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NACARA Section 203 to gain Resident Status
Overview of NACARA 203
Suspension of Deportation and Special Rule Cancellation of Removal Defined
Eligibility
On November 19, 1997, President Clinton signed into law the Nicaraguan Adjustment and Central American Relief Act (NACARA). NACARA provides various forms of immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents. The Victims of Trafficking and Violence Protection Act of 2000, signed into law on October 28, 2000, added two more categories of individuals eligible to apply for relief from removal under NACARA.
Section 203 of NACARA (”NACARA 203″) applies to certain Guatemalans, Salvadorans and nationals of former Soviet bloc countries who entered the United States by specified dates and applied for asylum or registered for benefits under the settlement agreement in the class action lawsuit American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) (ABC). After October, 2000, it also applies to their qualified family members and to certain individuals who have been battered or subjected to extreme cruelty by a lawful permanent resident, United States citizen, or by certain NACARA 203 beneficiaries. Section 203 of NACARA allows qualified individuals to apply for suspension of deportation or for cancellation of removal (?NACARA 203 relief?) under the standards similar to those in effect before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. At the same time an individual is granted NACARA 203 relief, he or she is also given lawful permanent resident status.
Section 203 of NACARA was effective upon enactment of NACARA (November 19, 1997) for those individuals applying for relief in immigration court. The interim regulations implementing section 203, which became effective June 21, 1999, allow certain individuals to file applications for NACARA 203 relief with the INS.

What are suspension of deportation and special rule cancellation of removal?
These are forms of relief from deportation or removal. Traditionally, suspension of deportation and cancellation of removal have only been available to eligible individuals who are in deportation or removal proceedings in Immigration Court. However, regulations implementing NACARA 203 allow certain individuals to apply for relief with the INS even if they have not been placed in deportation or removal proceedings before an immigration judge.
If I am granted NACARA suspension of deportation or special rule cancellation of removal, what will my status in the United States be?
Individuals granted relief under section 203 of NACARA will have their status adjusted to that of lawful permanent resident and will obtain an I-551, Permanent Residence Card, commonly referred to as a ?green card.?
Is there any difference between suspension of deportation and special rule cancellation of removal?
Whether an individual is granted suspension of deportation or special rule cancellation of removal, his or her status will be adjusted to that of a lawful permanent resident. However, there are some differences in the requirements for establishing eligibility for these two forms of relief. For example, the two forms of relief have different rules regarding which absences from the United States will break continuous physical presence, and there are also differences concerning the types of activities that will bar a person from being granted relief from deportation or removal. If you would like further information on these differences, you should talk with someone experienced with immigration matters.
How do I know whether I am applying for NACARA suspension of deportation or special rule cancellation of removal?
It depends on whether or not you were placed in deportation proceedings before April 1, 1997. If you were placed in deportation proceedings and those proceedings have not been terminated, then you will be applying for suspension of deportation. If you are in removal proceedings, then you will be applying for special rule cancellation of removal. Individuals who have never been placed in deportation or removal proceedings and are eligible to apply for NACARA 203 relief with the INS will automatically be asking for special rule cancellation of removal. After you submit an application for NACARA 203 relief, INS or the immigration judge will determine whether you are applying for suspension of deportation or special rule cancellation of removal.
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NACARA 203: Eligibility
Who is eligible to apply for relief under section 203 of NACARA?
NOTE: If you establish that you are eligible to apply for NACARA 203 relief, you must then show that you are eligible to be granted relief. See the response below to What must I establish to be granted NACARA suspension of deportation or the special rule cancellation of removal
Individuals who have been convicted of an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act are not eligible to apply for NACARA 203 relief. Individuals subject to an outstanding final order of deportation or removal are not eligible to apply for NACARA 203 relief unless they are first granted a motion to reopen proceedings in Immigration Court.
To be eligible to apply for NACARA 203 relief, an individual must fall within one of the following groups.
A Guatemalan national who:
first entered the United States on or before October 1, 1990 (ABC class member);
registered for ABC benefits: on or before December 31, 1991; and
has not been apprehended at time of entry after December 19, 1990.
