Green Card Options for NACARA and HRIFA Beneficiaries

1. How do I qualify for a green card under NACARA or HRIFA?


In order to qualify for a green card under NACARA or HRIFA, you must meet the eligibility requirements of those programs. Generally, you must meet certain criteria related to your status in the United States, your nationality, and the time spent in the United States. For more specific information on eligibility requirements, please consult an immigration lawyer or the U.S. Citizenship and Immigration Services (USCIS) website.

2. What are the eligibility requirements for NACARA and HRIFA Green Cards?


The eligibility requirements for NACARA and HRIFA green cards depend on the type of applicant and the specific circumstances of their case. Generally, individuals eligible for NACARA must be nationals of certain countries (in Latin America and the former Soviet Union) who entered the United States before a certain date, and who have not been convicted of any serious crimes. Eligibility requirements for HRIFA are more complicated and are mostly determined by country of origin.

3. How do I apply for a green card under NACARA or HRIFA?


In order to apply for a green card under NACARA or HRIFA, you must first determine your eligibility. If you believe you meet the criteria of one of the programs, you must then file Form I-485, Application to Register Permanent Residence or Adjust Status, and the supporting documents listed in the form instructions. You must also pay the applicable filing fees. After filing your application, USCIS will review it and make a determination on your eligibility.

4. Are there any special forms that need to be submitted with a NACARA or HRIFA Green Card application?


Yes, special forms must be submitted with a NACARA or HRIFA Green Card application. These forms vary depending on the type of NACARA or HRIFA application that is being submitted. Generally, individuals must submit an Application for Lawful Permanent Residence (Form I-485) and supporting documentation such as birth certificates, marriage certificates, and evidence of employment or residence. Additionally, individuals may need to submit additional forms such as Form I-690 (Application for Waiver of Grounds of Excludability) or Form I-694 (Notice of Appeal or Motion).

5. What are the filing fees associated with a NACARA or HRIFA Green Card application?


The filing fee for a NACARA or HRIFA Green Card application is $930.

6. How long does it typically take to be approved for a NACARA or HRIFA Green Card?


The approval process for NACARA and HRIFA Green Cards can take several months. The time it takes to process a case depends on the individual’s circumstances and the backlog of applications. Generally, applicants should expect a wait time of at least nine months.

7. Are there any special considerations that must be taken into account when applying for a NACARA or HRIFA Green Card?


Yes, there are special considerations that must be taken into account when applying for a NACARA or HRIFA Green Card. NACARA and HRIFA applicants must meet the program’s eligibility requirements and must provide evidence of certain qualifying events, such as a credible fear interview, political persecution, or family reunification. Additionally, NACARA and HRIFA applicants must provide proof of continuous physical presence in the United States since the date of their qualifying event. Finally, NACARA and HRIFA applicants must not be barred from obtaining a green card due to certain criminal convictions, medical conditions, or national security issues.

8. What are the consequences of being denied a green card under NACARA or HRIFA?


If an individual is denied a green card under NACARA or HRIFA, they may be subject to removal or deportation proceedings. Additionally, they may be ineligible for certain immigration benefits going forward.

9. Can family members of an applicant receive green cards under NACARA or HRIFA?


No. U.S. citizens or permanent residents cannot petition for family members under NACARA or HRIFA.

10. Are there any specific documents that must be submitted in support of a NACARA or HRIFA Green Card application?


The documents required vary depending on the individual’s situation, but generally the following documents must be included in a NACARA or HRIFA Green Card application: proof of identity, proof of eligibility for relief under the NACARA or HRIFA program, evidence of any changes in name or other biographic information, a recent passport-style photograph, birth certificate(s), marriage certificate(s), and any other relevant documents.

11. Are there any restrictions on travel for immigrants who are in the U.S. on a NACARA or HRIFA Green Card?


Yes, there are travel restrictions for immigrants who are in the U.S. on a NACARA or HRIFA Green Card. Certain countries are off-limits for travel and immigration authorities may not grant a visa or re-entry permit to these immigrants. Additionally, these immigrants may be subject to additional restrictions and vetting before they can be approved to travel.

