NACARA Law

For many immigrant families, the NACARA law can be the opportunity to turn a deportation order into lawful permanent residence in the U.S. This relief allows certain nationals of Nicaragua, Cuba, El Salvador, Guatemala and countries of the former Soviet bloc to apply for suspension of deportation or cancellation of removal.

At Lluis Law, our immigration lawyers in Los Angeles work on NACARA cases every day. The first step is to confirm whether you fall into one of the covered categories and, if so, to file a strong and consistent application.

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In the following lines, you will clearly see what the NACARA law is, who can benefit based on country and dates of entry, what requirements apply, how Form I-881 works and what role the lawyer plays in this process.

NACARA law: what it is and how it works

The Nicaraguan Adjustment and Central American Relief Act (NACARA) is a 1997 federal law (Public Law 105-100) that created special immigration benefits for:

• Nicaraguans.
• Cubans.
• Salvadorans.
• Guatemalans.
• Nationals of several countries of the former Soviet bloc and certain qualifying family members.

In practice, when people talk about the “NACARA law” they are usually referring to the suspension of deportation or “special rule cancellation of removal” under section 203, which is requested through Form I-881 and can lead to a Green Card if the case is approved.

NACARA sections 202 and 203

NACARA was enacted after the conflicts of the 1980s and 1990s in Central America and the Soviet bloc. It created two main paths:

• Section 202: A direct path to permanent residence for many Nicaraguans and Cubans. The filing deadlines have already expired; no new applications are accepted today, but those who obtained residence keep their status or are already U.S. citizens.
• Section 203: Allows eligible individuals to request suspension of deportation or special rule cancellation of removal with more favorable requirements than the “regular” cancellation of removal.

Section 203 is tied to the ABC case (American Baptist Churches v. Thornburgh), which provided additional protection to Salvadorans and Guatemalans and allowed them to reopen asylum in the United States applications.

Is the NACARA law still in effect in 2026?

Yes. Section 203 of NACARA is still in force, as long as the person:

• Falls into one of the covered categories (country, date of entry and asylum/ABC requirements).
• Is not disqualified by certain crimes or grounds of inadmissibility (aggravated felonies, national security grounds, relevant immigration fraud, etc.).
• Meets the requirement of 7 years of continuous presence in the U.S. and can show good moral character.

Form I-881 does not have a general filing deadline. Applications under section 203 are governed by 8 CFR part 240, subpart H, which regulates suspension of deportation and special rule cancellation of removal.

Today, jurisdiction over these cases is mixed:

• USCIS adjudicates certain NACARA cases (especially those that stem from affirmative asylum or ABC-related benefits).
• The immigration court (EOIR) decides other cases within deportation proceedings. In these matters, it is crucial to have immigration lawyers specializing in deportation.

The application is filed on Form I-881, “Application for Suspension of Deportation or Special Rule Cancellation of Removal,” whose official instructions are available on the USCIS website.

Who qualifies for the NACARA law by country

The NACARA law has different criteria depending on the country of origin and the dates of entry or asylum filing. These are the main groups.

NACARA for Guatemalans

In general, Guatemalans may qualify if they meet one of the following criteria:

• ABC beneficiaries: Entered the U.S. on or before October 1, 1990, registered for ABC benefits by December 31, 1991, and filed for asylum within the required dates, without being arrested upon entry after December 19, 1990.
• Early asylum: Filed an asylum application on or before April 1, 1990.

If one of these paths is met and the continuous presence and good moral character requirements are also satisfied, it is worth evaluating a NACARA law case.

NACARA for Salvadorans

Among Salvadorans, those who usually qualify are individuals who meet one of these criteria:

• Entered the U.S. before September 19, 1990.
• Filed for TPS or registered for ABC benefits on or before October 31, 1991.
• Were not arrested upon entry after December 19, 1990, and filed affirmative asylum between December 19, 1990, and October 31, 1991.
• In some cases, filed asylum after April 1, 1990, within the ABC framework.

Many Salvadorans who registered under ABC or had TPS years ago may fit within NACARA if they also meet the presence and background requirements.

NACARA for Nicaraguans and Cubans

For Nicaraguans and Cubans, the NACARA law works as follows:

• Section 202: A direct path to residence for many Nicaraguans and Cubans, now closed to new applicants.
• Section 203: In certain cases, some derivative family members can still apply for special rule cancellation of removal, if the qualifying family relationship existed when the principal case was approved.

Outside of NACARA, many Nicaraguans and Cubans can obtain residence through other paths such as consular processing, adjustment of status or family petitions by U.S. citizens.

