A child born in the CNMI on or after November 4, 1986, is a U.S. citizen. However, in order for a U.S. citizen child to sponsor a parent for U.S. permanent residency, the child must be at least 21 years of age. This is true even if the child is serving in the U.S. military. However, you only have three years to wait. Therefore, your strategy must be to ensure that you maintain a legitimate immigration status for the next three years until your child reaches age 21. If you are employed, it is likely that you will be able to become a CNMI-Only Transitional Worker. That status, provided you continue to be employed, will take you through at least five years. If you are not employed, your options may be severely limited. If your husband is a guest worker, it is possible there might be a status for you as his spouse. The regulations implementing the CNMI-Only Transitional Worker program have not yet been published. Therefore, we don’t know whether IRs of guest workers will continue to enjoy a legitimate immigration status. I anticipate that once the regulations are published, we will devote several weekly columns to the specifics of the regulations.
Q: I am married to an FAS citizen and I am working as an IR. What will happen to me after federalization?
You are in a very difficult situation. Pursuant to the Compacts of Free Association, citizens of the Freely Associated States, or FAS, enjoy special privileges to travel to, reside in and work anywhere in the United States and its territories. (FAS includes: Federated States of Micronesia, Republic of the Marshall Islands and Republic of Palau.) Unfortunately, privileges of FAS citizens do not extend to their spouses. Marriage to an FAS citizen does not qualify you for any U.S. immigration benefits. After November 28, 2009, all you will have is your CNMI IR status. Whenever that IR permit expires, your status also comes to an end. It is possible that you may be able to obtain a CNMI-Only Transitional Worker status. Again, the regulations implementing the CNMI-Only Transitional Worker program have not yet been published, so we don’t know what you will need to qualify. As we have said before, the solution to the FAS IR problem lies in the hands of policy makers in the U.S. and in the FAS governments.
Q: I am the widow of a U.S. citizen. My husband died five years ago. I do not have any U.S. citizen children. What will happen to me after federalization?
The spouse of a U.S. citizen is eligible for U.S. permanent residency. However, when the U.S. citizen spouse dies, the alien spouse has two years after the death to apply for U.S. permanent residency. Since your husband died more than two years ago, under current law, it is too late for you to apply for a green card. However, there have been indications that the U.S. government may be sympathetic to persons in your situation. We hope that the regulations, when they are finally published, will address your situation. If there is no special provision for you in the regulations, your options may be limited. You may, if you are able and willing to work, move into the CNMI-Only Transitional Worker program. Please be aware that you do have some time to plan for your future. Under CNMI immigration regulations effective January 1, 2009: “The Director shall make available automatic two-year permits for permanent residents, and for the immediate relatives of deceased citizens, U.S. nationals, and permanent resident should permitting be needed or required for any reason.” I suggest you go down to the Division of Immigration and request such a permit just to make sure that you have legal status at least for the next two years. During that time, you will be able to see how the implementation of the new law develops.
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 email to [email protected]. Readers may also submit written questions through the Marianas Variety at [email protected].
