NACARA program

The NACARA program provides protection to certain Salvadorans, Guatemalans, Nicaraguans, Cubans and nationals of the former Soviet bloc living in the United States. Thanks to this law, many immigrants can stop their deportation and obtain a Green Card if they meet the requirements.

Although it was approved in 1997, the NACARA law is still in force. USCIS keeps the process open through Form I-881, which is used to request “special rule” suspension of deportation or cancellation of removal.

The NACARA program was created to help those who fled wars or political crises in the 1980s and 1990s and were unable to obtain asylum. Today it remains an important way to regularize immigration status in the U.S., as long as strict requirements on dates, continuous presence and good moral character are met.

• It protects specific groups according to country and date of entry.
• It requires seven years of continuous presence in the U.S.
• It requires good moral character and proof of extreme hardship if the person is deported.

Below you will find who is covered by the NACARA law, the main requirements and the steps to apply. This will help you understand whether you may benefit from the NACARA program and how to start your case.

Who is protected by the NACARA program and what are the differences between Sections 202 and 203?

The NACARA law protects several groups, but not everyone qualifies in the same way. It is essential to distinguish between its two main sections:

Section 202

Section 202 was designed for Nicaraguans and some Cubans. It allowed them to adjust their immigration status directly during the 1990s.

Important: Section 202 no longer accepts new applications. The deadline expired on March 31, 2000, so today only the cases filed by that date and their derivatives remain in effect.

Section 203

Section 203 is aimed at Salvadorans, Guatemalans and nationals of the former Soviet bloc. It is the current and most commonly used section of the NACARA program because it allows:

• Suspending a deportation, and
• Requesting lawful permanent residence through Form I-881,

if the applicant meets requirements such as:

• Seven years of continuous physical presence in the U.S.
• Good moral character.
• Extreme hardship in case of deportation.

Other groups that may benefit

In addition to principal applicants, NACARA benefits may also cover:

• Spouses and children of individuals eligible under NACARA (in some cases, unmarried children over 21 must have entered the U.S. before October 1, 1990).
• Individuals covered under the ABC Settlement Agreement, who enjoy a favorable presumption of “extreme hardship” in certain Central American cases.
• Individuals with old deportation cases that can still be reopened, if they meet Section 203 criteria.

NACARA program requirements by country

The requirements vary depending on the applicant’s country of origin. Each group has specific dates and conditions that must be met to qualify for the NACARA program.

Guatemalans

A Guatemalan national may qualify if they:

• Entered the United States on or before October 1, 1990.
• Registered for ABC benefits on or before December 31, 1991.
• Applied for political asylum on or before January 3, 1995 (when ABC registration was done through an asylum application).
• Were not detained upon entry after December 19, 1990 (apprehended at entry).

Salvadorans

A Salvadoran national may qualify if they:

• Entered the U.S. on or before September 19, 1990.
• Registered for the ABC program on or before October 31, 1991, either directly or through TPS within that time period.
• Filed an asylum application on or before February 16, 1996 (if their ABC registration was based on asylum).
• Were not detained upon entry after December 19, 1990.

Nationals of the former Soviet bloc

NACARA may also apply to individuals from former Soviet bloc countries, such as Albania, East Germany, Bulgaria, Czechoslovakia, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Russia, Yugoslavia and other former Soviet republics.

To qualify, they must have:

• Entered the U.S. on or before December 31, 1990.
• Applied for political asylum on or before December 31, 1991.

These deadlines are strict. In older cases or where the applicant was a minor, there may be limited exceptions that are evaluated case by case.

At Curbelo Law, we evaluate whether your entry, application or registration fits NACARA criteria, even when the case is old or was previously denied.

Nicaraguans and Cubans under the NACARA law

Although most current applications fall under Section 203, Nicaraguans and Cubans were also included under Section 202.

This section allowed eligible individuals to:

• Adjust status directly to lawful permanent residence.
• Qualify without having filed for asylum in the past.
• Show continuous physical presence since December 1, 1995, in addition to good moral character.
• Obtain certain waivers, such as for entry without inspection or lack of travel documents.

