New student permit created for alien children

The Attorney General’s Office has created a special class of student entry permit allowing qualified alien minors to attend private schools in the CNMI.

Eligible for the new student permit are alien children under the age of 14 who have parents residing legally in the Commonwealth and who have the financial resources to attend private schools.

Dubbed the “alien student attendance permit,” the new permit may be granted to children of an alien parent or parents that hold any of the following permits: short-term business entry permit, regular-term business entry permit, immediate relative of a non-alien entry permit, immediate relative of U.S. citizen permit, foreign press entry permit, distinguished merit entry permit, minister of religion permit, religious missionary permit, or retiree investor entry permit.

Alien children of nonresident workers are not qualified.

“The Attorney General has recognized that certain alien children…may be better served by a special class of student permit as opposed to an ‘immediate relative of an alien’ permit,” the AGO said in a public notice published in the latest issue of the Commonwealth Register.

The regulations were adopted on an emergency basis—or without the usual 30-day advance notice—to ensure that applicants are able to enroll and attend classes at the earliest possible date.

“Some of applicants are already enrolled and are waiting for immigration permits prior to attending class during Fall semester,” the AGO explained.

Under the emergency regulations, parents should post $25,000 as cash bond with the Commonwealth Treasury or provide a letter of credit in the same amount from an AGO-approved financial institution.

This bond may be used to reimburse the AGO for any expense incurred by the government as a result of the student’s presence in the CNMI. The entire amount may also be forfeited if the AGO determines that the alien minor or the parent has knowingly violated any terms or conditions of permit or any CNMI immigration law or regulation.

Parents are also required to provide the AGO a sworn affidavit detailing the living arrangements for the alien minor and explaining how all costs of living, potential medical costs, tuition and educational expenses will be met.

The alien student attendance permit will be valid while the student is enrolled in and attending the school, and for a period of 14 days before the start of classes and 14 days after the end of classes during a normal school term.

The student permit must be renewed before the beginning of each school term.

A non-refundable fee of $100 should be paid upon submission of the initial application, and a $75 fee upon renewal.

The emergency regulations took effect on Sept. 9 and will remain effective for 120 days. To be adopted as permanent, the regulations must be re-published on the Commonwealth Register and undergo the usual 30-day comment period.