Return to NACARA 203
NACARA 203: The
Decision-Making Process (Fingerprinting, Interview, Receipt of Decision)
What happens after I file my application with the USCIS?
After you file a Form
I-881 with the USCIS, you will receive in the mail a notice acknowledging that
the USCIS has received your application.
You will later receive in the mail a notice with an appointment date for
you to have your fingerprints taken at an Application Support Center (ASC). Because many applications are still pending,
most NACARA applicants are no longer immediately scheduled for fingerprinting
appointments upon the filing of the NACARA application. Therefore, you may experience a delay
between the time you submit your NACARA application and the time you receive a
fingerprinting appointment notice.
Once your fingerprints have been taken, your fingerprints will be sent
to the FBI for a background check. You
will not be scheduled for an interview with an asylum officer until the
background check is complete. If you
have a pending asylum application with the USCIS, you should be prepared to
answer questions about both your NACARA and asylum applications at the
interview.
Will I need to get fingerprinted?
Every applicant who is
14 years of age or older must be fingerprinted to apply for relief under NACARA
203.
Once your fingerprints
have been taken, they will be sent to the FBI for a background check. The
procedures for having your fingerprints taken are described on our Fingerprints
page.
If you are 14 years old
or older, the USCIS will schedule you for an interview with an asylum officer
only after the background check by the FBI is completed.
When will I receive my notice to have my fingerprints
taken?
Individuals whose NACARA
applications were received by the Service Center before July 2000 should have
already received a notice to go to an Application Support Center (ASC) for
fingerprinting. If you believe your
NACARA application was received by a Service Center before July 2000 and you have not received a fingerprint
notice, you should submit a request to be scheduled for fingerprints, in
writing, to the mailing address of the Asylum Office listed on the receipt
notice showing you filed an I-881.
In July 2000, the
INS (now USCIS) stopped automatically scheduling fingerprint appointments for
individuals upon the filing of a NACARA application, with certain exceptions,
to prevent the expiration of the FBI fingerprint check responses before the
date of the NACARA interviews. The FBI
response regarding an applicant's background expires 15 months after the review
of the fingerprints by the FBI. The USCIS
cannot grant NACARA relief to an individual if the fingerprint response from
the FBI has expired. Therefore, the
USCIS currently schedules a limited number of NACARA applicants for
fingerprinting appointments based on the projected number of interviews each
Asylum Office will conduct each year.
Additionally, the USCIS makes every effort to schedule for a fingerprinting
appointment any applicant who has a child who will turn 21 years old within the
next year and the child entered the United States after October 1, 1990. (See What if I need an expedited interview and have not had my fingerprints taken?.) Upon the filing of a NACARA application, the USCIS will automatically
schedule an individual for fingerprints if the individual has a dependent aged
20 on his or her pending asylum application.
What if I need an expedited interview and have not had my
fingerprints taken?
The USCIS is aware that,
in certain very limited circumstances, there may be compelling reasons an
individual would want to expedite the fingerprinting process. One reason for
requesting expedited scheduling for a fingerprinting appointment may be the approaching 21st
birthday of a NACARA applicant's child in the United States. A child who is not independently
eligible to apply for NACARA 203 relief and is only eligible to apply for
NACARA 203 relief as a qualified family member will also be required to show
that he or she entered the United States on or before October 1, 1990, unless the parent is granted NACARA 203 relief before the child turns 21. Click here for information on eligibility to apply as a qualified family member.
The USCIS will schedule an
individual for fingerprints if the USCIS discovers the individual has a child who
will turn 21 years old within the next year and the child entered the United
States after October 1, 1990. If you
have not been scheduled for fingerprinting, you have a child in the United
States who will turn 21 years old within the next year, and the child did not
enter the United States before October 1, 1990, you should submit a request to
be scheduled for fingerprints, in writing, to the mailing address of the Asylum
Office listed on the receipt notice showing you filed an I-881. You should explain in your request to be
fingerprinted that your child in the United States will turn 21 within the next
year.
When will I be scheduled for an interview?
The USCIS cannot provide a
specific time period when you will be scheduled for interview. The USCIS gives priority scheduling to
individuals who have children in the United States who entered the United
States after October 1, 1990 and who will turn 21 within a year. This is to prevent them from losing eligibility
to apply because they turn 21 before their parents' applications are
decided. The USCIS is also making every
effort to schedule individuals who have already been fingerprinted in
connection with filing of a NACARA 203 application and the USCIS has received a
response on those fingerprints. Of
those individuals who have been fingerprinted and a response has been received,
the USCIS generally schedules interviews in order of the submission date of the I-881. Due to a backlog of NACARA 203 applications,
you may experience a delay between the time you file your application and the
time you are scheduled for an interview.