12. Are there any special requirements for working while in the U.S. on a NACARA or HRIFA Green Card?


Yes, there are a few special requirements to consider when working while in the U.S. on a NACARA or HRIFA Green Card.

First, applicants must provide evidence of their residence in the United States for at least one year prior to filing their application for permanent residence. In addition, applicants must provide proof that they have been physically present in the U.S. for at least half of that period of time.

Second, applicants must obtain a work permit from the U.S. Department of Homeland Security before they can start legally working in the U.S. This is known as an Employment Authorization Document (EAD) and can be obtained by filing an I-765 form with the USCIS.

Third, applicants must maintain their green card status in order to remain eligible to work in the U.S. This means that they must renew their green card every 10 years and submit evidence of their continued residence in the U.S., or risk having their green card revoked.

Finally, applicants should also be aware that certain types of employment are restricted while holding a NACARA or HRIFA Green Card, such as working with the government or working in certain professions that require a professional license or additional training. It is important to check what restrictions exist before pursuing employment opportunities while holding a NACARA or HRIFA Green Card.

13. How long is a NACARA or HRIFA Green Card active for?


A NACARA or HRIFA green card is active for 10 years.

14. What happens if I need to renew my NACARA or HRIFA Green Card?


You must file Form I-90 with U.S. Citizenship and Immigration Services (USCIS) to renew your NACARA or HRIFA Green Card. You will need to provide evidence that you are still eligible for the relief granted by the NACARA or HRIFA, as well as documents to prove your identity and a passport-style photo. Depending on your individual situation, additional documentation may be requested.

15. Can I become a U.S. citizen if I have a NACARA or HRIFA Green Card?


Yes, you could become a U.S. citizen if you have a NACARA or HRIFA Green Card. You would need to meet all the eligibility requirements to apply for naturalization, which include having lawful permanent resident status (have a green card) for at least five years, good moral character, and passing a U.S. history and civics test.

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:

1. You can apply for U.S. citizenship without the need to adjust your status.
2. You are eligible to receive travel documents that allow you to leave and return to the United States without risk of deportation.
3. You are eligible for most government benefits that U.S. citizens can receive, such as Social Security, Supplemental Security Income (SSI), and Medicare.
4. You can apply for your spouse and children to get permanent resident status as derivatives of your own NACARA or HRIFA Green Card.
5. You are eligible for protection from deportation and removal from the U.S., including protection from orders of voluntary departure or voluntary removal orders from an Immigration Judge.
6. Your NACARA or HRIFA Green Card will not be automatically cancelled if you travel outside the United States for more than one year but less than two years, provided you are returning to the United States with the intent to remain permanently.

17. If I am denied a green card under NACARA or HRIFA, can I appeal the decision?


Yes, you can appeal the decision. Your appeal must be filed with the Board of Immigration Appeals within 30 days of receiving a notice of denial. Additionally, if you have an attorney, you may request a hearing before an immigration judge.

18. How do I prove my eligibility for a green card under NACARA or HRIFA?


You must provide evidence of your eligibility for a green card under NACARA or HRIFA. This could include birth certificates, school records, passport stamps, affidavits from family or friends, or other evidence that shows you are eligible for a green card under either program. You should also submit a completed Form I-485 Application to Register Permanent Residence or Adjust Status, with all the required supporting documents.

19. What are the consequences if I violate the conditions of my NACARA or HRIFA Green Card?


If you violate the conditions of your NACARA or HRIFA Green Card, you may lose your legal status in the US and be deported. You may also be ineligible to apply for other immigration benefits or for US citizenship.

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 request an appeal of the decision within 30 days of the date on which the denial was issued. If this appeal is not successful, you may have to reapply for the Green Card. You should consult with an experienced immigration attorney to discuss your options.