Overview

On November 19, 1997, President William J. Clinton signed the Nicaraguan Adjustment and Central American Relief Act (NACARA), Pub. L. 105-100 (111 Stat. 2160, 2193).

The NACARA regulations were published as a final rule in the Federal Register on March 24, 2000, at 65 FR 15846. This rule explains how the INS (now BCIS) implemented section 202 of NACARA by establishing procedures for certain nationals of Nicaragua and Cuba who have been residing in the United States to become lawful permanent residents of this country.

The rule allowed certain Nicaraguans and Cubans to apply for lawful permanent resident status without having to first apply for an immigrant visa at a United States consulate abroad. It also waived many of the usual requirements for this benefit. Nicaraguans and Cubans who wished to apply for lawful permanent residence under NACARA had until March 31, 2000 to file for adjustment of status under NACARA Section 202.

Since April 1, 2000 the opportunity to apply for lawful permanent residency under NACARA is no longer available unless the alien is eligible to file a motion to reopen his or her removal proceedings as a result of the enactment of the Legal Immigration Family Equity Act (LIFE) Amendments to section 202 of NACARA.

The enactment of the LIFE Act Amendments on December 21, 2000, removed certain barriers to adjustment under NACARA 202. To take advantage of these amendments, the legislation affords nationals of Nicaragua and Cuba who were made eligible for NACARA adjustment by the LIFE Act Amendments a limited opportunity to reopen their proceedings to apply for such adjustment or seek reconsideration of a previously denied NACARA adjustment application.

All motions to reopen must be filed on or before June 19, 2001. The motion to reopen must be filed with whichever entity has jurisdiction or made the last decision in the alien's case, either the local BCIS office, the Texas Service Center, the Immigration Court, or the Board of Immigration Appeals.