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GUATEMALANS, EL SALVADORANS AND NATIONALS OF
THE FORMER SOVIET REPUBLIC UNDER NEW NACARA:
Effective June 21, 1999, the Bureau of
Citizenship and Immigration Services (USCIS)
announced a new form of relief under the
NACARA program. This relief applies to
certain Guatemalans, Salvadorans and nationals
of the former Soviet Block countries.
NACARA now allows certain individuals
to apply for suspension of deportation
or special rule cancellation of removal.
Those granted relief will have their status
adjusted to that of Legal Permanent Resident
(green card holders) and after five years
if eligible will be able to apply for
U.S. Citizenship. Individuals may apply
for this new program if they are in one
of the following programs and meet the
requirements as defined below:
Salvadorans who previously applied for
asylum on or before April 1, 1990, or
who entered the U.S. on or before September
19, 1990; AND, registered for benefits
under the ABC Settlement by submitting
an ABC form or applying for TPS on or
before October 31, 1991; AND, were not
apprehended at the time of entry if entry
occurred after December 19, 1990.
Guatemalans who filed for asylum on
or before April 1, 1990, or who entered
the U.S. on or before October 1, 1990;
AND, registered for benefits under the
ABC Settlement by submitting an ABC form
on or before December 31, 1991; AND, were
not apprehended at the time of entry if
entry occurred after December 19, 1990.
Nationals of 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 who entered the U.S.
on or before December 31, 1990; AND, applied
for asylum on or before December 31, 1991.
Spouses, children and unmarried sons
and daughters of individuals who have
been granted suspension of deportation
or cancellation of removal are also eligible
to apply subject to certain conditions.
Spouses and unmarried children of NACARA
applicants who reside outside the U.S.
may apply for parole into the country
to apply for Adjustment of Status once
the Texas Service Center grants a favorable
review of the principal NACARA application.
To be eligible for the above, program
applicants must show that they have been
in the U.S. for seven (7) continuous years
(a brief absence is allowed up to one
hundred and eighty (180) days), have good
moral character (no convictions for aggravated
felonies), and demonstrate that returning
to their country would result in extreme
hardship to them, their spouse, child
or parent who are U.S. Citizens or Lawful
Permanent Residents. The new rules allow
for a rebuttable presumption of hardship
in favor of the applicant.
USCIS has adopted a series of steps that
must be completed prior to the granting
of Lawful Permanent Residency. This includes,
but is not limited to: completion of various
forms and documentation requirements,
fingerprinting, background checks, photographs,
USCIS fee requirements and a mandatory
interview before an asylum officer. If
approved status will be adjusted to that
of Lawful Permanent Resident (green card
holder).
Our office does not recommend applying
for this program without legal representation
as a denial at the interview could place
one before an Immigration Judge at a deportation/removal
hearing. For this reason, never utilize
the services of a notary or other individual
who claims to know the law who is not
licensed to practice law. These individuals
cannot represent you in an immigration
case.
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