A Salvadoran national who:
first entered the United States on or before September 19, 1990 (ABC class member);
registered for ABC benefits on or before October 31, 1991 (either by direct registration or by applying for Temporary Protected Status - TPS);
and
has not been apprehended at time of entry after December 19, 1990.
A Guatemalan or Salvadoran national who filed an application for asylum on or before April 1, 1990.
An individual who:
entered the United States on or before December 31, 1990;
applied for asylum on or before December 31, 1991; and
at the time of filing the application was a national of one of the former Soviet bloc countries, which are the Soviet Union, Russia, any republic of the former Soviet Union, Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Yugoslavia, or any state of the former Yugoslavia.
A ?qualified family member? of an individual in one of the above categories. A qualified family member is the spouse, child, unmarried son, or unmarried daughter of an individual described in paragraph (A), (B), (C) or (D) above, who has been granted suspension of deportation or cancellation of removal. The relationship of the qualified family member to the spouse or parent must exist at the time that the spouse or parent is granted suspension of deportation or cancellation of removal. An unmarried son or unmarried daughter who is 21 years of age or older at the time the parent is granted the relief must also have entered the United States on or before October 1, 1990, in order to be a qualified family member eligible to apply for relief under section 203 of NACARA.
An alien who was issued an Order to Show Cause or was in deportation proceedings before April 1, 1997, and who applied for suspension of deportation under section 244(a)(3) of the INA, as in effect prior to April 1, 1997, (applies to someone who has been battered or subjected to extreme cruelty by a spouse or parent who is a US citizen or lawful permanent resident (LPR) or who is the parent of a child of a US citizen or LPR who has been battered or subjected to extreme cruelty by a US citizen or LPR).
An alien who was the spouse or child of an individual described in paragraph (A), (B), (C), or (D) and the spouse, child or child of the spouse has been battered or subjected to extreme cruelty by an individual described in paragraph (A), (B), (C), or (D). The spousal or parental relationship must have existed at the time the individual described in paragraph (A), (B), (C), or (D) had a decision made on the application for suspension of deportation or cancellation of removal, filed the application, registered for ABC benefits, applied for TPS, or applied for asylum.
Persons subject to outstanding final orders of deportation or removal:
If you are described in paragraph (A), (B), (C), (D), or (E) above, but you have received a final order of deportation or removal, you must have filed a motion to reopen with the Executive Office for Immigration Review by September 11, 1998. If you did not file a motion to reopen by that date, you should talk with someone experienced with immigration proceedings to determine if it is still possible to file a late motion to reopen. If you do not believe you are still subject to the final order of deportation or removal, you should talk with someone experienced with immigration proceedings to help you assess whether you may be eligible to apply for NACARA 203 relief.
What must I do to be granted suspension of deportation or cancellation of removal under NACARA 203?
After you determine that you are eligible to apply for NACARA 203 relief, you must establish that you are eligible to be granted NACARA 203 relief. If you are described in paragraph (A), (B), (C), (D), or (E) in the section Who is eligible to apply for relief under section 203 of NACARA? you must establish:
seven years of continuous physical presence in the United States;
good moral character during those seven years;
that your deportation or removal would result in extreme hardship to you or to your spouse, child, or parent who is a U.S. citizen or lawful permanent resident; and
you merit a favorable exercise of discretion.
If you have been convicted of certain crimes, you may still be eligible to apply under a heightened standard, depending on the type of crime committed. The heightened standard includes, among other requirements, a longer continuous physical presence in the United States (10 years) and a higher degree of hardship if you are removed or deported. If you have applied with the INS and you are subject to the heightened standard, the INS will refer your NACARA application to the Immigration Court for a decision. Anyone convicted at any time of a crime defined as an aggravated felony under section 101(a)(43) of the Immigration and Nationality Act is not eligible to apply.
If you are described in paragraph (F) or (G) in the section Who is eligible to apply for relief under section 203 of NACARA? you must establish:
three years of continuous physical presence in the United States;
good moral character during those three years;
that your deportation or removal would result in extreme hardship to you or to your spouse, child, or parent who is a U.S. citizen or lawful permanent resident; and
you merit a favorable exercise of discretion.
Who has the burden of proof?
The applicant has the burden of establishing the requirements described above.
