Frequently Asked Questions About NACARA

Frequently Asked Questions Regarding Nicaraguan Adjustment and Central American Relief Act (NACARA)

 

What does it mean to have “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 USCIS even if they have not been placed in deportation or removal proceedings before an immigration judge. For information on eligibility to apply with the USCIS, please feel free to call or email our experienced Los Angeles immigration attorneys.  We can help you today!  [LINK TO CONTACT JCS]

 

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 a 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, contact our experienced Los Angeles immigration attorneys today! [LINK TO CONTACT JCS]

 

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 USCIS will categorically apply for special rule cancellation of removal. After you submit an application for NACARA 203 relief, the USCIS or the immigration judge will determine whether you are applying for suspension of deportation or special rule cancellation of removal.

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