NACARA: protection for Central Americans

NACARA (Nicaraguan Adjustment and Central American Relief Act) is a 1997 federal law that still, today, opens paths to permanent residence for certain Central Americans and Cubans. Many eligible people do not know they qualify. This guide explains the details.

What NACARA is

Passed in response to the Central American conflicts of the 1980s, NACARA has two main sections:

• Section 202: adjustment of status for Nicaraguans and Cubans physically present in the U.S. since before December 1, 1995.
• Section 203: special suspension of deportation / cancellation of removal for Salvadorans, Guatemalans, and certain Soviet-bloc nationals meeting specific requirements.

NACARA Section 202 (Nicaraguans and Cubans)

Requirements

• Be a Nicaraguan or Cuban national.
• Continuous physical presence in the U.S. from before December 1, 1995.
• Application filed by March 31, 2000 (this deadline has passed for new principal applicants, but eligible dependents can still benefit).
• Admissible (no serious criminal or security bars).

Benefits

• Direct adjustment to permanent residence.
• No hardship showing required.

Current status

The main deadline closed in 2000, but: spouses, unmarried children, and married children can still benefit as dependents of someone who already received NACARA 202. If your parent or spouse adjusted under 202, you may still qualify.

NACARA Section 203 (Salvadorans, Guatemalans, former Soviet bloc)

General requirements

• Nationality of an eligible country (El Salvador, Guatemala, former Soviet Union, and certain Eastern European countries).
• Salvadorans: U.S. entry before September 19, 1990 and ABC registration, or TPS application by October 31, 1991.
• Guatemalans: entry before October 1, 1990 and ABC registration by December 1, 1991.
• Continuous physical presence of 7 years.
• Good moral character.
• Hardship if removed.

Benefits

• Lower hardship standard than traditional cancellation of removal (10 years).
• No need for a direct U.S.-citizen or LPR victim.

Eligible dependents

Under both 202 and 203, qualifying relatives can benefit:

• Spouse of the principal beneficiary.
• Unmarried children under 21.
• In certain cases, adult children or later-acquired spouses.

If your parent or spouse already has residency through NACARA, it is worth checking whether you still qualify.

Why NACARA still matters today

Despite its age, NACARA still resolves cases:

• Dependents who just learned they qualify.
• Cases reopened in immigration court.
• Families who came in the 80s and 90s and never regularized.
• People in removal proceedings discovering eligibility.

How to apply

For Section 202

• I-485 form based on NACARA 202.
• Evidence of Nicaraguan or Cuban nationality.
• Evidence of continuous physical presence since before 12/1/1995.
• Criminal background (FBI check).

For Section 203

• I-881 form (Application for Suspension of Deportation or Special Rule Cancellation of Removal).
• Filed with USCIS or with the immigration judge if you are in removal proceedings.
• Detailed evidence of residence, moral character, and hardship.

Common mistakes

• Assuming NACARA "is closed" without checking dependent eligibility.
• Not documenting continuous U.S. presence well.
• Confusing TPS with NACARA (different programs).
• Accumulating crimes that disqualify.

What you will need to document

• Passport, birth certificate from eligible country.
• U.S. entry records (I-94, stamps, old photos).
• Continuous presence proof: leases, receipts, kids' school, work, tax returns, church records.
• Good moral character letter.
• If applicable, evidence of ABC registration or timely TPS application.

Next steps

If you or your family came from Central America in the 80s or 90s, it is worth evaluating whether someone qualifies under NACARA. An initial consultation can confirm eligibility.

Schedule a consultation to review your case.

Also read:

• Cancellation of removal for LPRs
• Deportation defense
• Habeas corpus and detention

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Legal disclaimer: This article is for general informational purposes only and is not legal advice. Every immigration case is unique and depends on specific facts that only an attorney can evaluate after reviewing your situation. The law and USCIS policy change frequently. To get guidance on your particular case, schedule a consultation with our firm.