USCIS: In-home caregivers eligible for parole

U.S. citizens and legal residents of the CNMI who need special care can now heave a sigh of relief after U.S. Citizenship and Immigration Services said that humanitarian parole will be given to foreign workers who are in-home caregivers if he or she is required for extraordinary medical or special needs and meets other conditions for eligibility.

“With the expiration of umbrella permits on Nov. 27, 2011, caregivers such as these may not have another option under U.S. immigration law and in-home care services currently may not be available through the commercial sector,” USCIS said in a statement yesterday.

USCIS said it will also consider granting parole for urgent humanitarian reasons when:

– There is a compelling medical or special needs situation; and

– The existing foreign caregiver has worked for a disabled or special needs individual in the CNMI prior to Nov. 28, 2011.

In an email from press secretary Angel Demapan, he extends the Fitial administration’s appreciation to USCIS for allowing parole for in-home caregivers.

“The Fitial administration is pleased to learn of the decision of USCIS to extend parole-in-place for in-home caregivers. This is certainly good news for our residents who have critical medical or special needs. This was one area of concern that Gov. [Benigno R.] Fitial constantly fought for during his meetings with USCIS and DHS officials in Washington,” said Demapan.

Delegate Gregorio Kilili C. Sablan, meanwhile, said he received early word of the USCIS’ decision and sent thank-you notes to USCIS officials with whom he has been working to solve the caregiver problem.

“I think I speak for everyone whose family depends on having an in-home caregiver, when I say thank you to [Department of Homeland Security] Secretary Janet Napolitano and to all of her staff who worked on this issue,” said Sablan.

The two-term U.S. congressman said the decision to make caregivers eligible for parole was a direct result of USCIS’ outreach efforts in September.

“USCIS Director [Alejandro] Mayorkas made the decision to expend considerable resources of time and money to send a team out to the Marianas for almost three weeks to explain the new CW worker regulations,” Sablan recalled.

“They came to answer questions. But they also listened. And they learned about the caregiver problem from those affected. That personal contact made a difference in how the agency thought about this problem and led to today’s decision.”

The USCIS announcement, which includes guidelines and instructions for applying for caregiver parole, is available at the congressional offices on Saipan, Tinian, and Rota.

Caregivers who have already applied for parole do not have to reapply as a result of yesterday’s announcement. Applications already filed will remain active.

“USCIS has shown that it is able to be flexible during the transition period and respond to the specific situation in the Northern Marianas. Now I urge every family that employs a caregiver for medical reasons or for other special needs to get that caregiver to apply for parole. Time is short: Nov. 27 is just one month away,” added Sablan.

Demapan, meanwhile, said the Fitial administration was initially troubled that parole for in-home caregivers was not taken into consideration in the final CW rule and embarked on taking steps to issue an executive order to address this matter.

“Now, that this new authority has been announced by USCIS, the administration will certainly look into the terms and conditions further before it will render a decision on the pending executive order currently undergoing legal review,” he said.

The executive order Demapan alluded would permit individuals who pay for the care of another person, and who hire an alien for that purpose, to apply for a CNMI business license as a sole proprietor in the absence of a parole for them in the CW final rule.

With the publication of the transitional worker final rule in September, USCIS said many foreign workers in the CNMI will be able to obtain authorization to live and work in the CNMI through a petitioning employer; however, USCIS will continue to consider parole for specific situations, including that of CNMI permanent residents and their immediate relatives and the immediate relatives of nationals of the Freely Associated States.

“USCIS may grant parole on a case-by-case basis based on the individual circumstances presented and has exercised parole authority on a case-by-case basis in the CNMI since 2009 for urgent humanitarian reasons or significant public benefit,” the agency statement reads.