The deadline for persons eligible for NACARA section 202 adjustment is March 31, 2000. This includes principals and dependents. All applications must be received by the Texas Service Center (TSC) on or before this date. It is not sufficient that an application is postmarked March 31, 2000, and INS will not accept NACARA section 202 filings after March 31st.
Applicants that are presently outside of the U.S. must be aware of the challenges posed by this deadline. Application for adjustment under NACARA section 202 requires that the applicant be in the U.S. Potential NACARA adjustment applicants outside the U.S. must first apply to be paroled into the U.S for the purpose of applying for NACARA adjustment. Though the INS states it will make every effort to adjudicate parole requests to allow potential applicants into the U.S. to file for adjustment within the statutory deadline,it seems unlikely that those who have not filed for parole at this time will be able to enter the U.S. in time to comply with the NACARA statutory filing deadline.
AILA member Mario Lovo, who recently traveled to Managua, has presented possible actions for those wishing to enter the U.S. and file for NACARA adjustment. For example, a father has already submitted his I-485 for section 202 of NACARA. His child is still in Nicaragua. The child must enter the U.S. with advance parole and have a NACARA I-485 filed and received by the Texas Service Center on or before March 31, 2000.
If an advance parole request has not been submitted at this time it seems unlikely that the advance parole would be processed in time to meet the statutory deadline. To submit a parole request, the request should be express mailed or faxed to the TSC. Request that a copy of the I-797 receipt be faxed to you.
If a parole request has been submitted to the TSC:
1. Fax a copy of the I-797 receipt to the INS office in Tegucigalpa (TE).
2. The INS office in TE is supposed to call the TSC to verify that the principal's case is "approvable". (Final fingerprint clearance is not necessary.)
3. If it is approvable, TE will contact US Embassy in Managua (MA).
4. MA will call the family of the child in Nicaragua to schedule the appointment. Be sure the family has a phone number or gets access to one.
Appointment takes place at MA. The child must bring:
a) four pictures
b) passport
c) birth certificate (proof of familial relationship)
d) plane ticket (no more than 10 days after the appointment date)
e) If child is under 18, the child must have an exit visa from the Republic of Nicaragua
6. Child flies into U.S.
7. Attorney right away submits (already prepared) I-485 and attachments to Service Center-probably by express mail so that it is received by TSC by the March 31, 2000 deadline.
Note: The procedure is basically same for spouse.