We hope to reach an audience that includes locals and foreign workers, employers and employees, and families and friends of foreigners living and working in the CNMI. Federalization of immigration is a community issue that will touch the life of every person living in the commonwealth. The better information that everyone has on the issues involved, the better everyone will be able to cope with the coming changes. We hope to educate people about available options so that they are empowered to make better choices.
We are attorneys practicing immigration law on Saipan. During the past year, we have had a significant increase in the number of people who have come to seek our help on immigration matters. We have also conducted numerous public forums on federalization and have spoken to many hundreds of people. Therefore, we have a good idea of what is on people’s minds, what their concerns are regarding federalization. Over the course of these columns, we will address the most commonly expressed concerns that people have brought to us, dispel rumors, and respond to questions raised by readers. We will also try to keep our readers up to date on evolving issues.
This week we will address some common rumors about federalization:
Q: I have been in the CNMI for 10 years, can I get my green card now?
This is probably the most persistent and pernicious rumor that we continue to encounter. The answer is that mere presence in the CNMI, even if continuously legal, is no basis whatsoever for any kind of U.S. immigration benefit; neither permanent residency, also known as a “green card,” nor U.S. citizenship. In other words, no matter how many years a foreigner has lived and worked in the CNMI, this does not entitle him or her to any kind of extended immigration status. Earlier draft version of the federalization law contained an immigration benefit for long term alien workers. There were different versions of this benefit in different drafts of the bill. The final version of the bill, however, deleted this benefit in its entirety. U.S. Public Law 110-229, the Consolidated Natural Resources Act or “CNRA,” as enacted by the U.S. Congress and signed by President Bush on May 8, 2008, confers no immigration benefits whatsoever on long term contract workers in the CNMI. What the law does require is that by May 8, 2010, the secretary of the interior, in consultation with the secretary of homeland security and the governor of the commonwealth shall submit a report to the U.S. Congress which shall include a recommendation regarding any long term immigration status for guest workers in the CNMI. This, at best, is a long shot that is worth working toward but should not be relied on as the basis for making long term plans.
Q: I don’t have to worry about federalization because they will extend it, right?
Wrong. The CNRA contains a one-time six month delay in the commencement of the implementation of the federalization law. Any further delays would require an act of the U.S. Congress, an amendment to the CNRA. The likelihood of such an event is close to zero. The CNMI’s influence on the stage of national politics is infinitesimally small. What may be a huge crisis to us is barely a ripple in Washington. We believe that the only rational thing to do is to assume that implementation will begin on Nov. 28, 2009 and make decisions and plans accordingly. In the unlikely event that the implementation date is extended, then we will simply be ahead of the game.
Disclaimer: The information contained in this column represents the opinion of the authors and is intended general information and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. The authors or the Marianas Variety will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this column. Please submit any questions regarding federalization or immigration issues to the authors by e-mail to [email protected]. You may also e-mail written questions to [email protected].