Also, if you live in an area where the USCIS Asylum Office does not have
permanent staff on location it may take longer to be scheduled for your interview. The USCIS is working on increasing its
resources to decrease the amount of time NACARA 203 applicants must wait to
have their applications decided.
Is it possible to ask the USCIS to expedite the scheduling
of my NACARA request for interview?
The USCIS understands
that, in certain very limited circumstances, there may be compelling reasons
for an applicant to request to expedite the scheduling of an individual's
NACARA and/or asylum interview.
Requests should be submitted in writing to the Asylum Office that has
jurisdiction over your application. The
Asylum Office's mailing address is listed on the receipt notice you receive
after you file your I-881 with the Service Center. The request should outline the reasons why you believe that an
expedited interview is necessary.
Children Turning 21 Years Old: One reason for requesting expedited scheduling may
be the approaching 21st birthday of an asylum/NACARA applicant's
child in the United States. A child who
turns 21 can no longer be included as a dependent on his or her parent's asylum
application. A child who is not
independently eligible to apply for NACARA 203 relief and is only eligible to
apply for NACARA 203 relief as a qualified family member will also be required
to show that he or she entered the United States on or before October 1, 1990,
unless the parent is granted NACARA 203 relief before the
child turns 21. Click here for information on eligibility to apply as a qualified family member
Once I receive my interview notice, what preparations
must I make for appearing at my interview?
If you have both a
pending asylum application and NACARA application with the USCIS, you should be
prepared to answer questions about both your NACARA and asylum applications at
the interview.
If you have included
dependent family members on your asylum application, those family members must
come with you to the interview.
You are entitled to bring an
attorney or accredited representative with you to your interview with the
asylum officer at your own expense.
If you do not feel
comfortable speaking in English, you must
bring an interpreter who is fluent in English and your native language. The cost of the interpretation is also at
your own expense. The interpreter must
be at least 18 years of age and cannot be your attorney or representative or a
witness testifying on your behalf. If
you also have an asylum application pending, the interpreter cannot be a
representative or employee of your home country.
In order to receive your
decision as quickly as possible after the interview, please be prepared to give
the asylum officer any documents needed to establish eligibility to be granted
relief under section 203 of NACARA.
Such documents may include:
-
proof of your relationship to family members
(marriage/birth certificates);
-
proof that you have filed income taxes during the seven
years of continuous physical presence;
-
proof of hardships you and/or your family members would
suffer if you are removed from the United States; and
-
court disposition documents related to any past
criminal proceedings or serious traffic violations.
You
should also bring any passport, travel documents, and other forms of
identification with you. If you have a
valid passport and the USCIS approves your NACARA application, your passport will
be stamped with temporary evidence of your lawful
permanent resident status.
What if I can't go to my scheduled interview?
If
you cannot make it to your scheduled interview, it is very important that you
contact the USCIS before your scheduled
interview date.
You
can do so by noting the reason on your interview notice, signing the notice,
and mailing the notice to the asylum office where your interview is scheduled,
or you may send a written request to reschedule. Rescheduling is permitted only once without a reasonable excuse for rescheduling if the request to
reschedule is received at least 2 days before the scheduled interview
date. Other requests to reschedule an
interview, including those submitted after the interview date, may be granted
if you provide a reasonable excuse for not appearing.
If
you fail to go to your interview, without notifying the USCIS, you must provide a
reasonable excuse as soon as possible
following the scheduled interview date.
If you do not do so, your NACARA application may be dismissed or
referred to an immigration judge, and any asylum request you have pending with
the USCIS may be denied or closed, unless you show compelling circumstances for
the delay in providing a reasonable excuse.
It
is not possible to reschedule by phone.
All rescheduling requests must be made in writing to the USCIS asylum
office that scheduled your interview.
To
avoid scheduling difficulties you should always
notify the USCIS of all changes in address.
You should submit the change of address to the Asylum Office that has
jurisdiction over your application. The
law requires you to notify the USCIS within 10 days of your change of
address.
What will my interview be like?
The interview will be
conducted in a non-adversarial manner; it is not a court hearing. Your attorney or accredited representative
may be allowed to make a statement in support of your case at the end of the
interview.
