Subject:
Post-March 31, 2000, Procedures for Aliens Who Have Been Issued Orders of Deportation or Orders of Removal and Fall Within the Classes of Aliens Described in the Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 202 or the Haitian Refugee Immigration Fairness Act (HRIFA)
March 31, 2000, is the deadline for filing applications for adjustment of status by Nicaraguans and Cubans under section 202 of NACARA. It is also the deadline for filing applications for adjustment of status by Haitian principal applicants under HRIFA. Haitian dependent applicants (i.e., a principal applicant's spouse or child who entered the United States at any time, or a principal applicant's unmarried son or daughter who has been in the United States since December 31, 1995) may continue to file applications for adjustment of status under HRIFA, provided the principal applicant filed his or her application on or before March 31, 2000.
At the present time there are a number of bills pending in Congress to extend the NACARA and HRIFA filing deadlines. This memorandum provides instructions on the processing of removable aliens who did not apply for adjustment under NACARA section 202 or HRIFA during the statutory filing period but (1) are eligible to apply for adjustment of status as dependent applicants under HRIFA, or (2) might be eligible to apply for adjustment of status under NACARA section 202 or HRIFA if the filing deadline is extended.
Aliens Eligible to Apply for Adjustment of Status as Dependent Applicants under HRIFA.
If an encountered alien is eligible to apply for adjustment under HRIFA as a dependent applicant, but has not yet applied, defer any further removal action for 60 days and instruct the alien that he or she should file his or her application for adjustment within that period. If the alien does not apply for adjustment within 60 days of being so advised, you may initiate or resume removal action.
Aliens Under Final Orders Who May Be Eligible to Apply for Adjustment of Status under NACARA section 202 or HRIFA If the Filing Deadline Is Extended.
Refer to the criteria set forth in NACARA section 202 and HRIFA for determinations as to whether an alien appears to be eligible for adjustment of status under those provisions of law (other than not having met the March 31, 2000, filing deadline). These criteria were also discussed in Headquarters memoranda of December 19, 1997, December 22, 1998, and February 18, 1999. If an alien who is under a final order of deportation or a final order of removal appears to be eligible to apply as either a principal applicant or a dependent applicant do not execute the order of deportation or the order of removal until further notice. If the alien is NOT eligible for adjustment (for example, if he or she is inadmissible under a ground which is not exempted by NACARA 202 or HRIFA and is not eligible for a waiver of such inadmissibility), the Order of Deportation or the Order of Removal may be executed.
Consistent with earlier guidance on NACARA and HRIFA, Nicaraguans, Cubans, and Haitians subject to mandatory detention shall not be released from custody based upon possible future eligibility for relief under NACARA and HRIFA should these forms of relief be extended. Possible eligibility under NACARA and HRIFA if the filing deadline is extended may, however, be considered for purposes of discretionary custody determinations.
If you have any questions, please contact David Venturella on 202-616-0002.