However, if you are an individual who is eligible to apply for NACARA 203 relief because you are either 1) a Guatemalan or Salvadoran ABC-registered class member or 2) a Guatemalan or Salvadoran who applied for asylum by April 1, 1990, you will be presumed to meet the extreme hardship requirement, unless evidence in the record establishes that neither you nor any qualified relative would experience extreme hardship if you are removed from the United States.
If I am eligible to file for NACARA 203 relief because I am a Qualified Family Member, do I have to prove all the elements required to establish eligibility for suspension of deportation or special rule cancellation of removal?
Yes. A spouse, child, unmarried son or unmarried daughter of someone granted NACARA 203 relief must submit his or her own NACARA application. To be granted NACARA 203 relief as a qualified family member you must establish the following:
You have seven years of continuous physical presence in the United States;
You have had good moral character during those seven years;
Your deportation or removal would result in extreme hardship to you or to your spouse, child, or parent who is a U.S. citizen or lawful permanent resident; and
You merit a favorable exercise of discretion.
If you have been convicted of certain crimes you may still be eligible to apply under a heightened standard, depending on the type of crime committed. The heightened standard includes, among other requirements, a longer continuous physical presence in the United States (10 years) and a higher degree of hardship if you are removed or deported. If you have applied with the INS and you are subject to the heightened standard, the INS will refer your NACARA application to the Immigration Court for a decision.
If you are described in paragraph (F) or (G) in the section Who is eligible to apply for relief under section 203 of NACARA? you must establish:
three years of continuous physical presence in the United States;
good moral character during those three years;
that your deportation or removal would result in extreme hardship to you or to your spouse, child, or parent who is a U.S. citizen or lawful permanent resident; and
you merit a favorable exercise of discretion.
Anyone convicted at any time of a crime defined as an aggravated felony under section 101(a)(43) of the Immigration and Nationality Act is not eligible to apply.
Return to NACARA 203

NACARA 203: Eligibility to Apply with the INS
Can I apply for NACARA 203 relief with the INS?
You can apply for NACARA 203 relief with the INS only if you have not been convicted of an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act, you are not subject to an outstanding final order of deportation or removal, you are not in exclusion proceedings, and you are one of the following (see chart of eligibility to apply with INS):
A Guatemalan ABC-registered class member who filed for asylum on or before January 3, 1995, and the INS has not issued a final decision on that asylum application.
A Salvadoran ABC-registered class member who filed for asylum on or before February 16, 1996, and the INS has not issued a final decision on that asylum application.
(Note: Under the terms of the ABC settlement agreement, the INS sent Notice 5 to all Salvadorans who registered for ABC benefits by filing for Temporary Protected Status (TPS). Notice 5 informed Salvadorans who applied for TPS of the deadline for filing their ABC asylum applications. If a Salvadoran who applied for TPS establishes that he or she was not properly sent Notice 5 back in 1995, then that person has 90 days from the date Notice 5 is properly issued to file an asylum application under the terms of the ABC settlement agreement.)
A Guatemalan or Salvadoran who filed an application for asylum on or before April 1, 1990, and the INS has not issued a final decision on that asylum application.
An individual who entered the United States on or before December 31, 1990, filed for asylum on or before December 31, 1991, and was a former Soviet bloc national at the time of filing, and the INS has not issued a final decision on that asylum application.
A NACARA qualified family member and either 1) the INS has granted your parent or spouse suspension of deportation or cancellation of removal, or 2) your parent or spouse has a NACARA application pending with the INS. In addition, if you are in deportation or removal proceedings, those proceedings must be administratively closed or have been continued on while on appeal before you can file a NACARA application with the INS.
All other individuals who are eligible to apply for NACARA 203 relief can only file their NACARA applications with the Immigration Court after they are placed in proceedings before an Immigration Judge.
If I have never been in deportation or removal proceedings before an immigration judge and I am eligible to apply for NACARA 203 relief, will I be allowed to file my NACARA 203 application with the INS?
Only certain individuals are eligible to file their applications for NACARA 203 relief with the INS. Some individuals who are not presently in deportation or removal proceedings are not eligible to file their NACARA applications with the INS.
