NACARA. # Section 203, # Guatemala, # El Salvador, #ABC Class Registration.
Updated: Jul 3, 2018
Application for Suspension of Deportation or Special Rule of Cancellation of Removal (By means of Section 203 of Public Law 105-100 (NACARA)).
This section of law is one of my favorites to help people become permanent residents ("Green card").
Section 203 (NACARA) includes people of other nationalities, but I have only represented people from El Salvador or Guatemala.
Requirements include being a national of El Salvador who entered the United States on or after September 19, 1990 or a Guatemalan national who entered on or before October 1, 1990. He registered for ABC benefits or if she was Salvadorean, TPS. Not getting caught if you entered on or after December 19, 1990.
Another option is to be a national of Guatemala or El Salvador who submitted a request for political asylum before April 1, 1990.
Unfortunately, the regulation that allowed qualified spouses and dependents to reopen their case after a deportation or removal order to apply for 203 (NACARA) benefits along with the principal expired. Applicants had until September 11, 1998 to reopen the case and 150 days to submit their application in court. 63 FR 31890.
Section 203 (NACARA)’s generosity is almost unlimited. The level of suffering that has to be proven can be to self and is much lower than the current requirements: # 1) have a qualified family member; #2) with extreme and rare suffering, all defined under the Immigration and Nationality Act (INA).
Currently, the Fifth Circuit (Texas) interprets section INA § 241 (a) (5) as prohibitting people from illegally re-entering after being removed and punishes them, among many ways, by reactivating their removal order as soon as they re-enter without asking Dept. Homeland Security (DHS) for permission first. INA §241 (a) (5) does not apply to those eligible for (NACARA) benefits.
There are other requirements, such as seven or ten years of physical presence in the United States, good moral character, and not having been sentenced to a crime considered an aggravated felony. "Aggravated Felony" has a special definition in the context of immigration law.
This is a brief summary about one of my favorite ways to help people, not legal advice. If you have any questions, please schedule a consultation with me to explain your specific personal details.