Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))
[I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
For any alien eligible to apply for suspension of deportation or special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
Number of Pages :
17
Edition Date :
10/26/05. Prior versions acceptable.
Where to File :
To view instructions on Where to File, go to the Special Instructions section on this page.
Filing Fee :
$285.00
Special Instructions :
You may use this form only if:
- You are a national of El Salvador or Guatemala,
- You were, on December 31, 1991, a national of Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Lithuania, Poland, Soviet Union or any republic of the former Soviet Union, Romania, Russia, Yugoslavia or any state of the former Yugoslavia, or
- You are a spouse, child or unmarried son or daughter of one of the above described nationals.
- AND if you meet the specific criteria outlined in Parts 1 and 2 of this form.
Note on Filing Fee:
All immediate family members who file their applications in a single package are eligible for the family filing fee of $570.
A $70 per person fee for biometrics may be required.
If you are filing this form with the Immigration Court, the fees are:
- $165 base application, or
- $165 single fee will be charged by the court whenever applications are filed by two or more applicants in the same proceedings.
- This fee is not required if USCIS refers the application to the Immigration Court.
Checks should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.
Note on Where to File:
If you live in AK, AZ, CA, GU, HI, ID, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, ND, OR, OH, SD, WA, WI, mail your application to the California Service Center. Otherwise, mail your application to the Vermont Service Center.
Department of Homeland Security
U.S. Citizenship and Immigration Services Department of Justice
U.S. Executive Office for Immigration Review
OMB No. 1615-0072; Exp. 02-28-06
I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA)
Instructions – Application for Suspension of Deportation or Special Rule Cancellation of Removal Pursuant to Section 203 of Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA)
What Is the Purpose of This Form?
This form is to be used by any alien eligible to apply for suspension of deportation or special rule cancellation of removal under section 203 of Public Law 105-100, the Nicaraguan Adjustment and Central American Relief Act (NACARA 203).
You may use this form only if:
(1) You are a national of El Salvador or Guatemala, or
(2) You were, on December 31, 1991, a national of the Soviet Union, Russia, any Republic of the former Soviet Union (including Armenia, Azerbaijan, Belarus, Georgia, Kazakstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzebekistan), Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany (German Democratic Republic), Yugoslavia, or any state of the former Yugoslavia (including Bosnia, Croatia, Macedonia, Slovenia, and Serbia and Montenegro), or
(3) You are the spouse, child or unmarried son or unmarried daughter of one of the above described nationals. In addition, you must meet the other requirments explained in these instructions. Certain individuals who have been battered or subjected to extreme cruelty, or whose child has been battered or subjected to extreme cruelty, may also use this form, if they meet the criteria outlined in Part I of this form.
If you are in immigration proceedings before the Executive Office for Immigration Review (EOIR) and are not eligible to apply for suspension of deportation or special rule cancellation of removal under section 203 of NACARA, you must use a Form EOIR-40 Application for Suspension of Deportation (if you are in deportation proceedings) or a Form EOIR-42B Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (if you are in removal proceedings).
These instructions are presented in eight parts:
- Part I explains who is eligible to apply for suspension of deportation or special rule cancellation of removal under section 203 of NACARA.
- Part II explains eligibility to be granted NACARA relief.
- Part III explains how to complete this application.
- Part IV explains how to apply before the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). USCIS is comprised of offices of the former Immigration and Naturalization Service (INS).
- Part V explains how to apply before the Immigration Court.
- Part VI contains information regarding the types of supporting documents you may wish to submit with your application to show that you are eligible for NACARA relief.
- Part VII contains information about employment authorization.
- Part VIII contains information about change of address notification requirements.
Please read these instructions carefully. The instructions will help you complete your application and understand how it will be processed.
WARNING: Applicants who are in the United States illegally are subject to deportation or removal if their suspension of deportation or special rule cancellation of removal claims are not granted by an asylum officer or an Immigration Judge. Any information provided in completing this application may be used as a basis for the institution of or as evidence in, deportation or removal proceedings, even if the application is later withdrawn. If you have any concerns about this, you should consult with an attorney or representative before you submit this application to the USCIS.
Form I-881 Instructions (Rev. 10/26/05)
Department of Homeland Security
U.S. Citizenship and Immigration Services Department of Justice
U.S. Executive Office for Immigration Review
OMB No. 1615-0072; Exp. 02-28-06
I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA)