IMMIGRATION LAW & POLICY

NACARA

 

 

DEADLINE EXTENDED FOR NACARA-RELATED APPLICATIONS AND DOCUMENTATION
Immigrants' Rights Update, Vol. 13, No. 1, March 3, 1999

The Executive Office for Immigration Review (EOIR) has announced that it will extend the deadline to submit accompanying applications for suspension of deportation or cancellation of removal and other documentation in support of motions to reopen filed under the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA).  The new deadline will apply only to NACARA-eligible nationals of El Salvador, Guatemala, and certain former Soviet bloc countries who have timely filed motions to reopen their deportation or removal cases in order to apply for suspension or cancellation relief with the immigration court.

Under the previous interim rule governing NACARA motions to reopen, applicants would have had to file accompanying applications and supporting documentation by Feb. 8, 1999.  The new deadline will be linked to the publication of the interim or final rule implementing section 203 of the NACARA.  Individuals who timely filed a motion to reopen their cases under the NACARA will have 150 days from the date of the rule’s publication to submit all additional documents, including Form I-881, the new suspension/cancellation form.

The interim or final rule implementing section 203 of the NACARA has not yet been published; the period for public comment on the proposed rule, issued Nov. 24, 1998 (see "Proposed Regulations Issued for NACARA Suspension and Special Rule Cancellation Cases." Immigrants’ Rights Update, Dec. 21, 1998, p. 1), ended Jan. 24, 1999.

On taking effect, this rule will implement a program under which Immigration and Naturalization Service asylum officers will adjudicate certain claims of suspension/cancellation made by NACARA-eligible individuals.  Soon after the rule’s publication, the EOIR will issue another notice describing application procedures as well as specifying the actual date of the new deadline.

 

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