What is NACARA?

The Nicaraguan Adjustment and Central American Relief Act (NACARA) is a law that helps qualifying foreign nationals obtain legal permanent residency ("green card").

Who is eligible to apply?

There are many other requirements that need to be met in order for a foreign national to qualify for NACARA benefits. For example, NACARA requires that the principal applicant be a citizen or national from certain designated countries. The deadline for Nicaraguan nationals to apply for benefits has expired so it is not included. Nationals who can still apply, if otherwise qualified, are: Guatemala and El Salvador. Alternatively, if as of December 31, 1991 you were a national of the former Soviet Union Republic such as Russia, Estonia, or Lithuania, or a national of Poland, Czechoslovakia, Rumania, Hungary, Bulgaria, Albania, or East Germany among others, you also would meet the qualifying nationality requirements under the Nicaraguan Adjustment and Central American Relief Act.

Contact us if you want to learn more about permanent residency and whether you qualify under NACARA.

What is Temporary Protected Status (TPS)?

Temporary Protected Status (TPS) allows foreign nationals from designated foreign states to remain in the U.S. temporarily.

If a foreign state experiences floods, droughts, or similar occurrences that substantially disrupt living conditions in the affected area so the foreign state is unable to handle the return of its nationals temporarily, and the foreign government requests the designation, TPS may be granted to its nationals who were already living in the U.S. as of the date of designation.

From time to time, the US government allows TPS beneficiaries to obtain a green card as was the case with nationals from El Salvador. Salvadoran nationals who registered for benefits under the ABC settlement agreement successfully litigated by the American Baptist Churches before October 31, 1991 by registering for TPS subsequently qualified for a green card under the NACARA program.

What is Asylum?

To qualify for asylum a foreign national must have suffered past persecution or fear future persecution by his or her own government or by group(s) that the government is unwilling or unable to control. The persecution must be on account of nationality, religion, race, group membership, or political opinion. He or she can also apply for relief under the terms of the Convention Against Torture (CAT).

What is the difference between deportation and removal?

Very little. Deportation was the old name used for proceedings to enforce departure from the United States before the law changed and removal is the new name. With some exceptions, a foreign national in the United States who entered illegally or was admitted to the United States legally but violated the terms of his status that are grounds for enforcing departure is removable and will be placed in removal proceedings. This includes illegal entry or legal entry to the United States by fraud or misrepresentation such as using someone else's U.S. passport to enter the U.S. For a person with a green card it can mean a conviction in the U.S. or abroad for crime that makes him or her subject to removal such a trafficking drugs.

How Can We Help You?

We assist individuals to qualify if they are eligible under current immigration laws, assess a case and discuss all possible, available options, prepare all applications, appeals, and review supporting documentation. We represent individuals before the asylum office and those placed in removal proceedings before the Executive Office for Immigration Review (EOIR) in Houston. We represent those seeking administrative review through the appeal process nationwide and those seeking review before the U.S. District Court, Southern District of Texas and the U.S. Court of Appeals for the Fifth Circuit since it is done almost exclusively via mail.

If you have questions about Temporary Protected Status or need assistance with an asylum-related matter, please contact Maria M. Cordon today.