Examples of persons who are not eligible to file their NACARA applications with the INS on their own:
A Guatemalan or Salvadoran ABC class member who registered for benefits under the settlement agreement, but did not file an asylum application by the required ABC deadline (Guatemalans ? by January 3, 1995; Salvadorans ? by February 16, 1996, or 90 days after Notice 5 is issued).
A Guatemalan or Salvadoran ABC class member who registered for benefits under the settlement agreement and filed his/her asylum application by the required deadline, but has already been interviewed and received a final decision on that application under the terms of the settlement agreement.
A Guatemalan or Salvadoran national who applied for asylum with the INS on or before April 1, 1990, but has already been issued a final decision on that asylum application by the INS.
A national of one of the former Soviet Bloc countries who entered the United States and filed for asylum with the INS by the required dates under NACARA, but has already been issued a final decision on that asylum application by the INS.
An individual who is eligible to apply on the basis of being a qualified family member and whose spouse or parent has been granted NACARA 203 relief by an immigration judge or the Board of Immigration Appeals not by the INS.
If you fall into one of the above categories, you will only be eligible to file your NACARA application with the INS if your parent or spouse is also NACARA-eligible, has filed a NACARA application with the INS, and that application is still pending or has been approved by the INS.
If you are not eligible to file your application for NACARA 203 relief with the INS, you can only file your NACARA application with the Immigration Court if you are placed into deportation or removal proceedings.
If I am eligible to apply for NACARA 203 relief, but cannot apply with the INS, how do I apply?
If you are not eligible to file for NACARA 203 relief with the INS, you can only apply if you are placed in deportation or removal proceedings before an immigration judge. If you are not presently in such proceedings, the INS must first determine that you are residing in the United States illegally and issue charging documents before you can be placed in removal proceedings before an immigration judge. To be issued a charging document, you may go to your local INS district office and request charging documents to place you in removal proceedings. The INS district office may exercise prosecutorial discretion and choose not to issue the charging documents you are requesting, depending on the resources of that office. The charging document will tell you when you should appear in front of the immigration judge and the judge will explain the forms of relief available to you. If suspension of deportation or cancellation of removal under section 203 of NACARA is an available form of relief, the judge will explain the application process to you.
If you would like further information on applying for NACARA relief through the courts, you should speak with someone experienced with immigration matters.
What is the difference between applying with the INS and with an immigration judge?
There is no difference in the eligibility standards applied by the INS and an immigration judge. Prior to publication of the regulations implementing section 203 of NACARA (effective June 21, 1999), only an immigration judge or the Board of Immigration Appeals could adjudicate a request for suspension of deportation or special rule cancellation of removal. The Attorney General decided to give INS asylum officers authority to adjudicate certain applications for NACARA 203 relief because most of the eligible individuals have asylum applications pending with the INS, including most of the approximately 240,000 registered ABC class members. Allowing these individuals and their qualified family members to apply for relief under section 203 while their asylum applications are pending with the INS Asylum Program provides an efficient method for resolving most of the claims at an earlier stage in the administrative process.
The relief offered by the Immigration Court and the Asylum Program is the same. However, the process for applying in Immigration Court is different from the process for applying with the INS, and the required fee is different. Individuals who apply in Immigration Court must complete the NACARA 203 application - Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal and give the required documents to both the Immigration Court and the INS District Counsel. The clerk of the Immigration Court can provide information outlining all the documents that must be completed, and which ones need to be given to the Immigration Court and the INS District Counsel. The fee for applying in Immigration Court is $100. No more than $100 will be charged whenever applications are filed by two or more individuals in the same proceedings in Immigration Court.
The same application, Form I-881, is used to apply for NACARA 203 relief with the INS, but the fee is higher. Read more on how to apply with the INS.
NACARA 203: How to Apply with the INS
How do I apply for NACARA 203 relief with the INS?
A separate Form I-881, Application for Suspension of Deportation or Special Rule Cancellation or Removal under section 203 of NACARA, must be completed and submitted for each person applying for NACARA suspension of deportation or special rule cancellation of removal.
Each applicant must send the following documents to the appropriate INS Service Center:
An original completed Form I-881
One copy of the completed Form I-881
Four ADIT-style photographs
Payment of the appropriate fee
The fees to apply with the INS for NACARA 203 relief are described on the Forms Entry page for each form you will file, and in the Fingerprinting page.
