1. What is the NACARA program?
The Nicaraguan Adjustment and Central American Relief Act (NACARA) is a program that provides special immigration benefits to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, and Eastern Europeans who were present in the United States on or before December 1, 1995. It grants them permanent resident status and certain other forms of relief from deportation. NACARA also allows for the adjustment of status of certain family members of these individuals.
2. How do I apply for a U.S. immigrant visa under NACARA?
You must file Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, with the appropriate U.S. Citizenship and Immigration Services (USCIS) office. The application must include supporting documents, such as a copy of your passport, proof of continuous residence in the U.S. since December 1, 1995, and proof of good moral character. You must also submit other documents, such as a birth certificate, marriage certificate, and military discharge papers. Once you have completed the form and submitted all required documents, USCIS will review your application and decide whether or not to grant you relief under NACARA.
3. What does the NACARA program cover?
The Nicaraguan Adjustment and Central American Relief Act (NACARA) was passed by Congress in 1997. It provides certain Nicaraguan, Cuban, Salvadoran, Guatemalan, and Eastern European immigrants with the opportunity to receive permanent resident status in the United States. NACARA enables certain categories of immigrants to adjust their status (obtain legal permanent residence) without returning home to apply for their green card or visa. It also provides certain immigrants with relief from deportation or removal proceedings, and extends the period for which certain employees may remain in the United States under work authorization.
4. Are there any special requirements for a U.S. immigrant visa under NACARA?
Yes, there are special requirements for a U.S. immigrant visa under NACARA. The applicant must have been physically present in the United States for at least one year and must have been a part of certain Central American conflict-related or persecution-related family or group classifications. Additionally, applicants must also demonstrate that they have not been firmly resettled in any third country prior to their arrival in the United States, and must demonstrate that they are not inadmissible to the United States under any other immigration laws or regulations.
5. Does the NACARA program grant immediate permanent residence?
No, the NACARA program does not grant immediate permanent residence. Individuals who qualify for the NACARA program may receive temporary protected status, which allows them to remain in the U.S. for a period of 18 months, or they may be eligible for adjustment of status to permanent residency. However, this adjustment of status does not result in immediate permanent residence as applicants must go through a number of steps before gaining permanent residence.
6. How long does the processing of the U.S. immigrant visa application under NACARA take?
Typically, the processing of a U.S. immigrant visa application under NACARA takes between 6 and 12 months. However, processing timeframes can vary from case to case and can depend on a number of factors, such as a changing backlog of applications, the size of the USCIS office where the application is filed, and other internal or external factors.
7. What documents are needed to support my application for a U.S. immigrant visa under NACARA?
The documents you must provide to support your application for a U.S. immigrant visa under NACARA include:
1. Proof of eligibility for NACARA benefits, such as a notice of approval or a letter from DHS stating that you are eligible for NACARA;
2. Evidence of your identity and nationality, such as a birth certificate, passport or other identification documents;
3. Evidence of your lawful admission into the U.S., such as a Form I-94 Arrival/Departure Record or other entry documents;
4. A completed Form I-485, Application to Register Permanent Residence or Adjust Status;
5. Family and other relationship documentation such as marriage and birth certificates;
6. Photographs;
7. Copies of any court orders, such as asylum or deportation orders;
8. Other supporting documents as requested by the National Visa Center in the processing of your application.
8. What is the financial requirement for a U.S. immigrant visa under NACARA?
For applicants who qualify for a U.S. immigrant visa under NACARA, they must demonstrate to the U.S. Customs and Immigration Services (USCIS) that they have the financial resources to support themselves and any dependents while living in the United States. In order to be approved, applicants must show that they have sufficient funds to cover the costs of living, including food, housing, medical care, and other basic needs.
9. Is there any specific age requirement for a U.S. immigrant visa under NACARA?
Yes, there is an age requirement for a U.S. immigrant visa under NACARA. The applicant must be at least 21 years old and not over 50 years old, unless they are the adult son or daughter of a qualified parent or beneficiary.
10. Is there a limit to the number of family members who can apply for a U.S. immigrant visa under NACARA?
No, there is no limit to the number of family members who can apply for a U.S. immigrant visa under NACARA. NACARA was created to benefit certain nationals of El Salvador, Guatemala, and former Soviet bloc countries who meet specific requirements. The spouse and children of approved applicants may also be eligible for NACARA benefits.
11. Is it possible to get an extension or waiver of the U.S. immigration visa under NACARA?
Yes, it is possible to get an extension or waiver of the U.S. immigration visa under the Nicaraguan Adjustment and Central American Relief Act (NACARA). This is an immigration benefit that was created in 1997 to provide relief to certain immigrants from El Salvador, Guatemala, and Nicaragua who had been residing in the United States since December 31, 1995. NACARA provides for adjustment of status and adjustment to permanent residence for certain eligible individuals.
12. Are there any restrictions on employment for those applying for a U.S. immigrant visa under NACARA?
Yes, there are some restrictions on employment for those applying for a U.S. immigrant visa under NACARA. They include:
• Nonimmigrant work authorization must be obtained from U.S. Citizenship and Immigration Services (USCIS) before engaging in employment;
• Special Rule LPRs cannot be self-employed; and
• Special Rule LPRs cannot be employed by employers that have been identified as having engaged in certain types of serious criminal activity or fraud.
13. Are there any English language requirements for a U.S. immigrant visa under NACARA?
Yes, applicants must demonstrate the ability to read, write, and speak English at a basic level in order to be eligible for a U.S. immigrant visa under NACARA.
14. Are there any medical examinations required for a U.S. immigrant visa under NACARA?
No. All medical examinations required for a U.S. immigrant visa are conducted at a designated U.S. embassy or consulate prior to the visa interview. No medical examinations conducted under NACARA are required.
15. Is an interview required as part of the U.S. immigrant visa application process under NACARA?
Yes, an interview is required as part of the U.S. immigrant visa application process under NACARA.
16. Is there any legal assistance available to applicants seeking a U.S. immigrant visa under NACARA?
Yes, legal assistance may be available to applicants seeking a U.S. immigrant visa under NACARA from the Board of Immigration Appeals (BIA), the Executive Office for Immigration Review (EOIR), and the U.S. Citizenship and Immigration Services (USCIS). You may contact your local BIA or EOIR office to inquire about available legal assistance. Additionally, you may contact the USCIS National Customer Service Center for assistance in filing an application for a U.S. immigrant visa under NACARA.
17. Can I bring dependents to the United States with me if I receive a U.S. immigrant visa under NACARA?
Yes. Any dependents accompanying you or following to join you must have their own immigrant visa. They will not be issued a derivative visa, as derivative visas are no longer available for NACARA beneficiaries.
18 What are the fees associated with applying for a U.S. Immigrant Visa under NACARA?
The fees associated with applying for a U.S. Immigrant Visa under NACARA are as follows:
1. Application fee – $325
2. Biometric services fee – $85
3. Affidavit of Support fee – $120
4. Medical Examination fee (if required) – varies by provider
5. Visa issuance fee (if approved) – $220
19 Is my application fee refundable if I am not approved for a U.S Immigrant Visa under NACARA?
No, the application fee is not refundable if you are not approved for a U.S Immigrant Visa under the Nicaraguan and Central American Relief Act (NACARA).
20 Can I travel to the United States while my application for a U.S Immigrant Visa under NACARA is being processed?
No. Once you file an application for a U.S. Immigrant Visa under NACARA, you are not allowed to travel to the United States until the visa is approved and issued.