HOW TO APPLY FOR ASYLUM - The Florence Project

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