Jesse J. Bañuelos, a Los Angeles Immigration Attorney
NACARA-BASED GREEN CARDS
All applicants who are deemed eligible for benefits under NACARA will be eligible for a work permit while their application is pending. Furthermore, successful applicants will be granted suspension of deportation which will lead to a green card.
REQUIREMENTS THAT MUST BE MET TO OBTAIN A GREEN CARD UNDER NACARA
To be eligible for a green card under NACARA, an individual must not have been convicted of an aggravated felony [NOTE: under immigration law, many convictions having to do with violence, drugs, sexual abuse, etc., are considered aggravated felonies, even if they are considered only misdemeanors under state laws] and must fall within one of the following groups:
1). A Guatemalan national who:
- first entered the US on or before October 1, 1990 (ABC class member);
- registered for ABC benefits on or before December 31, 1991 (either directly or by applying for Temporary Protected Status – TPS); and
- was not apprehended by the INS at the time of entry after December 19, 1990.
2). A Salvadorian national who:
- first entered the US on or before September 19, 1990 (ABC class member);
- registered for ABC benefits on or before October 31, 1991 (either directly or by applying for Temporary Protected Status – TPS); and
- was not been apprehended by the INS at the time of entry after December 19, 1990.
A Guatemalan or Salvadorian national who filed an application for asylum on or before April 1, 1990. ABC class members who did not file for asylum before the specified dates may still be eligible to apply for NACARA benefits in certain circumstances.
All those who fall within one of the groups listed above must then be able to:
1. prove seven years, at least, of continuous physical presence in the US;
2. show good moral character. To show good moral character, the applicant must show that he:
a). has not been convicted of any felony;
b). has not been convicted of any crime related to illegal drugs, violence, or sexual abuse, even a misdemeanor; and
c). has not been convicted of more than three misdemeanors; and
3. establish that the applicant’s removal from the US would result in extreme hardship to him, or if he has inmediate relatives in the US, to his spouse, parents, or to his children who are US citizens or legal permanent residents–if he has any. For many NACARA applicants, hardship will be presumed.
NOTE: Under certain circumstances, spouses and unmarried minor–under 21 years of age–children of principal NACARA applicants are eligible for a green card under NACARA without meeting most eligibility requirements. Furthermore, children who are over the age of 21 when the principal applicant receives his green card under NACARA may be eligible for a green card under NACARA as well if they entered the US before October 1, 1990.
TO APPLY FOR A NACARA GREEN CARD, IT IS BEST TO DO IT WITH AN ATTORNEY’S HELP
WARNING: If a NACARA applicant has had any run-ins with the law or with the INS/DHS, he may be placed in deportation/removal proceedings. Because those proceedings could end with the issuance of a deportation/removal order against the applicant which could result in permanent banishment from the US, if you believe that you qualify for a green card under NACARA, and you wish to apply for it, before you apply, it is extremely important that you consult with an experienced immigration attorney, such as Mr. Bañuelos. Because he is hardworking and tenacious, Mr. Bañuelos has been successfully resolving difficult immigration problems, and has been winning difficult deportation and removal cases for over 20 years.