Because of these more flexible requirements, many Nicaraguans and Cubans obtained residency without going through a deportation process or appearing before an immigration judge.

If you do not qualify for adjustment of status, you can review alternatives such as consular processing or a family-based immigration petition.

Other NACARA program eligibility criteria

Beyond the country-based rules, the NACARA program includes general conditions that determine whether someone can benefit from this immigration relief.

General eligibility requirements

To qualify, a person must:

• Not have been convicted of an aggravated felony, as this usually results in complete disqualification.
• Maintain good moral character for at least seven years, matching the required period of continuous presence.
• Have continuously resided in the United States for seven years, without absences longer than 90 days at once or 180 days in total.
• Demonstrate extreme hardship to themselves or to a spouse, parent or child who is a U.S. citizen or lawful permanent resident. For ABC members, this hardship is presumed unless the government proves otherwise.
• Submit sufficient evidence of entry dates, nationality, continuous presence, good moral character and extreme hardship.

Simply having lived many years in the United States is not enough; the decision also depends on the applicant’s conduct and the quality of the evidence submitted.

Special eligibility cases

NACARA may also benefit:

• Immediate family members (spouses or children) who depend on an eligible principal applicant and meet the required entry dates.
• Victims of abuse or extreme cruelty, when the abuser was a family member who would have qualified for NACARA.
• Individuals with old deportation cases that can still be reopened before the immigration court.

If you were a victim of abuse, you may have other complementary options such as the U visa or VAWA, which offer protection, work authorization and, in many cases, a path to permanent residence.

Documents and evidence to apply under the NACARA law

To request relief under the NACARA program, it is crucial to gather strong evidence to support each legal requirement, especially continuous presence, good moral character and extreme hardship.

Main types of evidence that may be required

• Passports or identity documents to confirm identity and nationality.
• Tax returns, pay stubs or bank statements, which demonstrate continuous presence and economic integration.
• Lease agreements and utility bills, useful to prove stable residence.
• Medical or school records, which help cover full periods of physical presence.
• Marriage and birth certificates, to show family relationships with U.S. citizens or residents.
• Court records or criminal background reports with complete dispositions, since certain offenses may affect eligibility.

To establish extreme hardship, an applicant may submit, among other things:

• Medical reports about a serious illness affecting a U.S. citizen or resident family member.
• Evidence of severe economic impact if the applicant is deported.
• Proof that necessary medical treatment is unavailable in the country of origin.
• Sworn statements from the applicant and family members explaining the real-life consequences of deportation.

Do you have to be in removal proceedings?

Not always. Some applicants can file their NACARA program request directly with USCIS. Others, especially those with a criminal history or old cases, must present it before an immigration judge.

In any scenario, the applicant must show that they meet all eligibility criteria before the case can be approved.

About good moral character

The assessment of moral character follows standards similar to other types of relief, such as cancellation of removal. Clear and consistent evidence of good conduct is essential.

Step-by-step process to apply for the NACARA program

The NACARA program process can be handled either before USCIS or before an immigration judge, depending on whether the applicant already has a case in immigration court.

1. Complete Form I-881

The first step is to complete Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, which is the official form for Section 203 cases under the NACARA program.

Key points:

• The form must be signed and submitted with evidence of eligibility.
• If the applicant is not in removal proceedings, the form is filed with USCIS.
• If the applicant has a case in court, the form is filed before the immigration judge (EOIR).
• It is crucial to carefully review dates and documents to avoid delays, RFEs or denials.

Because the NACARA program is complex, it is usually advisable for an attorney to review the form before it is filed.

2. Filing, biometrics and background checks

After submitting the application:

• The applicant receives a receipt notice.
• A biometrics appointment is scheduled at an Application Support Center (ASC) for fingerprinting.
• USCIS runs background checks through the FBI. If the background checks expire (usually after 15 months) before a decision is made, a new biometrics appointment may be required.

