JLA Law Group

NACARA Relief for Guatemalans, Salvadorans, and Soviet Bloc Nationals

Case Evaluation→(770) 609-9396

The Nicaraguan Adjustment and Central American Relief Act (NACARA), enacted in 1997, provides special immigration relief to certain nationals who fled civil conflict and political instability. NACARA § 202 authorizes adjustment of status for Nicaraguans and Cubans who were continuously present in the US since before December 1, 1995. NACARA § 203 provides special rules for Guatemalans, Salvadorans, and nationals of the former Soviet bloc countries (the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or any state of the former Yugoslavia) — allowing them to apply for suspension of deportation or cancellation of removal under the pre-IIRIRA standards, which are significantly more favorable than current law.

For § 203 applicants, the key advantage is that they are evaluated under the old 'suspension of deportation' standard rather than the more stringent current 'cancellation of removal' standard. Under the suspension standard, an applicant who has been continuously present for seven years, is of good moral character, and whose deportation would cause extreme hardship to themselves, their spouse, parent, or child may qualify for relief. The hardship standard under NACARA § 203 is considerably less demanding than the 'exceptional and extremely unusual hardship' required for current cancellation of removal.

JLA Law Group has experience with NACARA applications for eligible clients in the Georgia area. Many individuals who arrived during the civil conflicts of the 1980s and early 1990s may not realize they qualify. Even clients in removal proceedings may be able to apply through the Immigration Court. We assess NACARA eligibility as part of a complete review of all available immigration options.

Steps You Should Take

1

Review Full Immigration History for NACARA Eligibility

We conduct a comprehensive review of your immigration history, entry date, country of birth, any prior asylum or TPS filings, and family members' immigration status to determine whether you qualify under NACARA § 202 or § 203.

2

Gather Evidence of Continuous Presence and Good Moral Character

We compile tax returns, employment records, school records, lease agreements, utility bills, and other evidence documenting continuous physical presence in the US for the required period, along with police clearances and other good moral character evidence.

3

Document Extreme Hardship to You and Qualifying Family Members

We prepare a detailed hardship declaration and supporting evidence covering country conditions, medical needs, financial ties, US citizen or LPR family members, and other relevant factors to satisfy the hardship standard.

4

File Form I-881 with USCIS or Apply in Immigration Court

Depending on whether you are in removal proceedings, we file Form I-881 with USCIS or file a NACARA application with the Immigration Court. Call JLA Law Group at (770) 609-9396 for a confidential NACARA eligibility assessment.

Frequently Asked Questions

Who qualifies for NACARA § 203 relief?
Guatemalan and Salvadoran nationals who filed or were eligible to file a class action asylum application (ABC class) before specific deadlines, or who registered for TPS, or who applied for asylum before April 1, 1990 (Guatemalans) or September 19, 1990 (Salvadorans). Soviet bloc nationals (former USSR, Eastern European countries) who entered the US before the specified cutoff dates and filed for asylum before December 31, 1991. Spouses and children of qualifying principals may also be eligible as derivatives.
What is the difference between NACARA § 202 and § 203?
NACARA § 202 provides adjustment of status for Nicaraguans and Cubans who were present since December 1, 1995 — a simpler process with fewer requirements. NACARA § 203 applies to Guatemalans, Salvadorans, and Soviet bloc nationals and allows them to use the more favorable pre-IIRIRA suspension of deportation standard rather than today's tougher cancellation of removal requirements.
What is the 'extreme hardship' standard under NACARA?
Under the pre-IIRIRA suspension standard applicable to NACARA § 203 cases, the hardship may run to the applicant, their spouse, parent, or child. Courts consider factors including the applicant's length of US residence, age, medical conditions, family ties in the US and abroad, financial situation, and conditions in the home country. This is a lower bar than the current 'exceptional and extremely unusual hardship' standard for non-NACARA cancellation of removal.
Can I apply for NACARA if I am in removal proceedings?
Yes. NACARA § 203 applications may be filed with the Immigration Court for applicants who are in removal proceedings. The Immigration Judge has jurisdiction to hear and grant NACARA relief. For applicants not in proceedings who are eligible under § 202, applications may be filed with USCIS on Form I-881.
Do I need to have filed for ABC asylum to qualify as a Guatemalan or Salvadoran?
Not necessarily. Some Guatemalans and Salvadorans qualify based on TPS registration or other grounds. An attorney should review your entire immigration history including any applications you or a family member may have filed. The class action settlements (American Baptist Churches v. Thornburgh) established broad eligibility criteria that extend beyond those who personally filed asylum claims.

Applicable Laws

Pub. L. 105-100, § 202 (NACARA § 202)Provides adjustment of status for qualifying Nicaraguan and Cuban nationals who were continuously present in the US since before December 1, 1995, using a streamlined standard.
Pub. L. 105-100, § 203 (NACARA § 203)Allows qualifying Guatemalans, Salvadorans, and Soviet bloc nationals to apply for suspension of deportation or special rule cancellation of removal under the pre-IIRIRA standard, with its more favorable extreme hardship test.
8 CFR § 240.60–240.70USCIS and EOIR regulations implementing NACARA § 203 special rule cancellation of removal, including eligibility criteria, filing procedures, good moral character requirements, and hardship standards.
American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991)Class action settlement establishing the ABC class membership criteria for Guatemalan and Salvadoran nationals, which forms the basis of many NACARA § 203 eligibility determinations.

Related Services

AsiloLey de InmigraciónRetención de RemociónLey de Inmigración

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
V
VAWA
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile
C
Criminal & Immigration
I
I-751 Removal of Conditions
C
Consular Processing
I
Immigration Bond
H
Habeas Corpus Petition
T
TPS for El Salvador
T
TPS for Honduras
T
TPS for Venezuela
C
Cuban Adjustment Act
T
TN Visa
T
T-Visa (Trafficking Victims)
K
K-1 Fiancé Visa
A
Advance Parole
B
BIA Appeal
E
E-2 Investor Visa
S
Section 245(i) Adjustment
P
PERM Labor Certification
E
EB-2 National Interest Waiver
G
Green Card Renewal (I-90)
A
Affirmative Asylum
M
Military Parole in Place
F
FOIA Requests
I
I-539 Extension of Stay
L
L-1 Intracompany Transfer Visa
O
O-1 Extraordinary Ability Visa
E
EB-1 Priority Worker Visa
E
EB-3 Skilled Worker Visa
R
R-1 Religious Worker Visa
C
Convention Against Torture (CAT)
W
Withholding of Removal
2
212(h) Criminal Waiver
2
212(i) Fraud Waiver
J
J-1 Visa Waiver
I
I-212 Permission to Reapply
M
Motion to Reopen
V
Voluntary Departure
P
Prosecutorial Discretion
K
Know Your Immigration Rights

Case Evaluation

Talk to a nacara relief attorney today.

Schedule Consultation(770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

Don't Wait. Every Day Counts.

The law has deadlines. Protect your rights today.

(770) 609-9396Online Consultation
CallConsult