1. How do I qualify for a green card under NACARA or HRIFA?
To qualify for a green card under NACARA or HRIFA, you must meet specific eligibility criteria. Generally, you must have been physically present in the U.S. on or before December 31, 1990, have a fear of persecution in your home country, and meet other requirements outlined in the NACARA or HRIFA legislation. Additionally, you must have been part of a designated class of immigrants eligible under the program’s provisions. It is important to remember that only certain classes of immigrants are eligible for these programs, so it is important to research your eligibility carefully before filing an application.
2. What are the eligibility requirements for NACARA and HRIFA Green Cards?
To be eligible for a NACARA Green Card, applicants must have been present in the United States on or before December 1, 1995; have applied for asylum before December 1, 1995; must have resided in either the United States or a designated country since that date; and must have an approved asylum application or have been granted withholding of deportation or removal.
To be eligible for a HRIFA Green Card, applicants must have been present in the United States as of December 1, 1998; have applied for adjustment of status before the original filing deadline of April 1, 2000; have resided in either the United States or a designated country since that date; and must have an approved adjustment of status application or a pending application.
3. How do I apply for a green card under NACARA or HRIFA?
The process for applying for a green card under NACARA or HRIFA is different for each applicant, depending on their country of origin, the grounds for eligibility, and other factors. Generally speaking, the process involves completing and submitting USCIS Form I-485, Application to Register Permanent Residence or Adjust Status; submitting supporting documents (as required); attending an in-person interview with USCIS officers; and potentially undergoing a medical examination. Applicants should visit the USCIS website for more detailed information about the application process.
4. Are there any special forms that need to be submitted with a NACARA or HRIFA Green Card application?
Yes, there are several special forms that must be completed and submitted with a NACARA or HRIFA Green Card application. These forms include Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-944, Declaration of Self-Sufficiency; Form I-765, Application for Employment Authorization; and Form I-131, Application for Travel Document (if applicable). Additionally, applicants may need to provide proof of eligibility, such as proof of current or former citizenship in an eligible country, and proof of past persecution or fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
5. What are the filing fees associated with a NACARA or HRIFA Green Card application?
Filing fees for a NACARA or HRIFA Green Card application vary depending on the individual’s age, filing type, and other factors. Generally, the filing fee for Form I-485 is $1,140 for those aged 14 and older. Additional fees may apply depending on the applicant’s country of origin.
6. How long does it typically take to be approved for a NACARA or HRIFA Green Card?
It depends on the individual case. Generally, it can take anywhere from 10-12 months for the entire application process, from start to finish.
7. Are there any special considerations that must be taken into account when applying for a NACARA or HRIFA Green Card?
Yes, there are several special considerations that must be taken into account when applying for a NACARA or HRIFA Green Card. For example, applicants must provide evidence of their eligibility based on the specific terms of the particular immigrant category, such as country of origin, date of birth, and even family relationships. Additionally, applicants must provide proof that they meet the “maintenance of status” requirements in order to be eligible for the Green Card. In addition, NACARA and HRIFA applicants must demonstrate that they have not been convicted of certain criminal offenses and that they are not inadmissible to the United States.
8. What are the consequences of being denied a green card under NACARA or HRIFA?
Being denied a green card under NACARA or HRIFA can result in deportation. Additionally, noncitizens may be barred from entering the U.S. for up to 10 years.
9. Can family members of an applicant receive green cards under NACARA or HRIFA?
Yes, family members of an applicant can receive green cards under NACARA and HRIFA. Eligible family members include the applicant’s spouse, child, or parent, with each having to meet certain criteria in order to qualify.
10. Are there any specific documents that must be submitted in support of a NACARA or HRIFA Green Card application?
Yes. Applicants must submit documentation to demonstrate their eligibility for the NACARA or HRIFA Green Card program. This includes the following documents:
• Proof of identity and nationality
A valid passport or other government-issued document that proves identity and nationality.
