Section 202 of the Nicaraguan Adjustment and Central American Relief Act

            Section 202 of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) provides that certain Nicaraguan and Cuban nationals are eligible to adjust their status to that of a lawful permanent resident. See Pub.L. No. 105-100, 111 Stat. 2160 (1997); 8 C.F.R. Section 1245.13 (2005). Applicants must apply for adjustment of status under NACARA before April 1, 2000. 8 C.F.R. Section 1245.13(g). They also must be physically present in the United States at the time the application is filed. 8 C.F.R. Section 1245.13(a)(4).

            An applicant is eligible to apply for adjustment of status under NACARA if he is a national of Nicaragua or Cuba and has been continuously physically present in the United States since December 1, 1995. 8 C.F.R. Section 1245.13(a)(2). An applicant cannot be subject to certain grounds of inadmissibity under Section 212(a) of the Act, with the exception of subsections (4) public charge, (5) labor certification, (6)(A) aliens present without permission or parole, (7)(A) immigrants not in possession of valid documentation, and (9)(A) aliens unlawfully present. 8 C.F.R. Section 1245.13(a)(3). If inadmissible under a subsection of INA Section 212(a) that would render the applicant ineligible for NACARA relief, the applicant may apply for one or more of the immigrant waivers of inadmissibility under Section 212 of the Act. 8 C.F.R. Section 1245.13(c). Also, applicants with prior orders of removal, deportation, or exclusion may apply for NACARA relief, despite statutory time bars for adjustment of status. 8 C.F.R. Section 1245.13(d)(4)(i).

            The spouse, child, unmarried son or daughter of an applicant may also qualify for adjustment of status under NACARA, provided that he or she meets the specified qualifications and the qualifying relationship existed at the time the applicant was granted adjustment of status. 8 C.F.R. Section 1245.13(b).

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