If you have both a NACARA
and asylum application pending with the USCIS, you will normally be interviewed
on your NACARA application first. If
you are granted NACARA relief after the NACARA interview, you will then be
given the option to continue with an asylum interview or to withdraw your
asylum application. In order to make
this decision, you may wish to talk with someone experienced with immigration
matters, prior to the interview to help you decide what to do.
When will I be told of the decision on my NACARA
application by the USCIS?
You may be told the decision on the day of your interview. If the USCIS does not tell you the decision on
the day of your interview, the USCIS will either ask you to return to the asylum
office to receive the decision at a later date, or you will be sent the
decision by mail.
If I am told that I am eligible to have my NACARA application approved,
will I be required to do or say anything else before being granted lawful
permanent resident status?
Yes. After you are told
that the USCIS intends to approve your NACARA application, you will be asked to
sign a document in which you admit that you are inadmissible or
deportable. This is necessary because
the USCIS cannot approve your NACARA application until it is determined that you
are inadmissible or deportable. Once
you sign this admission document, your NACARA application can be approved, and
the USCIS will grant you lawful permanent resident status.
If I sign the admission of inadmissibility or
deportability, what am I admitting?
You are admitting that you have taken
actions that make you inadmissible or deportable under United States'
immigration law. For example, if you
entered the United States illegally or overstayed your non-immigrant visa, you
are subject to a ground of inadmissibility or deportability under U.S.
immigration law. Even if you presently
have a work authorization card and a pending asylum application, you may still
be inadmissible or deportable. The USCIS
will only ask you to sign the admission document if the USCIS is going to approve
your NACARA application and grant you lawful permanent resident status.
What will happen
if I do not sign the document admitting that I am inadmissible or deportable?
If you do not sign the admission
document, the USCIS will not be able to grant your NACARA application. In most cases, your application will be
referred to an immigration judge for a decision. You may wish to consult with an attorney or representative before
your interview if you have any concerns about signing a document in which you
admit that you are inadmissible or deportable.
What will happen
if my NACARA application is approved by the USCIS?
If the USCIS approves your NACARA application, you will be granted
lawful permanent resident status in the United States. If your NACARA application is approved on
the day of your interview, the Asylum Office will immediately give you
temporary evidence of your lawful permanent resident status, and the USCIS will
later send you a Permanent Resident Card (commonly known as a "green card") by
mail. If your NACARA application is
approved sometime after the day of interview, you will receive temporary
evidence of your lawful permanent resident status either when you return to the
asylum office to receive the decision or by mail.
If my NACARA application is approved, what will happen to
my asylum application?
Even if your NACARA application is
approved, you are still eligible under the law to seek asylum in the United
States. Once your NACARA application is
approved, you will be asked whether you want to continue to seek asylum in the
United States or withdraw your asylum application.
What are the possible reasons for wanting to continue with my asylum
claim if my NACARA application is approved and I am granted permanent resident
status?
Under United States law, any alien
present in the United States is permitted to apply for asylum regardless of the
alien's status. A NACARA beneficiary may
want to pursue an asylum application because a grant of asylum permits a
dependent spouse or unmarried child under the age of 21 who is included in the
asylum application to be granted asylum.
If the spouse or unmarried child is not included in the asylum
application or is outside the United States at the time the application is
approved, the applicant may petition to give such dependents derivative asylum
status. Upon approval of the petition,
those dependent(s) residing outside the United States may then be allowed to
join the applicant in the United States.
There may also be certain public assistance benefits that are available
based on an approved asylum application.
You may wish to consult with an attorney or representative before your
interview if you have any concerns about withdrawing an asylum application.
What happens if the USCIS
determines that I am not eligible for NACARA 203 relief?
When the USCIS interviews you
regarding your NACARA eligibility, you will also be interviewed regarding your
eligibility for asylum if you have an asylum application pending with the
USCIS. If the USCIS cannot grant NACARA
relief and your asylum application is approved, your NACARA application will be
dismissed. If the USCIS cannot grant your
NACARA application and your asylum application is not approved, or you did not
have a pending asylum application with the USCIS, your NACARA application will be
sent to the Immigration Court in most instances. The USCIS does not have authority to deny an application for relief
under NACARA. Therefore, if the USCIS
cannot approve your application and you appear inadmissible or deportable, your
NACARA application will be sent to the Immigration Court for an immigration
judge to decide whether you are eligible for NACARA 203 relief.
Return to NACARA
203