The application fee for an individual or for a family (if all applications are submitted together in a single packet);
Each applicant 14 years of age or older must also submit a fingerprinting fee
Applicants who wish to apply for employment authorization must submit a fee, along with the Form I-765, Application for Employment Authorization. The fee should be submitted in a separate check or money order from the fee submitted with the NACARA application.
If you are eligible to apply with the INS, you should mail your application to the designated Service Center, based on where you live.
Those living in:
Alabama, Arkansas, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, the Commonwealth of Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, the United States Virgin Islands, Vermont, Virginia, West Virginia, or Wyoming
Mail applications to:
USINS Vermont Service Center
Attn: I-881
75 Lower Welden St.
St. Albans, VT 05479-0881
Those living in:
Alaska, Arizona, California, the Commonwealth of Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Oregon, Ohio, South Dakota, Washington, or Wisconsin
Mail applications to:
USINS California Service Center
P.O. Box 10881
Laguna Niguel, CA 92607-0881
When I submit my application for NACARA 203 relief, should I submit documentation to help prove that I am eligible for suspension of deportation or special rule cancellation of removal?
Yes. You are encouraged to include supporting documents to show you have maintained continuous physical presence in the United States for the previous seven years, that you have had good moral character during those seven years, and that your removal would result in extreme hardship to you or to your spouse, child or parent who is a U.S. citizen or lawful permanent resident. If you are eligible for the presumption of extreme hardship you are not required to submit documents supporting your claim to extreme hardship with your initial NACARA application. However, you must answer all the questions, including an explanation of your answers where requested, related to hardship on the NACARA application. You should also submit all tax returns you have filed for the last seven years. This will expedite the interview and decision process. You may also be asked to provide additional documentation at your interview.
If you are eligible to apply for NACARA relief as a qualified family member of someone described in paragraph A, B, C or D of ?Who is eligible to apply for relief under section 203 of NACARA?? you should submit proof of your relationship to that individual.
NACARA 203: The Decision-Making Process (Fingerprinting, Interview, Receipt of Decision)
What happens after I file my application with the INS?
After you file a Form I-881 with the INS, you will receive in the mail a notice acknowledging that the INS has received your application. You will later receive in the mail a notice with an appointment date for you to have your fingerprints taken at an Application Support Center (ASC). Because many applications are still pending, most NACARA applicants are no longer immediately scheduled for fingerprinting appointments upon the filing of the NACARA application. Therefore, you may experience a delay between the time you submit your NACARA application and the time you receive a fingerprinting appointment notice. Once your fingerprints have been taken, your fingerprints will be sent to the FBI for a background check. You will not be scheduled for an interview with an asylum officer until the background check is complete. If you have a pending asylum application with the INS, you should be prepared to answer questions about both your NACARA and asylum applications at the interview.
Will I need to get fingerprinted?
Every applicant who is 14 years of age or older must be fingerprinted to apply for relief under NACARA 203.
Once your fingerprints have been taken, they will be sent to the FBI for a background check. The procedures for having your fingerprints taken are described on our Fingerprints page.
If you are 14 years old or older, the INS will schedule you for an interview with an asylum officer only after the background check by the FBI is completed.
When will I receive my notice to have my fingerprints taken?
Individuals whose NACARA applications were received by the Service Center before July 2000 should have already received a notice to go to an Application Support Center (ASC) for fingerprinting. If you believe your NACARA application was received by a Service Center before July 2000 and you have not received a fingerprint notice, you should submit a request to be scheduled for fingerprints, in writing, to the mailing address of the Asylum Office listed on the receipt notice showing you filed an I-881.
In July 2000, the Service stopped automatically scheduling fingerprint appointments for individuals upon the filing of a NACARA application, with certain exceptions, to prevent the expiration of the FBI fingerprint check responses before the date of the NACARA interviews. The FBI response regarding an applicant’s background expires 15 months after the review of the fingerprints by the FBI. The INS cannot grant NACARA relief to an individual if the fingerprint response from the FBI has expired. Therefore, the Service currently schedules a limited number of NACARA applicants for fingerprinting appointments based on the projected number of interviews each Asylum Office will conduct each year. Additionally, the Service makes every effort to schedule for a fingerprinting appointment any applicant who has a child who will turn 21 years old within the next year and the child entered the United States after October 1, 1990. (See What if I need an expedited interview and have not had my fingerprints taken?.) Upon the filing of a NACARA application, the INS will automatically schedule an individual for fingerprints if the individual has a dependent aged 20 on his or her pending asylum application.
