These immediate relatives, or “IRs,” have been eligible for annually renewable IR permits to live and work in the CNMI without restriction.
All of this will change radically after November 28. “IR” is not a status that is recognized under U.S. immigration law. As far as U.S. law is concerned an IR is simply an alien without an immigration status who may or may not be eligible for a green card or some other U.S. visa category. If an IR is not eligible for a U.S. visa category, then that IR is potentially subject to deportation. In order to legally remain in the CNMI, every IR will need to transition into an immigration status recognized by U.S. law.
The following are some common questions asked with regard to IR status:
Q: I have been married to a local U.S. citizen for 10 years; I have an IR permit and I have a good job with a local company. I am worried about being deported or losing my job. What should I do?
The first thing you need to do is to make sure that your IR entry permit is renewed for the maximum permitted time, which since January 2008, has been two years. These permits will be honored by the U.S. for up to two years after November 28, 2009; but they cannot be renewed after that date. This will give you time to obtain a U.S. visa. In your case, since you are married to a U.S. citizen, you are eligible for U.S. permanent residence (“green card”). Once you have a green card, you can live and work in all parts of the United States, including the CNMI, without restriction. We will probably do a subsequent column devoted entirely to green card applications. However, you may obtain information and forms from the U.S. Citizenship & Immigration Service at http://www.uscis.gov/portal/site/uscis.
Q: I have U.S. citizen children, so I won’t get deported, right?
This is without a question the most heart-rending issue that people bring to us. Unfortunately, the simple answer is that having U.S. citizen children is not a defense against deportation.
In a series of cases decided in the U.S. beginning in the 1950’s the law is clear: if a person is found to be deportable, that person will be deported with or without her U.S. citizen children; there are few exceptions.
It is the choice of the person under a deportation order whether or not she wishes to take her children with her or make other arrangements. The policy of the U.S. government is that it does not want to give an incentive to illegal aliens to have U.S. citizen children in order to avoid deportation.
Now obviously the situation in the CNMI is different. Most if not all aliens with U.S. citizen children entered the CNMI legally. They have had legal status in the CNMI either as guest workers or as immediate relatives. They are not trying to go to the U.S.; instead, the U.S. is coming to them. Unfortunately, “immediate relative” is not a status recognized by U.S. immigration law. An immediate relative is eligible to apply for permanent resident status (“green card”) but the mere fact of being the wife, husband, parent or child of a U.S. citizen does not confer any immigration status. If you are eligible to apply for permanent resident status, by all means, do so, as soon as possible. If you are not eligible, then you may be able to obtain an employment related status, such as CNMI-Only Transitional Worker or H1 or H2B visa status. (We will discuss these various options in future columns.) In order to give yourself time to explore your options and plan your future, please make sure your IR permit is current and extended for the maximum time available.
Questions regarding immediate relative status will be continued in next week’s column.
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 [email protected]. Readers may also submit written questions through the Marianas Variety at [email protected]
