for seven years (same as regular cancellation's 10 years, but a shorter period)
• Hardship to self: Under NACARA, hardship to the applicant themselves can be considered, not just hardship to qualifying relatives

How to Apply for NACARA Benefits

NACARA Section 202 (Nicaraguans and Cubans)

Eligible Nicaraguans and Cubans file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. The application should include evidence of Nicaraguan or Cuban nationality, proof of physical presence in the United States on or before December 1, 1995, and all standard I-485 supporting documents (medical examination using Form I-693, photographs, and evidence of eligibility). (information as of May 2026)

NACARA Section 203 (Salvadorans, Guatemalans, Former Soviet Bloc)

The application process for NACARA Section 203 benefits depends on whether you are in removal proceedings:

If You Are in Removal Proceedings

If you are currently in removal proceedings before an immigration judge, you apply for NACARA Section 203 cancellation of removal by filing Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents) with the immigration court. You must demonstrate your eligibility as a class member and establish the required elements (physical presence, good moral character, and extreme hardship).

If You Are Not in Removal Proceedings

If you are not currently in removal proceedings, you may apply affirmatively with USCIS. The application process involves filing the appropriate forms with the USCIS Asylum Office, which handles NACARA Section 203 applications. USCIS will schedule an interview at the local asylum office to evaluate your eligibility.

Required Documentation

Regardless of which section you apply under, thorough documentation is critical. Key documents include:

• Proof of nationality: Passport, birth certificate, or other identity documents from your country of origin
• Proof of class membership: For NACARA Section 203, evidence that you were an ABC class member, had a pending asylum application, or registered for TPS by the applicable deadline
• Proof of physical presence: Utility bills, tax returns, lease agreements, pay stubs, school records, medical records, church records, or any other documentary evidence showing your presence in the United States during the required periods
• Proof of good moral character: Police clearance letters, FBI background check results, court dispositions for any arrests or charges, and evidence of community involvement
• Hardship evidence: Medical records, country condition evidence, psychological evaluations, educational impact statements for children, financial documentation, and any other evidence demonstrating the extreme hardship that would result from removal
• Supporting declarations: Personal declarations from the applicant and supporting affidavits from family members, friends, employers, and community leaders

Country Conditions Evidence for Central American NACARA Cases

Country conditions evidence is particularly important in NACARA cases involving Salvadorans and Guatemalans. Even though the civil wars in El Salvador and Guatemala ended decades ago, applicants can present evidence of ongoing security concerns, economic hardship, political instability, corruption, gang violence, and the lack of social services that would exacerbate the hardship of returning. The State Department's annual Country Reports on Human Rights Practices, reports from organizations such as Human Rights Watch and Amnesty International, and news articles documenting current conditions are all valuable sources. (information as of May 2026)

Common Challenges in NACARA Cases

Proving Class Membership

One of the most significant challenges in NACARA Section 203 cases is proving ABC class membership, particularly when the registration occurred decades ago. Many applicants have lost or never received documentation confirming their registration. In these cases, USCIS or EOIR records may need to be obtained through Freedom of Information Act (FOIA) requests, and secondary evidence such as attorney records, correspondence, or other proof of timely filing may be necessary.

Continuous Physical Presence Issues

NACARA requires seven years of continuous physical presence. Departures from the United States can break continuity if they are considered to be "meaningfully interruptive" of the applicant's physical presence. Short trips (generally under 90 days) may not break continuity, but longer absences may. Additionally, certain criminal offenses or the commission of certain acts can trigger the "stop-time" rule under INA Section 240A(d), which can cut off the accrual of physical presence.

Moral Character Bars

Certain criminal convictions or conduct can bar a finding of good moral character, including aggravated felonies, controlled substance offenses (except simple possession of 30 grams or less of marijuana), and certain other offenses listed in INA Section 101(f). If you have any criminal history, it is essential to have an attorney evaluate how it may affect your NACARA eligibility.

NACARA and Family Members

NACARA provides derivative benefits for certain family members of the principal applicant. Under NACARA Section 203, the spouse and unmarried children of the principal applicant may also be eligible for cancellation of removal if they are included in the application. The derivative family members do not need to independently establish class membership, but they must be admissible or eligible for a waiver of any grounds of inadmissibility.

How J. Lee & Associates Can Help

NACARA cases are among the most complex in immigration law because they involve decades of legal history, intricate eligibility requirements, and the intersection of multiple immigration statutes and settlement agreements. Our immigration team at J. Lee & Associates has experience representing Central American clients in NACARA proceedings, both before USCIS and in immigration court. If you believe you may be eligible for NACARA benefits, we encourage you to schedule a consultation to review your case history and determine the best path forward.