What if I need an expedited interview and have not had my fingerprints taken?
The INS is aware that, in certain very limited circumstances, there may be compelling reasons an individual would want to expedite the fingerprinting process. One reason for requesting expedited scheduling for a fingerprinting appointment may be the approaching 21st birthday of a NACARA applicant?s child in the United States. A child who is not independently eligible to apply for NACARA 203 relief and is only eligible to apply for NACARA 203 relief as a qualified family member will also be required to show that he or she entered the United States on or before October 1, 1990, unless the parent is granted NACARA 203 relief before the child turns 21. Click here for information on eligibility to apply as a qualified family member.
The INS will schedule an individual for fingerprints if the INS discovers the individual has a child who will turn 21 years old within the next year and the child entered the United States after October 1, 1990. If you have not been scheduled for fingerprinting, you have a child in the United States who will turn 21 years old within the next year, and the child did not enter the United States before October 1, 1990, you should submit a request to be scheduled for fingerprints, in writing, to the mailing address of the Asylum Office listed on the receipt notice showing you filed an I-881. You should explain in your request to be fingerprinted that your child in the United States will turn 21 within the next year.
When will I be scheduled for an interview?
The INS cannot provide a specific time period when you will be scheduled for interview. The INS gives priority scheduling to individuals who have children in the United States who entered the United States after October 1, 1990 and who will turn 21 within a year. This is to prevent them from losing eligibility to apply because they turn 21 before their parents? applications are decided. The INS is also making every effort to schedule individuals who have already been fingerprinted in connection with filing of a NACARA 203 application and the INS has received a response on those fingerprints. Of those individuals who have been fingerprinted and a response has been received, the INS generally schedules interviews in order of the submission date of the I-881. Due to a backlog of NACARA 203 applications, you may experience a delay between the time you file your application and the time you are scheduled for an interview. Also, if you live in an area where the INS Asylum Office does not have permanent staff on location it may take longer to be scheduled for your interview. The INS is working on increasing its resources to decrease the amount of time NACARA 203 applicants must wait to have their applications decided.
Is it possible to ask the INS to expedite the scheduling of my NACARA request for interview?
The INS understands that, in certain very limited circumstances, there may be compelling reasons for an applicant to request to expedite the scheduling of an individual’s NACARA and/or asylum interview. Requests should be submitted in writing to the Asylum Office that has jurisdiction over your application. The Asylum Office?s mailing address is listed on the receipt notice you receive after you file your I-881 with the Service Center. The request should outline the reasons why you believe that an expedited interview is necessary.
Children Turning 21 Years Old: One reason for requesting expedited scheduling may be the approaching 21st birthday of an asylum/NACARA applicant?s child in the United States. A child who turns 21 can no longer be included as a dependent on his or her parent’s asylum application. A child who is not independently eligible to apply for NACARA 203 relief and is only eligible to apply for NACARA 203 relief as a qualified family member will also be required to show that he or she entered the United States on or before October 1, 1990, unless the parent is granted NACARA 203 relief before the child turns 21. Click here for information on eligibility to apply as a qualified family member
Once I receive my interview notice, what preparations must I make for appearing at my interview?
If you have both a pending asylum application and NACARA application with the INS, you should be prepared to answer questions about both your NACARA and asylum applications at the interview.
If you have included dependent family members on your asylum application, those family members must come with you to the interview.
You are entitled to bring an attorney or accredited representative with you to your interview with the asylum officer at your own expense.
If you do not feel comfortable speaking in English, you must bring an interpreter who is fluent in English and your native language. The cost of the interpretation is also at your own expense. The interpreter must be at least 18 years of age and cannot be your attorney or representative or a witness testifying on your behalf. If you also have an asylum application pending, the interpreter cannot be a representative or employee of your home country.
