“Navigating NACARA: Applying for Suspension of Deportation or Special Rule Cancellation”
The Nicaraguan Adjustment and Central American Relief Act (NACARA) provides certain immigrants from designated countries a chance to apply for suspension of deportation or special rule cancellation of removal. This act primarily benefits nationals from Nicaragua, Cuba, El Salvador, Guatemala, and certain former Soviet bloc countries who entered the United States under specific conditions.
Eligibility for NACARA includes having arrived in the U.S. by specified dates, maintaining continuous physical presence, and demonstrating good moral character. Applicants must also prove that deportation would cause extreme hardship to themselves or immediate family members who are U.S. citizens or permanent residents. Additionally, applicants should not have certain types of criminal convictions.
How to Draft
Drafting a NACARA application involves several critical components:
- Eligibility Proof: Clearly outline your eligibility based on the criteria set by NACARA, including evidence of nationality, date of entry into the U.S., and continuous physical presence.
- Good Moral Character: Provide documentation or references supporting your claim of good moral character.
- Hardship Evidence: Compile detailed information and supporting documents that demonstrate the extreme hardship that deportation would cause.
- Legal Argumentation: Craft a compelling legal argument based on immigration laws and precedents that support your case.
- Personal Statement: Include a personal statement outlining your ties to the U.S., contributions to the community, and the impact of potential deportation.
The application must be filed with the appropriate immigration court or the U.S. Citizenship and Immigration Services (USCIS), depending on your case’s status. Ensure that all required forms are correctly filled out and that the filing fee, if applicable, is included. Keep a copy of the entire application package for your records.
Applying for relief under NACARA is a complex but potentially life-altering process for eligible immigrants. It offers a path to lawful status in the U.S. and protection from deportation. Given the intricacies of immigration law and the high stakes involved, consulting with an experienced immigration attorney is highly recommended to navigate this process successfully.