Notice Regarding Adjustment Applications under the Nicaragua Adjustment and Central American Relief Act and the Haitian Refugee Immigration Fairness Act

On May 21, 1998, the Immigration and Naturalization Service (INS) issued regulations governing adjustment of status for certain nationals of Nicaragua and Cuba under the Nicaragua Adjustment and Central American Relief Act (NACARA).  On May 12, 1999, the Immigration and Naturalization Service released regulations governing adjustment of status for certain Haitian Nationals under the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).

The regulations governing both of these adjustment programs require that adjustment applicants obtain a "police clearance" from each municipality where the applicant has resided for 6 months or longer since arriving in the United States.  The regulations also provide for a waiver of this requirement if the local or State police department will not issue such a clearance as a matter of policy.   The New York City Police Department has notified the New York District Office of the Immigration and Naturalization Service that, as a matter of policy, it will only issue clearances in cases where a state or federal law enforcement fingerprint search is not available.  Applicants for adjustment of status will be fingerprinted by the Immigration and Naturalization Service.  As such, the New York City Police Department will NOT issue a police clearance for adjustment applicants under HRIFA or NACARA.   As authorized by regulation, the District Director for New York has waived the police clearance requirement for applicants living within the five boroughs of New York City.

On immigration-related matters, ONLY those with an INS issued Form N-14, I-72, or I-797 with specific instructions to obtain a Good Conduct Certificate will need to obtain that certificate.  If you do NOT have an INS issued N-14, I-72 or I-797, do not ask for a Good Conduct Certificate.  The New York City Police Department has advised us that you will not be issued a Good Conduct Certificate unless you have one of these forms.

If you are scheduled for an interview with the INS, go to that interview as scheduled.  If you need a Good Conduct Certificate, the interviewing officer will issue the proper form.

This is information was directly obtained from:

US Immigration and Naturalization Service
New York District