NACARA 203 is relief that USCIS or an immigration judge can grant to certain Guatemalans and Salvadorans whose time in the United States goes back decades. For Guatemalans, every route on USCIS’s NACARA 203 page turns on dates between 1990 and 1995: a first entry on or before October 1, 1990, ABC registration on or before December 31, 1991, and an asylum application on or before January 3, 1995. The other route is an asylum application filed on or before April 1, 1990. If none of those dates fits you, or the spouse or parent your case would come through, NACARA 203 is not your route. This page sets out what USCIS, the Form I-881 instructions, the USCIS fee schedule and the federal regulations say. It is general information, not legal advice: confirm your own case with an attorney or a DOJ-accredited representative before you file.
Quick summary: NACARA 203 for Guatemalans covers the ABC class (entered by October 1, 1990, registered for ABC by December 31, 1991, asylum filed by January 3, 1995, not apprehended at entry after December 19, 1990) and people who filed for asylum by April 1, 1990 and have no final decision. Qualified family members can also be eligible. The application is Form I-881 (edition 01/20/25). The standard test is 7 years of continuous physical presence, good moral character, extreme hardship and that you deserve the benefit. You may file with USCIS if your asylum application is pending with it, even after being placed in proceedings if those proceedings were administratively closed under the ABC settlement. If you are in deportation or removal proceedings, USCIS says you may make an initial application before the Immigration Court. Cases under the heightened standard are referred to the court. USCIS also says a person battered or subjected to extreme cruelty by someone in one of these categories may be eligible to apply with an immigration judge. The fee is $340 on USCIS’s 10/07/26 schedule, or a $165 Immigration Court Fee if you file with the court. You pay by card (G-1450) or bank transfer (G-1650). A USCIS grant makes you a lawful permanent resident.
Who qualifies: the Guatemalan routes
USCIS’s NACARA 203 eligibility page (last updated 04/17/2026) describes the ABC class route for Guatemalans in one sentence: «A Guatemalan who first entered the United States on or before October 1, 1990 (ABC class member); registered for ABC benefits on or before December 31, 1991; applied for asylum on or before January 3, 1995; and was not apprehended at time of entry after December 19, 1990». The same page covers the second route: «A Guatemalan or Salvadoran who filed an application for asylum on or before April 1, 1990 and has not received a final decision on your asylum application».
| Route | What has to be true | Source |
|---|---|---|
| ABC class | First entered on or before October 1, 1990. Registered for ABC benefits on or before December 31, 1991. Applied for asylum on or before January 3, 1995. Not apprehended at the time of entry after December 19, 1990 | USCIS NACARA 203 page; I-881 instructions |
| Early asylum filer | Guatemalan or Salvadoran who filed for asylum on or before April 1, 1990, with no final decision | USCIS NACARA 203 page; 8 CFR 240.61 |
| Family member | Spouse, child, or unmarried son or daughter of a person granted suspension of deportation or special rule cancellation of removal under NACARA 203. The relationship must have existed when that person was granted. A son or daughter who is 21 or older at the grant must have entered the US on or before October 1, 1990 | USCIS I-881 page; I-881 instructions |
| Battered or subjected to extreme cruelty | An individual battered or subjected to extreme cruelty by a person described in the categories above. USCIS says they may be eligible to apply for NACARA 203 relief with an immigration judge | USCIS NACARA 203 page |
On that last row, USCIS’s NACARA 203 page says: «Individuals who have been battered or subjected to extreme cruelty by an individual described above, may be eligible to apply for NACARA 203 relief with an Immigration Judge (IJ)».
The USCIS I-881 form page (last updated 06/01/2026) words the ABC route a little differently. It says you registered for ABC benefits on or before December 31, 1991, or affirmatively filed Form I-589 between December 19, 1990 and December 31, 1991. It does not repeat the January 3, 1995 asylum date. The NACARA 203 page and the I-881 instructions do, so we list it above.
Who is shut out. USCIS says: «You must not have been convicted of an aggravated felony to qualify for NACARA 203». The regulation, 8 CFR 240.61, says the same and points to the definition in section 101(a)(43) of the Act.
People with a final order. USCIS’s NACARA 203 page says that if you would qualify but received a final order of deportation or removal, you must have filed a motion to reopen with the Executive Office for Immigration Review (EOIR) by September 11, 1998.