NACARA for countries of the former Soviet bloc

Certain citizens of the former Soviet bloc may also qualify if they:

• Entered the U.S. before December 31, 1990.
• Filed an asylum application before December 31, 1991.
• Come from countries such as Albania, Bulgaria, Poland, Lithuania, Latvia, Estonia, Hungary, Czechoslovakia, Romania, the former Soviet Union and its republics, or Yugoslavia and the successor states.

Although this is a lesser-known group, USCIS still processes NACARA law cases for these nationalities when the dates and requirements are met.

Spouses and children

NACARA benefits can extend to the principal applicant’s family. In general, relief may also cover:

• Spouses and unmarried children under 21 of the principal beneficiary.
• Adult children over 21 who entered the United States before October 1, 1990 and meet the presence and eligibility requirements.

Key requirements under the NACARA law

Continuous physical presence in the United States

To qualify for suspension of deportation or special rule cancellation of removal under the NACARA law, applicants must show:

• 7 years of continuous physical presence in the U.S. before the final decision on the case.
• No absence of more than 90 days in a single trip or more than 180 days total during those 7 years.

This requirement is proven with documents such as tax returns, lease agreements, medical or school records, receipts, employment records, and official correspondence demonstrating real life and activity in the U.S. throughout that period.

Good moral character and background

To obtain residence through the NACARA law, the applicant must also demonstrate good moral character:

• No aggravated felonies or multiple offenses affecting moral character.
• No relevant immigration fraud.
• Compliance with tax obligations and evidence of family and employment stability.

If there are criminal records, it is essential to consult with an attorney to determine whether they affect eligibility and to evaluate alternative defenses such as withholding of removal.

Form I-881 and documents required for NACARA

Form I-881 is the foundation of any case under the NACARA law. Without it, an applicant cannot request suspension of deportation or special rule cancellation of removal.

Essential aspects of Form I-881

The I-881 (“Application for Suspension of Deportation or Special Rule Cancellation of Removal”) is used before USCIS and in immigration court (EOIR). It must:

• Match the applicant’s immigration history (entries, exits, employment, addresses, prior immigration contacts).
• Be filed with all required signatures and initial supporting documents.
• Be sent to the proper USCIS service center or filed before the judge and DHS (OPLA) attorney in court.
• Be accompanied by Form I-765 if the applicant also seeks a work permit.

It is not a “simple paperwork” form: it must be integrated into a coherent evidence package that aligns with asylum filings, TPS records, and any prior applications.

Common supporting documents and evidence

Typical supporting evidence includes:

• Identity and origin: Passport, national ID, and birth certificate.
• Family ties: Marriage certificate, children’s birth certificates, and proof of cohabitation.
• U.S. presence: Tax returns, pay stubs, employer letters, school or medical records, leases, and utility bills.
• Immigration history: Copies of old asylum or ABC filings, and a summary of addresses and employment.
• Moral character and formal requirements: Filing fees and biometrics, passport-style photos, letters of recommendation, community service evidence, and state background checks.

If the applicant seeks a work permit, Form I-765, additional photos, and the fee payment must also be included.

For those who do not qualify for NACARA, a defensive alternative may be voluntary departure, although only in specific scenarios.

Basic process to apply for the NACARA program

Filing, biometrics and hearings

• Preparation and filing of Form I-881: Gather identity, presence, employment and family documents, confirm eligibility, and prepare a clear narrative of the immigration history.
• Biometrics appointment: USCIS schedules fingerprinting at an ASC and checks data with the FBI.
• Interviews or hearings: At USCIS, the case is reviewed in an interview; in immigration court, the judge schedules Master and Individual Hearings to examine evidence and testimony.
• Updating evidence: In court, it is common to submit updated documents and supplemental briefs before the final hearing.

Decision and possible appeals

After the interview or hearing, USCIS or the judge may:

• Approve suspension of deportation or special rule cancellation of removal.
• Request additional evidence (RFE) before making a decision.
• Deny the case, requiring the applicant to consider appeals or other relief options.

If approved, the applicant becomes a lawful permanent resident and, after the required period (typically 5 years), may apply for U.S. citizenship. In some cases, derivative family members also obtain benefits.

If denied, the applicant may consider an appeal before the BIA or alternative relief such as waivers, humanitarian parole, or adjustment of status if a family basis is available.

Processing times are generally around 9–12 months before USCIS; in court, the process is usually longer due to backlog.

Benefits of obtaining relief under the NACARA law

The NACARA law offers comprehensive protection: it not only stops deportation, but also provides a direct path to lawful permanent residence in the United States.

Immediate protection and permanent residence

• Stops deportation and closes removal proceedings.
• Allows the applicant to remain lawfully in the United States.
• Grants eligibility to apply for a work permit.
• Directly leads to a Green Card for the principal applicant and, in some cases, derivative family members.

Reasons for denial and common mistakes

Who does not qualify for NACARA?

In general, individuals do not qualify for relief under the NACARA law if they fall under any of the following situations:

• Convictions for aggravated felonies or other offenses that affect good moral character (domestic violence, drugs, firearms, etc.).
• Use of fraudulent documents or providing false information in prior applications such as asylum or TPS.
• National security issues or inadmissibility grounds under other immigration laws.
• Failure to prove 7 years of continuous presence in the U.S. or excessive departures.

Errors that often jeopardize NACARA cases

• Insufficient evidence of continuous presence (few tax returns, lack of medical or school records, gaps in the timeline).
• Failing to provide criminal background checks from all states where the applicant has lived.
• Mismatched dates between the I-881, asylum records, and entries or exits from the U.S.
• Contradictory statements about employment, addresses, or travel history.
• Filing without legal representation and with an incomplete evidence package.

If the case is denied, an appeal before the BIA may be considered. More information here: “Immigration appeal process”.

How NACARA relates to other immigration relief

NACARA vs. regular cancellation of removal

• Regular cancellation (EOIR-42B): Requires 10 years of presence in the U.S., “exceptional and extremely unusual hardship” to a qualifying relative, and is limited by annual caps.
• NACARA (special rule): Requires only 7 years of continuous presence, has a less demanding hardship standard, is not subject to annual limits, and protects the applicant directly without depending on hardship to a relative.

When a person qualifies for the NACARA law, it is usually more advantageous to apply for this relief rather than for standard cancellation of removal.

NACARA, TPS, asylum, parole and consular processing

• NACARA and TPS: Having TPS does not prevent someone from applying for NACARA. Many Salvadorans and Guatemalans with long-standing TPS meet ABC and entry-date criteria. NACARA provides permanent residence; TPS does not.
• NACARA and asylum: Most NACARA applicants filed asylum in the early 1990s. If NACARA is denied, asylum may still continue as a defensive claim in some cases.
• NACARA, parole and consular processing: NACARA may be approved even if the initial entry was unlawful, making it crucial for those who cannot adjust status. Without NACARA eligibility, consular processing may be explored, but when NACARA is available, litigating inside the U.S. is often the safer option.

Practical example of an approved NACARA case

The following illustrative example (not based on a real client) helps identify typical scenarios.

Example: Salvadoran woman with long-standing TPS

Situation: A Salvadoran woman entered in August 1990, filed asylum in 1991 and later obtained TPS. She has lived in the U.S. for over 30 years, has stable employment and pays her taxes.

Problem: Years later, she is placed in removal proceedings after a minor arrest, with no aggravated felonies or security issues.

Action: She files for NACARA 203 using Form I-881, providing evidence of continuous presence, good moral character and stability.

Result: The judge grants special rule cancellation of removal, and she obtains lawful permanent residence without depending on TPS anymore.

Frequently asked questions about the NACARA law

Is the NACARA law still in effect?

Yes. Section 203 remains active and allows eligible individuals to request suspension of deportation or special rule cancellation of removal as long as all requirements are met.

Can I travel while my NACARA case is pending?

Traveling is not recommended because it may interrupt continuous presence and create additional immigration risks. The safest option is to remain in the U.S. until a decision is issued or, at minimum, consult an attorney before leaving.

How long does NACARA processing take?

USCIS usually takes 9–12 months, though times vary. In immigration court, the process typically takes longer due to system backlog.

Do I need an attorney to file for NACARA?

It is not mandatory, but it is strongly recommended. NACARA requires reconstructing years of immigration and presence history; errors in dates, gaps in evidence or poorly prepared forms are common reasons for denial.

How the immigration lawyers at Lluis Law can help

At Lluis Law, we analyze each NACARA law case individually. Our support includes:

• Evaluating eligibility by reviewing entry dates, asylum records, TPS, ABC registration, continuous presence and background.
• Preparing a strong Form I-881 with a clear narrative and consistent evidence supporting every requirement.
• Representing you before USCIS or in immigration court, guiding you through interviews, hearings and communications with DHS.
• Assisting you through the residency stage, explaining follow-up steps and the path toward citizenship when applicable.

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If you want to know whether your story fits within the NACARA law or wish to seek a second opinion, you may contact Lluis Law for a professional, honest and confidential evaluation.