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 certain eligibility requirements. These requirements vary, but generally include having been present in the United States prior to December 31, 1990; having been subject to persecution in your home country; and having arrived in the United States before May 4, 1988. Additionally, you must have filed an asylum application before April 1, 1997 and obtained a final order of removal, exclusion, or deportation. Additional requirements may apply depending on the specific circumstance. For more information, please contact USCIS or an immigration attorney.

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


To be eligible for a NACARA or HRIFA green card, applicants must meet the following requirements:

1. Have been physically present in the U.S. continuously since December 31, 1990, or have been granted Cancellation of Removal or 212(c) relief prior to April 1, 1997;

2. Have a qualifying family relationship with a U.S. citizen or Lawful Permanent Resident (LPR);

3. Have not been convicted of certain criminal offenses or been granted a waiver of inadmissibility;

4. Meet certain other eligibility requirements depending on the category under which they are seeking a green card; and

5. Have filed their application by December 20, 2000, if they are eligible for NACARA or by December 18, 1998, if they are eligible for HRIFA.

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


You must complete and submit Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal to the United States Citizenship and Immigration Services (USCIS). Depending on the type of NACARA or HRIFA benefit you are applying for, you may also have to submit additional evidence or documentation along with your Form I-881.

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


Yes, depending on the type of application being submitted, there are specific forms needed. The USCIS website provides a list of the forms needed for NACARA and HRIFA applications, including the Application to Register Permanent Residence or Adjust Status (Form I-485), the Affidavit of Support (Form I-864), and other supporting documents.

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


The fee for filing Form I-485, Application to Register Permanent Residence or Adjust Status, is $1,140. If you are also filing Form I-765, Application for Employment Authorization, the fee is an additional $410. Additionally, there is a biometric services fee of $85.

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


The processing time for a NACARA or HRIFA Green Card application varies depending on the applicant’s individual circumstances. Generally, it takes around 6-12 months for USCIS to issue a decision on an application.

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 to be taken into account when applying for a NACARA or HRIFA Green Card. The applicant must meet all of the eligibility criteria for the program and must submit all of the required documents. Additionally, applicants must pay all applicable fees, and may need to provide additional evidence of their eligibility, such as affidavits or other documents. Applicants should be aware that certain applicants may be barred from applying under these programs, such as those with certain criminal convictions or with certain types of national security concerns.

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


Under NACARA and HRIFA, applicants who are denied a green card must leave the United States and return to their country of origin. Additionally, they may be ineligible to apply for a green card in the future. Furthermore, they may not be able to re-enter the United States without facing legal repercussions for immigration violations.

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


No, family members of an applicant are not eligible to receive green cards under NACARA or HRIFA.

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


Yes. Depending on the type of NACARA or HRIFA Green Card application, an applicant may be required to submit a variety of documents including: a valid passport; birth certificate; marriage certificate; proof of any military service; court records; affidavits from witnesses; proof of qualifying employment or residence; evidence of any criminal history; copies of prior immigration applications or decisions; proof of payment of fees; and other documents as requested by the U.S. Citizenship and Immigration Services (USCIS).

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 restrictions on travel for immigrants who are in the U.S. on a NACARA or HRIFA Green Card. Most notably, immigrants who have been granted lawful permanent residence (LPR) status under either program may not travel outside the United States for more than 90 days at a time without first receiving special permission from the U.S. Citizenship and Immigration Services (USCIS). This permission is known as advance parole, and can be obtained by submitting an I-131 application to USCIS prior to the proposed travel.

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


Yes, there are special requirements for working while in the United States on a NACARA or HRIFA Green Card. The applicant must obtain employment authorization from USCIS before beginning any paid work or self-employment in the United States. In many cases, U.S. employers must also file a Form I-140, Immigrant Petition for Alien Worker, with USCIS to sponsor the individual for lawful permanent residence (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?


If you need to renew your NACARA or HRIFA Green Card, you must file a new Form I-485, Application to Register Permanent Residence or Adjust Status. You must also submit all of the necessary supporting documents, such as proof of qualifying for the NACARA or HRIFA benefit.

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


Yes. It is possible to become a U.S. citizen if you have a NACARA or HRIFA Green Card. In order to do so, you must first fulfill the requirements of a permanent resident for at least five years and then apply for citizenship by filing Form N-400, Application for Naturalization.

16. What are some of the benefits of having a NACARA or HRIFA Green Card?


Some of the benefits of having a NACARA or HRIFA Green Card include permission to live and work in the United States on a permanent basis, eligibility to receive certain public benefits, including Medicaid and Food Stamps, the ability to travel outside the United States and return and freedom from being deported or removed from the United States. Additionally, if certain conditions are met, these Green Card holders may be eligible to apply for US citizenship.

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


Yes, you can appeal the decision. If you believe your application was denied in error, you can file an appeal with the Board of Immigration Appeals. An experienced immigration attorney can help you prepare your appeal and submit it to the appropriate government agency.

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


If you are seeking a green card through NACARA or HRIFA, you will need to provide documentation that proves your eligibility for the program. This documentation could include proof of your nationality, identity, and/or residence in the eligible country. Additionally, you may need to provide evidence of your immigration or citizenship status and any other relevant information. Finally, you will need to submit an application form, along with the required documents to the U.S. Citizenship and Immigration Services (USCIS).

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 could lose your permanent resident status, be placed in removal proceedings, and face deportation.

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 can file an appeal within 30 days of the denial. You must file the appeal with the Board of Immigration Appeals (BIA). If your appeal is denied, you may be able to file a petition for review in the appropriate federal court.