• Evidence of withholding orders
Proof of a withholding order issued by the former country of origin, such as a court order, executive order, or decision from an administrative authority.
• Proof of qualification for a humanitarian benefit
Proof of any qualifying humanitarian benefit, such as asylum status or refugee status.
• Documentation of family relationships
Copy of birth certificate, marriage certificate, or other family records to prove relationships with family members.
11. Are there any restrictions on travel for immigrants who are in the U.S. on a NACARA or HRIFA Green Card?
Yes, immigrants who are in the U.S. on a NACARA or HRIFA Green Card may be subject to certain travel restrictions. For instance, they must obtain advance parole from the U.S. Department of Homeland Security before traveling outside the U.S., and they are also required to obtain a valid re-entry permit before returning to the U.S. after a period of travel abroad. In addition, immigrants on these green cards may not be able to travel to certain countries that impose travel restrictions on individuals who have been granted asylum or refugee status in the U.S.
12. Are there any special requirements for working while in the U.S. on a NACARA or HRIFA Green Card?
Yes, those who have been granted a NACARA or HRIFA Green Card are subject to the same employment authorization requirements as other lawful permanent residents. This includes having a valid employment authorization document and obtaining an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS).
13. How long is a NACARA or HRIFA Green Card active for?
A NACARA or HRIFA Green Card is valid for ten years from its issue date.
14. What happens if I need to renew my NACARA or HRIFA Green Card?
If you need to renew your NACARA or HRIFA Green Card, you should file Form I-90, Application to Replace Permanent Resident Card. You will need to submit the application with the proper fees, as well as supporting documents and evidence as required. Additionally, you may be required to attend an in-person interview at your local U.S. Citizenship and Immigration Services (USCIS) office.
15. Can I become a U.S. citizen if I have a NACARA or HRIFA Green Card?
Yes, you may become a U.S. citizen if you have a NACARA or HRIFA Green Card. In order to do so, you will need to meet all the standard requirements for citizenship, which includes passing a civics and English test, demonstrating good moral character, and taking the Oath of Allegiance.
16. What are some of the benefits of having a NACARA or HRIFA Green Card?
The benefits of having a NACARA or HRIFA Green Card include the following:
-Protection from deportation
-Eligibility for a green card
-Ability to work in the US legally
-Access to government benefits such as Social Security, Medicare, and Medicaid
-Family unification benefits
-Access to in-state tuition at universities and colleges
-Eligibility for federal student loans
-Eligibility for naturalization after five years of residency
-Pathway to permanent residence for certain family members
17. If I am denied a green card under NACARA or HRIFA, can I appeal the decision?
Yes, you can appeal a decision to deny your green card under NACARA or HRIFA. You must file a Motion to Reconsider or Motion to Reopen with the Immigration Court or the Board of Immigration Appeals, depending on your original hearing location.
18. How do I prove my eligibility for a green card under NACARA or HRIFA?
You must provide documentary evidence to prove your eligibility for a green card under NACARA or HRIFA. This evidence may include, but is not limited to: birth certificates, proof of residence in the designated country, proof of identity, military service records, and visa applications. You must also submit a statement detailing how you meet the eligibility requirements set out in the applicable law.
19. What are the consequences if I violate the conditions of my NACARA or HRIFA Green Card?
If you violate the terms of your NACARA or HRIFA Green Card, your green card may be revoked and you may be removed from the United States. This could mean that you would be deported and barred from re-entering the United States for a certain period of time. It is important to follow the conditions of your NACARA or HRIFA Green Card to avoid these consequences.
20. What should I do if my application for a NACARA or HRIFA Green Card is denied?
If your application for a NACARA or HRIFA Green Card is denied, you may have the option to appeal the decision. You should consult with a qualified immigration attorney to discuss your options and determine the best course of action. Depending on the circumstances of your case, you may also be eligible to apply for a different type of visa or other immigration relief.