All these must be acted upon and resolved prior to Nov. 28. Those whose status remains unresolved on that date will be subject to removal by the U.S. immigration authorities.
The attorney general, who oversees the Division of Immigration, has promulgated amendments to the existing immigration rules and regulations that should make this work smoother. The proposed amendments were published in the commonwealth register on Aug. 27, 2009. The final version was published on Oct. 6, 2009 as an addendum to the Sept. 28, 2009 Commonwealth Register.
The following will highlight the changes that are made by the new amendments:
Minimum income requirement to sponsor immediate relatives
This provision has been the subject of many changes over the years. Prior to 1989, there was no minimum income requirement to sponsor immediate relatives of foreign national workers. Then a $20,000 annual income requirement was imposed which put the sponsoring of family members beyond the means of most contract workers. This requirement was substantially lowered by regulation effective Jan. 1, 2009 which required the sponsoring worker to have an income equivalent to full time employment (40 hours per week) at the current minimum wage for the preceding four months. The new amendment clarifies this provision, that the minimum wage required is the federally mandated minimum wage as applicable to the CNMI. There are still categories of workers to whom the federally mandated minimum wage does not apply. The amendment makes clear that for purposes of sponsoring immediate relatives, the foreign sponsoring worker must at least earn the federally mandated minimum wage.
IR permits for widows and widowers
It has been the policy of the CNMI Division of Immigration to renew IR permits for widows and widowers of U.S. citizens, U.S. permanent residents and U.S. nationals without limitation until such time that the person remarries. The new rule confirms that policy and allows such persons to apply for IR status and an accompanying two year entry permit at any time. The purpose of this amendment is to help such persons adjust to U.S. legal permanent resident status, provided that they are otherwise qualified and they so desire.
Immediate relatives of aliens classification
The first part of this amendment does not create anything new. It is a housekeeping matter that will make it easier for the public to understand which classes of entry permits have accompanying immediate relative categories. The holders of the following classes of entry permits may sponsor immediate relatives: government employees, diplomats, foreign investors, representatives of the foreign press, foreign national workers, ministers or religious leaders, long-term business entry permit holders, retiree investors and citizens of the Freely Associated States. There may be additional requirements and qualifications under these categories. Restrictions with respect to an immediate relative who is a disabled dependent child may be waived by the director.
The second part of this amendment is new. It expands the definition of “immediate relative” in this category to include “common-law spouses” in families where the family unit includes at least one child (natural, adopted or step-child) who is under the age of 16. Persons in this category may remain in the commonwealth for the same period as the sponsoring alien provided the sponsoring alien meets the requirements to be a sponsor, including income requirements discussed above. The sponsoring alien must post a bond for twice the cost of return travel to country of origin, and commit to be responsible for any medical expenses incurred by the sponsored immediate relative. This is a humanitarian effort by the commonwealth government to keep families together that might otherwise be separated by the effects of the coming federalization of immigration.
Change in permit classification eased
Under prior practice, an alien seeking to change his or her entry permit classification, (for example from a foreign national worker to an immediate relative), was required to exit the commonwealth and re-enter under the new entry permit. A waiver was available but rarely and unevenly granted. This new provision assures that if an alien may applies for a new permit classification more than 30 days prior to permit expiration, he or she may do so without having to exit the commonwealth. Applications made less than 30 days prior to expiration will still require an exit unless the director waives it in the interest of the commonwealth.
Aliens with pending legal matters
A provision which barred aliens with pending labor, immigration or other legal matters from applying for entry permits has been repealed. Persons in this category are eligible to apply for 240P Temporary Work Entry Permits at the discretion of the attorney general. This category has been expanded to include not only aliens who are victims or witnesses in a civil or criminal proceeding, but also a “party in a civil or criminal matter pending before a commonwealth court or agency.” This is a considerable expansion of this class of permit and will offer status to many persons who have not been covered in the past. The expansion of this class of permit is the implementation of policy expressed in “The Commonwealth’s Protocol for Implementation of P.L. 110-229” issued by the governor on Sept. 15, 2009.
The information contained in this column is intended as general information only, and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. Readers may submit questions regarding federalization or immigration issues to the authors by e-mail to .