If the case is with USCIS, an officer reviews the evidence and may hold an interview. If it is in court, the immigration judge analyzes continuous presence, moral character, extreme hardship and all submitted evidence during the hearing.

3. Interview with USCIS

For NACARA program cases handled by USCIS, an interview is scheduled with an asylum officer who is responsible for adjudicating NACARA applications.

During the interview, the applicant must:

• Answer questions about their immigration history, dates of entry, continuous presence and good moral character.
• Provide updated evidence to support their eligibility.
• Bring an interpreter if they do not speak English fluently (the interpreter must be over 18 and cannot be the attorney or a witness).
• Submit documentation proving extreme hardship, when applicable.

USCIS may disqualify an interpreter if it believes the interpreter compromises the integrity of the interview.

4. USCIS decision and possible outcomes

After reviewing the file, USCIS may:

• Approve the application and grant lawful permanent resident status.
• Deny the case, which can lead to:
• An appeal before the Board of Immigration Appeals (BIA), or
• Continuation of the case in immigration court.
• Issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) before making a final decision.

If the applicant has a pending asylum case and obtains NACARA relief, they may withdraw the asylum application without affecting their new status, since lawful permanent residence offers broader protection.

What if you cannot attend your NACARA interview?

If you cannot attend the interview, you must notify the USCIS asylum office before the scheduled date. In general, USCIS allows you to reschedule once if the request is received at least two business days before the interview.

Ways to request a new date:

• Send a written request by fax or mail to the corresponding asylum office.
• Hand-deliver a written request in person before the original interview date.

Rescheduling is not accepted by phone, although the USCIS Contact Center can provide general information.

If the interview date has already passed, you must justify your absence with good cause or exceptional circumstances (for example, a medical emergency, accident, hospitalization, or a close family member’s death).

If you do not attend and cannot show a valid reason:

• If you have no legal status, USCIS may refer your case to immigration court to start or continue removal proceedings.
• If you have lawful status, your NACARA program application may be closed or denied for abandonment.

Missing the interview without justification can also delay the possibility of obtaining a work permit related to the case.

What to do if you move while your NACARA case is pending

If you change your address while your case is pending, you must notify USCIS of your new address within 10 days. Failing to do so can result in missed notices and even automatic denial of your application.

Updating your address only with the Postal Service (USPS) does not update your address with USCIS.

Ways to report a change of address

You can report your new address:

• Online, through USCIS’s official change of address tool.
• By mail, by sending Form AR-11 to the address listed in the instructions.
• Directly to the office handling your case, by notifying them via mail, fax or in person as instructed by that office.

If your case is in immigration court, in addition to USCIS you must file Form EOIR-33 with the appropriate court and notify the attorney for the Department of Homeland Security (DHS).

You may also call the USCIS Contact Center at 800-375-5283 (TTY: 800-767-1833) if you have questions, and it is wise to keep copies of everything you send.

In other long processes, such as the process to obtain U.S. citizenship, keeping your address updated is just as important.

Final benefits of the NACARA program

When an application under the NACARA program is approved, the applicant becomes a lawful permanent resident of the United States, with the same rights as any other Green Card holder.

The main benefits include:

• Green Card (I-551). This proves lawful permanent resident status.
• Living and working legally in the United States. Permanent residence authorizes work without restrictions and allows you to settle in any state.
• Eligibility to apply for U.S. citizenship. Generally after five years (or three years if you are married to a U.S. citizen and meet the requirements).
• Ability to petition certain family members. Spouses and unmarried children, according to the family-based immigration categories.
• Access to certain public and employment-related benefits allowed by current law.

In many cases, approval under NACARA eliminates prior removal orders or closes active proceedings in immigration court.

If you or a family member have questions about your eligibility, consult with our attorney experienced in stopping removal proceedings or in military parole in place. In some situations, these options can be combined with the NACARA program.