In order to receive your decision as quickly as possible after the interview, please be prepared to give the asylum officer any documents needed to establish eligibility to be granted relief under section 203 of NACARA. Such documents may include:
proof of your relationship to family members (marriage/birth certificates);
proof that you have filed income taxes during the seven years of continuous physical presence;
proof of hardships you and/or your family members would suffer if you are removed from the United States; and
court disposition documents related to any past criminal proceedings or serious traffic violations.
You should also bring any passport, travel documents, and other forms of identification with you. If you have a valid passport and the INS approves your NACARA application, your passport will be stamped with temporary evidence of your lawful permanent resident status.
What if I can?t go to my scheduled interview?
If you cannot make it to your scheduled interview, it is very important that you contact INS before your scheduled interview date.
You can do so by noting the reason on your interview notice, signing the notice, and mailing the notice to the asylum office where your interview is scheduled, or you may send a written request to reschedule. Rescheduling is permitted only once without a reasonable excuse for rescheduling if the request to reschedule is received at least 2 days before the scheduled interview date. Other requests to reschedule an interview, including those submitted after the interview date, and may be granted if you provide a reasonable excuse for not appearing.
If you fail to go to your interview, without notifying the INS, you must provide a reasonable excuse as soon as possible following the scheduled interview date. If you do not do so, your NACARA application may be dismissed or referred to an immigration judge, and any asylum request you have pending with the INS may be denied or closed, unless you show compelling circumstances for the delay in providing a reasonable excuse.
It is not possible to reschedule by phone. All rescheduling requests must be made in writing to the INS asylum office that scheduled your interview.
To avoid scheduling difficulties you should always notify the INS of all changes in address. You should submit the change of address to the Asylum Office that has jurisdiction over your application. The law requires you to notify the INS within 10 days of your change of address.
What will my interview be like?
The interview will be conducted in a non-adversarial manner; it is not a court hearing. Your attorney or accredited representative may be allowed to make a statement in support of your case at the end of the interview.
If you have both a NACARA and asylum application pending with the INS, you will normally be interviewed on your NACARA application first. If you are granted NACARA relief after the NACARA interview, you will then be given the option to continue with an asylum interview or to withdraw your asylum application. In order to make this decision, you may wish to talk with someone experienced with immigration matters, prior to the interview to help you decide what to do.
When will I be told of the decision on my NACARA application by the INS?
You may be told the decision on the day of your interview. If the INS does not tell you the decision on the day of your interview, the INS will either ask you to return to the asylum office to receive the decision at a later date, or you will be sent the decision by mail.
If I am told that I am eligible to have my NACARA application approved, will I be required to do or say anything else before being granted lawful permanent resident status?
Yes. After you are told that the INS intends to approve your NACARA application, you will be asked to sign a document in which you admit that you are inadmissible or deportable. This is necessary because the INS cannot approve your NACARA application until it is determined that you are inadmissible or deportable. Once you sign this admission document, your NACARA application can be approved, and the INS will grant you lawful permanent resident status.
If I sign the admission of inadmissibility or deportability, what am I admitting?
You are admitting that you have taken actions that make you inadmissible or deportable under United States? immigration law. For example, if you entered the United States illegally or overstayed your non-immigrant visa, you are subject to a ground of inadmissibility or deportability under U.S. immigration law. Even if you presently have a work authorization card and a pending asylum application, you may still be inadmissible or deportable. The INS will only ask you to sign the admission document if the INS is going to approve your NACARA application and grant you lawful permanent resident status.
What will happen if I do not sign the document admitting that I am inadmissible or deportable?
If you do not sign the admission document, the INS will not be able to grant your NACARA application. In most cases, your application will be referred to an immigration judge for a decision. You may wish to consult with an attorney or representative before your interview if you have any concerns about signing a document in which you admit that you are inadmissible or deportable.
What will happen if my NACARA application is approved by the INS?
If the INS approves your NACARA application, you will be granted lawful permanent resident status in the United States. If your NACARA application is approved on the day of your interview, the Asylum Office will immediately give you temporary evidence of your lawful permanent resident status, and the INS will later send you a Permanent Resident Card (commonly known as a ?green card?) by mail. If your NACARA application is approved sometime after the day of interview, you will receive temporary evidence of your lawful permanent resident status either when you return to the asylum office to receive the decision or by mail.
