90-day stay permit out soon

The Division of Immigration will be issuing a new type of visitor entry permit, once the proposed regulations implementing the new 90-day stay law becomes permanent as early as next week.

Dubbed the “comity entry permit,” the new permit will be issued to citizens of a country “which the Attorney General’s Office determines provides a comparable permit to citizens of the [CNMI].”

The AGO, under the rules, should publish a list of countries for which CEPs may be issued.

According to regulations proposed by the AGO, the CEP would allow an eligible person to remain in the Commonwealth for up to 90 days—or 60 days more than the period allowed for regular tourists.

To be eligible for a CEP, a visitor must be at least 55 years old on the date of arrival in the CNMI. His or her immediate family members may also obtain CEPs, with their permits expiring simultaneously with that of the age-eligible visitor.

The proposed regulations also state that no application fee or other charge will be required for the issuance of a CEP.

“Aliens present in the CNMI pursuant to a [CEP] may freely depart and return to the Commonwealth during the 90-day period, but in no event may remain outside the Commonwealth for any period longer than 10 days,” the proposed rules added.

Further, a CEP may not be issued within 30 days after the expiration of any other permit. Neither may a CEP be extended or renewed.

But in a letter to Japan consul Takeo Saito, assistant attorney general Eric O’Malley said a person may immediately obtain a short-term tourist entry permit by departing the CNMI before the CEP expires.

“Conceivably, an eligible person could stay in the CNMI on a CEP for 90 days, depart from and immediately return to the islands on a 30-day short-term tourist entry permit, and then apply and pay [the $100 fee] for a long-term tourist entry permit extending their stay for an additional 60 days,” O’Malley said.

He, however, stressed that in every case, the passport presented must be valid for at least 60 days beyond the expected date of departure.

According to O’Malley, the proposed regulations should become permanent by July 25.

“The regulations are currently in a state of flux, some revisions having been proposed but not yet implemented or adopted as permanent. [But they] will almost certainly remain as [proposed],” he added.

The proposed regulations would implement Public Law 14-6, which Gov. Juan N. Babauta signed on May 20.

“The administration is especially supportive of this legislation due to the fact that it will allow Japanese citizens the possibility of staying in the CNMI for a period of 90 days, a courtesy that the Japanese government has extended to the CNMI for many years and a courtesy that is finally being reciprocated,” Babauta noted earlier.

He said the government is aware of concerns that some people might take advantage of this new law to illegally look for work or to commit unlawful activities but he pointed out that this concern is comprehensively addressed in the bill.

“This [measure] allows procedural and administrative safeguards to be established that will ensure that the issuance of extended entry permits will not be abused and utilized for unlawful practices.”