Old EOIR-40 filings. The I-881 instructions say that if you filed Form EOIR-40, Application for Suspension of Deportation, before June 21, 1999, you do not need to file Form I-881. After June 21, 1999, the court will not accept Form EOIR-40 for NACARA 203 relief.
What you have to show
USCIS’s NACARA 203 page lists four things:
- Seven years of continuous physical presence in the United States.
- Good moral character during those seven years.
- That your deportation or removal would cause extreme hardship to you or to your spouse, child or parent who is a U.S. citizen or permanent resident.
- That you deserve the benefit.
The page says the seven years are counted on the day you file the application. The regulation, 8 CFR 240.66, describes the period as 7 years «immediately preceding the date the application was filed».
The heightened standard. The I-881 instructions say you may be required to show ten years of physical presence and exceptional and extremely unusual hardship if you are deportable or removable based on certain provisions of the immigration law. USCIS’s NACARA 203 page adds: «If you applied with USCIS and you are subject to the heightened standard, your NACARA application cannot be granted by USCIS and it will be referred to the Immigration Court for a decision».
Trips to Guatemala and the 90/180-day rule
If you have traveled to Guatemala or plan to, this rule matters. For special rule cancellation of removal under NACARA, 8 CFR 240.64 says «the applicant shall be considered to have failed to maintain continuous physical presence in the United States if he or she has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days». The same section treats as brief a single absence of 90 days or less, or absences totalling no more than 180 days. Check any past or planned trip with your representative before you file.
Who decides: USCIS or the immigration court
| Your situation | Where the case is decided | Source |
|---|---|---|
| You applied for asylum on or before January 3, 1995 and it is pending with USCIS | You may file with USCIS. The instructions add that even if you were placed in proceedings, you may still be eligible to apply with USCIS if those proceedings were administratively closed under the ABC settlement agreement | I-881 instructions |
| You are in deportation or removal proceedings | The I-881 page says you may make an initial application before the Immigration Court. The instructions say you must be in proceedings to make an initial application there | USCIS I-881 page; I-881 instructions |
| You applied with USCIS but the heightened standard applies | USCIS refers the case to the Immigration Court | USCIS NACARA 203 page |
| You were battered or subjected to extreme cruelty by a person in one of the eligible categories | May be eligible to apply for NACARA 203 relief with an immigration judge | USCIS NACARA 203 page |
Two conditions in the I-881 instructions matter before you file. First: «USCIS cannot grant suspension of deportation or special rule cancellation of removal unless you admit that you are inadmissible to or deportable from the United States». Second, the instructions describe cases in which USCIS will «refer your application to EOIR for adjudication in deportation or removal proceedings». Ask your representative what a referral would mean for you. To track a case already in court, see how to check an immigration court case.
The fee and how to pay it
USCIS’s fee schedule, Form G-1055, edition 10/07/26, lists these rows for Form I-881 (read October 16, 2026):
| Situation | Fee |
|---|---|
| General filing with USCIS | $340 |
| Filing as an abused spouse or child applying for NACARA benefits | $0 |
| Filing with the Immigration Court (EOIR) | $165 Immigration Court Fee |
| USCIS refers the application to the Immigration Court | $0 Immigration Court Fee |
On the court fee, G-1055 says: «The court will charge a single fee separate from the USCIS filing fee for applications filed by one or more applicants in the same proceeding». For referred cases it says the court will not charge a fee separate from the USCIS filing fee, if any.
Fee waiver in court. The I-881 instructions say that in Immigration Court proceedings «an immigration judge has the discretion to waive a fee for an application for relief upon a showing that the filing party is unable to pay the fee» (8 CFR 1003.24).
How to pay. G-1055 says that when filing by mail you can pay by «credit, debit, or prepaid card by completing Form G-1450, Authorization for Credit Card Transactions», or directly from a U.S. bank account with Form G-1650, Authorization for ACH Transactions. Paper payment is the exception: «If you qualify for an exemption from the requirement to use an electronic payment method, you must mail your benefit request with the correct fee payment and a completed and signed Form G-1651, Exemption for Paper Fee Payment». G-1055 also warns: «If the fee is incorrect, your application, petition, or request will be rejected».
Older instructions. The I-881 instructions (edition 01/20/25) still tell filers to pay by check or money order, with separate payments for the I-765 and the I-881. The fee schedule is the newer document (edition 10/07/26), so this page follows its card and bank-transfer rule.