If my NACARA application is approved, what will happen to my asylum application?
Even if your NACARA application is approved, you are still eligible under the law to seek asylum in the United States. Once your NACARA application is approved, you will be asked whether you want to continue to seek asylum in the United States or withdraw your asylum application.
What are the possible reasons for wanting to continue with my asylum claim if my NACARA application is approved and I am granted permanent resident status?
Under United States law, any alien present in the United States is permitted to apply for asylum regardless of the alien?s status. A NACARA beneficiary may want to pursue an asylum application because a grant of asylum permits a dependent spouse or unmarried child under the age of 21 who is included in the asylum application to be granted asylum. If the spouse or unmarried child is not included in the asylum application or is outside the United States at the time the application is approved, the applicant may petition to give such dependents derivative asylum status. Upon approval of the petition, those dependent(s) residing outside the United States may then be allowed to join the applicant in the United States. There may also be certain public assistance benefits that are available based on an approved asylum application. You may wish to consult with an attorney or representative before your interview if you have any concerns about withdrawing an asylum application.
What happens if the INS determines that I am not eligible for NACARA 203 relief?
When the INS interviews you regarding your NACARA eligibility, you will also be interviewed regarding your eligibility for asylum if you have an asylum application pending with the INS. If the INS cannot grant NACARA relief and your asylum application is approved, your NACARA application will be dismissed. If the INS cannot grant your NACARA application and your asylum application is not approved, or you did not have a pending asylum application with the INS, your NACARA application will be sent to the Immigration Court in most instances. The INS does not have authority to deny an application for relief under NACARA. Therefore, if the INS cannot approve your application and you appear inadmissible or deportable, your NACARA application will be sent to the Immigration Court for an immigration judge to decide whether you are eligible for NACARA 203 relief.

NACARA 203: Employment Authorization
Am I permitted to work if I apply for relief under NACARA 203?
Most individuals who are eligible to apply for relief under NACARA 203 already have asylum applications that have been pending with the INS for more than 150 days and may apply for and receive an employment authorization document (EAD) based on the pending asylum application. However, if you do not have employment authorization, you may apply for employment authorization if your Form I-881, Application for Suspension of Deportation or Special Rule Cancellation or Removal under section 203 of NACARA, is properly filed and accepted by the INS or the Executive Office of Immigration Review. See 8 CFR. ¡ì274a.12(c) (10)
How do I apply for employment authorization based on a pending NACARA 203 application?
To apply for employment authorization, you should complete the Form I-765, Application for Employment Authorization. For details on applying, see How Do I Get a Work Permit (Employment Authorization Document)? Instructions for the form explain how to complete the form, how to apply, and where to send the completed form. Your response to question 16 on the form I-765 should be (c)(10).
Please be sure to note the fee described on the I-765 Form Entry Page. If you send the INS a Form I-765, Application for Employment Authorization, at the same time you send in your NACARA 203 application (Form I-881), please be sure to include the I-765 fee in a separate check or money order from the check or money order for your Form I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal, and fingerprinting fee.
For example, if you are applying for NACARA 203 relief and are also applying for employment authorization based on your NACARA 203 application, you should send a check or money order for the fee for NACARA 203 application and the fee for fingerprinting (if you are 14 years of age or older) and a separate check or money order for your application for employment authorization. For information regarding fee waivers, see Fees and Fee Waiver Information on the Forms and Fees page.
Where to send the application: Where you send your application depends on 1) whether you are applying for NACARA 203 relief for the first time with the Immigration Court or for the first time with the INS and 2) where you live.
Applicants with a NACARA 203 application (Form I-881) pending with the INS: If you are filing a Form I-881 with the INS, you may file an employment application at the same time you file the Form I-881. If your I-881 application is still pending with the INS and you wish to renew your employment authorization document (EAD), mail the form I-765 with the required fee to the appropriate INS Service Center indicated below:
Applicants applying before the Immigration Court or Board of Immigration Appeals: If your I-881 is pending with the Immigration Court or Board of Immigration Appeals, you may apply for employment authorization at the local INS district office (not asylum office) that has jurisdiction over your place of residence.