HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
HOW TO APPLY FOR ASYLUM - The Florence Project
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APPENDIX A: Nicaraguan and Central American Relief Act of 1997 (NACARA) & the Haitian Refugee<br />
Immigration Fairness Act of 1998 (HRIFA)<br />
NACARA Section 202 Relief for Cubans and Nicaraguans<br />
<strong>The</strong> deadline for applying for this type of NACARA relief for Cubans and Nicaraguans was March 31, 2000.<br />
However, under a law called the Violence Against Women Act (VAWA) 2005, Nicaraguan and Cuban spouses<br />
(husband or wife) and children who were abused (battered or suffered extreme cruelty) by a spouse or parent<br />
who either was eligible for NACARA section 202 or actually became a lawful permanent resident under<br />
NACARA section 202 may apply for lawful permanent resident status under NACARA section 202. However<br />
you must submit your application by July 2007 to be eligible.<br />
For an abused spouse or child to apply under this law, the abusive spouse or parent must have been eligible for<br />
NACARA section 202 and met the following requirements:<br />
1Native or citizen of Nicaragua or Cuba;<br />
2Present in the United States since December 1, 1995; and<br />
3 Admissible to the United States (did not have certain types of crimes that kept them from<br />
becoming a lawful permanent resident).<br />
Absences from the United States for a total of 180 days in a row after December 1, 1995, would disqualify a<br />
person from NACARA section 202 relief. If you are not sure if you might qualify for NACARA section 202<br />
under VAWA 2005 you should ask the judge or DHS.<br />
NACARA Section 203 Relief for Guatemalans, El Salvadorans & Eastern Europeans<br />
Under NACARA section 203, you may qualify to apply for a defense to removal from the United States called<br />
“Cancellation of Removal” if you meet the requirements. If you qualify and win this type of defense, you will<br />
become a lawful permanent resident of the United States. In other words, you will get a green card.<br />
◊<br />
For Guatemalans the requirements are:<br />
A. You are from Guatemala;<br />
1. You came to the United States on or before October 1, 1990; and<br />
2. Registered for ABC class benefits on or before December 31, 1991 (Note: ABC registrants are not<br />
eligible if they were apprehended upon entry after Dec. 19, 1990); or<br />
3. You applied for asylum on or before April 1, 1990;<br />
0AND<br />
1<br />
B. You establish:<br />
1. You have seven years of continuous physical presence in the United States;<br />
2. You have good moral character (this means you have not been convicted of certain crimes or spent 6<br />
months or more in jail);<br />
3. You have not been convicted of an aggravated felony as defined by section 101(a)(43) of the<br />
Immigration and Nationality Act (INA)(if you have certain other crimes or immigration offenses that<br />
Page 46 of 49<br />
FIRRP- last update June 2007