Form I-881: Your Essential Guide to NACARA Relief Applications

The Form I-881 is available to certain nationals who meet specific residency and admissibility requirements. These criteria allow for the application for Suspension of Deportation or Special Rule Cancellation of Removal under specific U.S. immigration laws.

Qualifying Nationalities

Eligible individuals must be nationals from certain countries that have been affected by turmoil or natural disasters. The following nationalities qualify under specific programs:

• Salvadorans who entered the United States on or before September 19, 1990, and registered under the ABC settlement agreement.
• Guatemalans who have a similar entry date and registration as Salvadorans.
• Nationals of countries designated for Temporary Protected Status (TPS) if they have resided continuously in the U.S. since the effective date of TPS.

Residency Requirements

Applicants must fulfill certain residency conditions to be eligible:

• Continuously resided in the United States for a period specified by particular immigration relief programs.
• Residency requirements vary, but generally involve being present in the U.S. from a designated date.

Admissibility Factors

In addition to nationality and residency, applicants for Form I-881 must also meet certain admissibility criteria:

• Must not have been convicted of an aggravated felony.
• Meet other requirements that demonstrate good moral character and do not pose a threat to public safety.

The application process for Form I-881 involves specific steps, including preparing the form according to detailed instructions, gathering necessary evidence, understanding the associated fees and waiver options, and attending a biometric services appointment if required.

Form Instructions

Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal, must be completed thoroughly and accurately. Applicants should fill out the form electronically or by hand in black ink, ensuring all relevant sections are answered. It is crucial to review the form’s instructions carefully to avoid any errors that could delay the process.

Evidence Submission

Applicants must collect and submit all relevant documents and supporting evidence as required by the form’s instructions. This typically includes proof of identity, residency, and any other information pertinent to the individual case. The evidence should support the applicant’s eligibility for suspension of deportation or special rule cancellation of removal.

Filing Fees and Waivers

The filing fee for Form I-881 must be paid unless the applicant is eligible for a fee waiver. Fee waivers are available for those who demonstrate an inability to pay, based on guidelines provided by U.S. Citizenship and Immigration Services (USCIS). Applicants must submit Form I-912, Request for Fee Waiver, if seeking a waiver.

Biometric Services Appointment

Some applicants may be required to attend a biometric services appointment. Notifications for the appointment come after the form has been submitted, and it will include fingerprinting, photographing, and/or signing to confirm identity and conduct necessary background checks. The appointment letter will provide details on the time, date, and location.

The adjudication process for Form I-881 involves a methodical review by the United States Citizenship and Immigration Services (USCIS) to determine an individual’s eligibility for suspension of deportation or special rule cancellation of removal under NACARA.

Initial Evaluation

USCIS first conducts an initial evaluation to verify the completeness of Form I-881 and the presence of the requisite supporting documents. During this phase, eligibility criteria are checked against the information provided, including the applicant’s background and basis for application. It is essential that all fields on the form be filled accurately and entirely in black ink to avoid processing delays.

Interview and Evidence Assessment

Applicants may be called for an interview where USCIS officers examine the credibility of the applicant’s claims and the authenticity of the submitted evidence. The interview is a critical point where officers assess:

• Consistency of the applicant’s verbal and written statements
• Corroborating documentation against the claims made in the application

Evidence that is reviewed may include but is not limited to, country conditions, personal affidavits, and proof of the applicant’s presence and physical residence in the United States for the required period.

Decision Notification

After the interview and evidence assessment, the decision on the Form I-881 application is made, and the applicant is notified formally by USCIS. Notifications typically articulate:

• The decision: Approval or denial of the suspension of deportation or cancellation of removal.
• Reasons for the decision: Explanation of factors leading to the decision, should the application be denied.

Applicants who receive approval are granted relief from deportation while those denied may be informed of the possibility of appeal or motions to reconsider the application in accordance with the law.

After a decision is made on Form I-881, specific procedures must be followed, depending on the outcome. Proper documentation or timely appeals are essential steps in this phase.

Approval and Documentation

If Form I-881 is approved, the applicant receives documentation confirming their status adjustment. The United States Citizenship and Immigration Services (USCIS) issues a notice of approval, along with instructions for obtaining a new immigration status.

• Notice of Approval: An official letter confirming approval and next steps.
• Adjustment of Status: Information on how to update their status with the USCIS.

Denials and Appeals

In case of denial, the applicant is informed through an official notice which includes the reasons for the denial and the rights to appeal the decision.

• Notice of Denial: An official letter outlining the reasons for denial and any available remedies.
• Right to Appeal: Clear instructions and deadlines for filing an appeal or a motion to reopen or reconsider the decision.

When applying for Form I-881, individuals should be aware of specific provisions if they hold Temporary Protected Status (TPS) or are under Deferred Enforced Departure (DED). These statuses carry unique eligibility and filing requirements.

Temporary Protected Status (TPS)

Individuals who are currently designated under TPS may be eligible to apply for suspension of deportation or special rule cancellation of removal using Form I-881. They must, however, ensure compliance with the specific conditions of their TPS, including continued renewals and abiding by any employment authorization requirements.

Deferred Enforced Departure (DED)

Similarly, those granted DED should carefully assess whether applying for relief through Form I-881 interferes with their current protection. They should maintain their DED status according to stipulated guidelines while their I-881 application is processed to avoid any potential issues with their authorization to remain in the United States.