A Better Understanding Of NACARA And TPS

The TPS or Temporary Protected Status is a special benefit that the Immigration laws grant certain immigrants. This benefit alone does not grant the right to apply for an LPR status. Instead, it allows immigrants to remain in the U.S. and hold a work authorization document (WAD).

The U.S. government grants TPS status to nationals of countries experiencing difficulties that prevent them from returning safely or when the country cannot handle a massive return of its nationals. Some complications include ongoing armed conflicts, environmental disasters and other extraordinary and temporary conditions.

What Is The NACARA Act? How Does It Apply To TPS?

The NACARA (Nicaraguan Adjustment and Central American Relief Act) and TPS (Temporary Protective Status) are two types of unique benefits granted by U.S. immigration laws to certain immigrants. This page briefly explains NACARA and TPS and who may apply for these benefits.

The NACARA Act was passed in 1997 to help the nationals of certain countries experiencing civil war, such as Nicaragua, Cuba, El Salvador, Guatemala and certain Soviet Bloc countries.

The NACARA benefits are divided into two sections: NACARA §202 and NACARA § 203 or special rule of cancellation of removal.

Below is a breakdown of what each one does:

NACARA §202

A benefit granted to Nicaraguans and Cubans allowed them to apply for lawful permanent resident status (LPR) before or on March 31, 2000. Thus, any benefit under this specific section of the NACARA Act is no longer available. To be eligible for NACARA §202, applicants had to show that they were:

1. Nationals of Nicaragua or Cuba
2. Physically and continuously present in the U.S. since December 1, 1995
3. Admissible to the U.S. In some particular circumstances

Applicants may still receive some NACARA §202 benefits. You should consult an immigration attorney to explore this option.

NACARA §203

Also known as the special rule of cancellation of removal, Nacara § 203 is an immigration benefit granted to Guatemala, El Salvador, and certain Soviet Bloc countries nationals. This benefit is still open to those who qualify and may lead to an LPR status (green card). Some of the requirements for each class are as follows:

Guatemalans

Guatemalans must show that they:

1. First entered the United States on or before October 1, 1990 (ABC class member)
2. Registered for ABC benefits on or before December 31, 1991
3. Have not been apprehended at the time of entry after December 19, 1990
4. Are a Guatemalan national who applied for asylum on or before April 1, 1990

Salvadorans

Salvadorans must show that they:

1. First entered the United States on or before September 19, 1990 (ABC class member)
2. Registered for ABC benefits on or before October 31, 1991 (either by direct registration or by applying for Temporary Protected Status – TPS)
3. Have not been apprehended at the time of entry after December 19, 1990
4. Are a Salvadoran national who applied for asylum on or before April 1, 1990

Soviet Block Nationals

Soviet Block Nationals must show that:

1. They entered the United States on or before December 31, 1990
2. They applied for asylum on or before December 31, 1991
3. At the time they filed their application, it was a national of one of the former Soviet bloc countries, the Soviet Union, Russia, or any republic of the former Soviet Union.

Still wondering if you qualify? I’m happy to answer any additional questions you have.

What Countries Are Still Receiving TPS Benefits?

As of 2010, the countries receiving TPS benefits include:

• El Salvador
• Haiti
• Honduras
• Nicaragua
• Somalia
• Sudan

TPS beneficiaries must re-register for the TPS benefits as the Immigration Service mandates. TPS holders may apply for travel documents to travel outside the U.S. However, it is advisable to consult with an immigration attorney before using a travel document, as certain inadmissibility may apply when the TPS immigrant returns to the U.S.

Let An Arias Villa Law Guide You Through Your TPS Application

You don’t have to navigate these complex processes alone. Please call Arias Villa Law at our Miami office at 305-233-3110. You can also speak with a lawyer online to see if you qualify for NACARA benefits.