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Click for more articlesINS PUBLISHES FINAL RULES ON NICARAGUAN AND HAITIAN ADJUSTMENT ACTS

Just days before the end of the application period, the INS has finally released final regulations for the implementation of the Nicaraguan Adjustment and Central American Relief Act (NACARA) and the Haitian Refugee Immigration Fairness Act (HRIFA).  The application period ends on March 31, 2000.

Under NACARA, Nicaraguans and Cubans who have been physically present in the US since December 1, 1995 are eligible to apply for adjustment of status without being subject to certain grounds of inadmissibility.  HRIFA provides much the same benefit to Haitians who have been physically present in the US since December 31, 1995.

The final NACARA rules are similar to the interim rules issued in 1998 and 1999.  One of the most important changes is that applications can be submitted at any INS office, from service centers to local offices between March 27–31, 2000.  Also, offices will stay open until midnight on March 31 in order to accept applications.  Other important changes have been made to the requirements for demonstrating continuous physical presence.  Applicants will no longer be required to present a document for each three months they were in the US, and the type of documents that will be accepted have been broadened to include not only official government documents, but also any document that has been submitted to the government. 

Changes have also been made to the HRIFA regulations.  An application may be submitted with a document showing a request for a birth certificate has been made rather than the birth certificate itself.  The definition of orphan has been expanded, and the same change as was made in the NACARA regulations dealing with physical presence were made.  Also as with NACARA, HRIFA applications may be filed at any INS between March 27-31, 2000, and offices will remain open until midnight on the 31st.

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T. 800-343-4890 or 901-682-6455
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Email: info@visalaw.com

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