The October 16, 2026 change. The G-1055 page carries an alert that «The new inflation-adjusted fees are effective Oct. 16, 2026». The I-881 rows we read on that page show only the four figures above, with no extra fee line. Open G-1055 on the day you file and confirm the I-881 figures then.
The biometrics fee and the work permit (I-765) fee were not part of the I-881 fee rows we read, so we do not give figures for them.
Step by step
- Match your dates. Compare your entry date, ABC registration and asylum filing with the routes table above. For the family route, check the date of your spouse’s or parent’s NACARA 203 grant.
- Check the bars. Look at any aggravated felony conviction, any final order and whether a motion to reopen was filed by September 11, 1998, and every trip abroad against the 90/180-day rule.
- Work out where you file. Use the USCIS-or-court table. If you are in deportation or removal proceedings, the USCIS I-881 page says you may make an initial application before the Immigration Court. If your proceedings were administratively closed under the ABC settlement agreement, the I-881 instructions say you may still be eligible to apply with USCIS.
- Gather evidence. USCIS’s decision-process page (last updated 03/08/2018, so treat it as older guidance) lists proof that you filed income taxes during the seven years of presence, proof of the hardship you or your family would suffer, and court disposition documents for any past criminal proceedings or serious traffic violations.
- Complete Form I-881 and pay. Use edition 01/20/25 of the form. Attach Form G-1450 or G-1650, or G-1651 only if you qualify for the paper exemption. The USCIS I-881 page lists this filing address: USCIS, Attn: Form I-881, 10 Application Way, Montclair, CA 91763-1350. The I-881 instructions say you must have a United States address to file.
- Receipt and fingerprints. USCIS’s decision-process page says USCIS mails a receipt notice, and anyone 14 or older must be fingerprinted after applying. It says FBI fingerprint responses are valid for 15 months, and USCIS cannot grant relief if the response has expired. The instructions warn that, before an immigration judge, missing a biometrics appointment without good cause may lead the judge to find your application abandoned.
- Work permit (optional). The I-881 instructions say you may apply for employment authorization while applying for NACARA 203 relief, under 8 CFR 274a.12(c)(10).
- Interview. See the next section.
- Keep your address current. The I-881 instructions say non-citizens must notify USCIS of a new address within 10 days of moving.
The USCIS interview
- Timing. USCIS’s decision-process page says: «We cannot provide a specific time period when we will schedule you for an interview». It gives priority to applicants with children in the US who entered after October 1, 1990 and will turn 21 within a year.
- Lawyers must attend in person. USCIS’s NACARA 203 page says that from May 18, 2026, attorneys and accredited representatives can no longer join NACARA 203 interviews remotely, except in limited circumstances: «All legal representatives must be physically present to attend these interviews».
- Interpreter. The I-881 instructions say that if you cannot do the interview in fluent English, you must bring a competent interpreter. The interpreter must be fluent in English and in a language you speak fluently, and must be at least 18. USCIS will not pay for the interpreter.
- Rescheduling. The decision-process page says you can reschedule once without a reasonable excuse if USCIS receives the request at least two days before the interview. You cannot reschedule or discuss your case by telephone.
If USCIS grants NACARA 203
The I-881 instructions say: «If USCIS grants you suspension of deportation or special rule cancellation of removal, your status will be adjusted to that of a lawful permanent resident». The decision-process page says a valid passport may be stamped with temporary evidence of permanent resident status. From there, the green card rules apply. See renewing a green card (I-90), the re-entry permit for long trips and US citizenship (N-400).