Reasons for denial of NACARA program applications

Although many NACARA applications are successful, relief can be denied if the applicant fails to prove the key requirements or makes serious mistakes during the process.

Most common reasons for denial

• Failure to prove seven years of continuous residence in the United States. This can result from insufficient documentation or long stays outside the country.
• Serious or aggravated criminal history. Certain convictions lead to automatic disqualification.
• Failure to demonstrate good moral character. Lies, inconsistencies or certain offenses can negatively affect the case.
• Failure to prove the required level of extreme hardship. If the authorities decide that deportation would not cause exceptional hardship, relief may be denied.
• Submitting false or incomplete documents. This can lead to immediate denial and other immigration consequences.
• Not responding on time to an RFE or NOID. Failure to reply within the deadline usually results in automatic denial.

What happens if your case is denied?

If your NACARA program request is denied, you may still have options:

• Appeal: File it before the Board of Immigration Appeals if you believe there was a factual or legal error.
• Motion to reopen or reconsider: File it with the same officer or judge, supported by new evidence or material facts that were not previously available.

At Curbelo Law, we can review the decision, identify the reasons for denial and design the right strategy to appeal an immigration case.

How NACARA relates to other forms of immigration relief

NACARA shares some features with other protection programs, but it has key advantages: it can lead to permanent residence and, in some cases, does not require you to be in removal proceedings to file your application.

For these reasons, the NACARA program can be especially favorable for many Salvadorans and Guatemalans who meet its historical requirements.

Below is a practical comparison:

Program	Requires removal proceedings?	Allows permanent residence?	Requires good moral character?	Temporary protection?
NACARA (Section 203)	Often (see note)	Yes	Yes	No
Cancellation of removal (general)	Yes	Yes	Yes	No
TPS (Temporary Protected Status)	No	No (directly)	Yes	Yes
Asylum	No (initially)	Yes, after 1 year	Yes	Yes
Humanitarian parole	No	No	N/A	Yes

Note on NACARA: Many cases are filed before an immigration judge, similar to general cancellation of removal. However, some applicants may file Form I-881 directly with USCIS without being in removal proceedings.

For those who qualify, the NACARA program can therefore be more beneficial than other relief options: it is not temporary and it can lead to permanent residence, unlike TPS in the U.S..

Frequently asked questions about the NACARA law

Before closing, it is common to have questions about the NACARA program. Here we answer the most frequent questions so you can have a clear, practical view of this immigration benefit.

Is the NACARA law still in effect in 2026?

Yes. Although it was approved in 1997, the NACARA program remains active and USCIS continues to accept applications filed with Form I-881.

Can I apply for the NACARA program if I have a criminal record?

It depends on the type of offense. Aggravated felonies usually disqualify an applicant, but other offenses may be evaluated on a case-by-case basis.

Can I include my family in my NACARA application?

Yes. Spouses and minor children can benefit if they meet the derivative criteria linked to the principal applicant.

Is NACARA the same as TPS?

No. TPS is temporary and does not directly lead to permanent residence, while the NACARA program can provide permanent status.

Do I need a lawyer to apply?

It is not mandatory, but it is strongly recommended due to the complexity of the dates, evidence and rules involved in the NACARA program.

Do I need legal assistance to apply under the NACARA program?

Although the law does not require you to have an attorney, a mistake with dates, evidence or Form I-881 can seriously affect the outcome of your NACARA program case.

Professional assistance can help you:

• Review your immigration history and confirm whether you meet the eligibility criteria.
• Organize evidence of continuous presence, good moral character and extreme hardship.
• Determine whether your case should be filed with USCIS or before an immigration judge.
• Be represented throughout the process, whether administrative or judicial.

At Curbelo Law, our immigration lawyers in New Jersey can evaluate your situation, confirm whether you qualify under the NACARA program or another form of relief, and represent you with the level of care your case deserves.

Contact us for a confidential consultation and get a professional review of your eligibility. You can also visit our office in Ridgewood, New Jersey, or call us to schedule an appointment.