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Boston Nicaraguan Adjustment And Central American Relief Act Lawyers Helping Immigrants Seek Asylum
In 1997, the Nicaraguan Adjustment and Central American Relief Act (NACARA) was passed to provide specific immigration benefits for certain people from Nicaragua, Cuba, El Salvador, Guatemala, or other former Soviet bloc countries who have come to the U.S. claiming asylum.
This law allows those who qualify and their dependents to become legal permanent residents of the U.S., but they must have been registered asylum seekers who have been in the U.S. for a minimum of 5 years since December 1, 1995.
At Toland Law, LLC, we have been helping immigrants become legal permanent residents of the U.S. via NACARA for years and are ready to help you. Because we offer years of experience and can navigate the complicated immigration law system, we have been asked many questions about NACARA.
Here are some of the most frequently asked questions we have received:
- To apply for NACARA, what are the eligibility requirements?
- Who is not able to qualify for NACARA?
- What is the application process for NACARA?
To Apply For NACARA, What Are The Eligibility Requirements?
While there are basic eligibility requirements to apply for NACARA, each requirement is dependent on whether the applicant has a criminal record or not. Here are the requirements:
- Continuous physical presence in the U.S.(without a criminal record) – An applicant must be physically present in the U.S. for a minimum of 7 years before filing the application for NACARA. A short trip to another country, as long as it wasn’t an illegal trip or due to deportation, will not be an issue. However, if you visit another country for more than 90 days, or you have multiple trips that add up to over 180 days out of the country, this may affect your eligibility.
- Continuous physical presence in the U.S.(with a criminal record) – If your criminal record includes any offenses that can make you inadmissible, then you will need to have had a physical presence in the U.S. for at least 10 continuous years.
- Good moral character – You need to show that you have good moral character during your stay in the U.S. This means you will need to have not done anything wrong in the last 7 or 10 years (the time period is dependent on whether or not you have a criminal record).
- Extreme hardship (without a criminal record) – Immigrants from certain countries such as Guatemala or El Salvador will not have to prove this, but immigrants from countries in East Europe will have to prove to an immigration officer that being deported from the U.S. will cause them extreme hardship.
- Exceptional and extremely unusual hardship (with a criminal record) – If your criminal record includes any offenses that can make you inadmissible, you will have to prove that being deported from the U.S. will cause you and your family to experience an exceptional and extremely unusual hardship.
Who Is Not Able To Qualify For NACARA?
If you have any of the following situations on your record, you are not able to qualify for NACARA:
- Assisted with persecuting other people
- Conviction of an aggravated felony
- Have a final order of deportation or removal on your record
What Is The Application Process For NACARA?
To apply for NACARA, you must fill out USCIS Forms I-881 for you and your family, as well as pay filing fees. There is a discount available for those who file together as a family. When filing the forms, you will need to include the following documents:
- Proof that you are a citizen of one of the NACARA countries,
- An old asylum or TPS application
- ABC registration form
- Evidence of your date-of-entry
- Evidence that proves you had a continuous physical presence in the U.S.
- Any other evidence that proves you have good moral character, will experience extreme hardship if deported and deserve this opportunity
Contact One Of The Top Nicaraguan Adjustment And Central American Relief Act Law Firms In Boston, MA
If you and your family are from Nicaragua, Cuba, El Salvador, Guatemala, or any other former Soviet bloc countries, and will experience extreme hardship if deported from your home country, you need a skilled immigration lawyer on your side. At Toland Law, LLC, we have been helping families just like yours for years.
We aggressively advocate for our clients and will fight to keep you and your family safe in the United States.
To learn more about how we can assist you, contact Toland Law, LLC to schedule a consultation. Give us a call at (781) 819-3647 or fill out the contact form on our website.