Related
- Asylum for Guatemalans in the US
- TPS for Guatemalans
- Check an immigration court case (EOIR)
- I-601A waiver for Guatemalans
- Pay an ICE immigration bond
- All diaspora guides
Sources
- USCIS, NACARA 203: Eligibility to Apply with USCIS (last updated 04/17/2026): https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/nicaraguan-adjustment-and-central-american-relief-act-nacara-203-eligibility-to-apply-with-uscis (fetched October 16, 2026)
- USCIS, Form I-881 page (last updated 06/01/2026; form edition 01/20/25): https://www.uscis.gov/i-881 (fetched October 16, 2026)
- USCIS, Instructions for Form I-881 (edition 01/20/25): https://www.uscis.gov/sites/default/files/document/forms/i-881instr.pdf (fetched October 16, 2026)
- USCIS, G-1055 Fee Schedule, I-881 section (edition 10/07/26): https://www.uscis.gov/g-1055?topic_id=97331 (fetched October 16, 2026)
- USCIS, NACARA 203: The Decision-Making Process (last updated 03/08/2018): https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/nicaraguan-adjustment-and-central-american-relief-act-nacara-203-the-decision-making-process (fetched October 16, 2026)
- eCFR, 8 CFR 240.61 (current to October 14, 2026): https://www.ecfr.gov/api/versioner/v1/full/2026-10-14/title-8.xml?part=240§ion=240.61 (fetched October 16, 2026)
- eCFR, 8 CFR 240.64: https://www.ecfr.gov/api/versioner/v1/full/2026-10-14/title-8.xml?part=240§ion=240.64 (fetched October 16, 2026)
- eCFR, 8 CFR 240.66: https://www.ecfr.gov/api/versioner/v1/full/2026-10-14/title-8.xml?part=240§ion=240.66 (fetched October 16, 2026)
Frequently Asked Questions
Which Guatemalans can apply for NACARA 203?
USCIS’s NACARA 203 page lists two routes for Guatemalans. The first is the ABC class route: you first entered the United States on or before October 1, 1990, registered for ABC benefits on or before December 31, 1991, applied for asylum on or before January 3, 1995, and were not apprehended at the time of entry after December 19, 1990. The second is for a Guatemalan or Salvadoran who filed for asylum on or before April 1, 1990 and has not received a final decision. A qualified family member of a person in one of these categories is also eligible, and USCIS says anyone convicted of an aggravated felony does not qualify.
Does USCIS or the immigration court decide a NACARA 203 case?
It depends on where your case is. The I-881 instructions say you may file with USCIS if you applied for asylum on or before January 3, 1995 and that application is pending with USCIS. They add that even if you were placed in deportation or removal proceedings, you may still be eligible to apply with USCIS if those proceedings were administratively closed under the ABC settlement agreement. USCIS’s I-881 page says that if you are in deportation or removal proceedings, «you may make an initial application before the Immigration Court», and the instructions say you must be in proceedings to make an initial application there. USCIS’s NACARA 203 page says cases subject to the heightened standard are referred to the Immigration Court. The same page says individuals who have been battered or subjected to extreme cruelty by a person in one of the categories it describes may be eligible to apply for NACARA 203 relief with an immigration judge.
How much does Form I-881 cost?
USCIS’s fee schedule (Form G-1055, edition 10/07/26) lists $340 as the general filing fee for Form I-881 and $0 for an abused spouse or child applying under NACARA. If you file with the Immigration Court, the court charges a $165 Immigration Court Fee, a single fee for one or more applicants in the same proceeding. If USCIS refers the application to the court, the court fee is $0. Check G-1055 on the day you file.
How do I pay the I-881 fee by mail?
The G-1055 fee schedule (edition 10/07/26) says mail filers pay by credit, debit or prepaid card with Form G-1450, or from a U.S. bank account with Form G-1650. Paper payment is only for people who qualify for an exemption and send a signed Form G-1651. The I-881 instructions (edition 01/20/25) still mention checks and money orders; the newer fee schedule is the rule we follow on this page. USCIS says an incorrect fee means the application is rejected.
What do I have to prove for NACARA 203?
USCIS’s NACARA 203 page lists seven years of continuous physical presence in the United States, good moral character during those seven years, that deportation or removal would cause extreme hardship to you or to your U.S. citizen or permanent resident spouse, child or parent, and that you deserve the benefit. The I-881 instructions say some applicants may have to show ten years of presence and exceptional and extremely unusual hardship instead.
Can a trip to Guatemala break my physical presence?
For special rule cancellation of removal under NACARA, the federal regulation 8 CFR 240.64 says you are considered to have failed to keep continuous physical presence if you left the United States for any period over 90 days or for periods adding up to more than 180 days. Ask your representative before any trip.
What happens if USCIS grants NACARA 203?
The I-881 instructions say that if USCIS grants suspension of deportation or special rule cancellation of removal, your status is adjusted to that of a lawful permanent resident. USCIS’s decision-process page (last updated in 2018) says that if you have a valid passport, it may be stamped with temporary evidence of permanent resident status.
