Stricter regs sought for sponsorships, IR permits

Acting Attorney General Matthew Gregory yesterday announced that a public hearing on the proposed regulations governing sponsorships and Immediate Relative permits will be held at the Multi-Purpose Center in Susupe on Feb. 22 at 6pm.

“Most would agree [that] sham marriages are a significant and longstanding problem in the Commonwealth. As our law now stands, a foreign national may enter the islands, marry any U.S. or former Trust Territory citizen (even those with no connection to the Commonwealth), and use them as a sponsor to obtain an IR permit,” said Gregory in a statement.

This permit, Gregory said, then allows the foreign national to stay in the Commonwealth and to work without restrictions.

“Sometimes, a sponsor will enter, get married, and then leave the Commonwealth and the alien-spouse, never to return. Often, in such situations, the couple has never met. Almost always, there is an exchange of money,” he said.

The acting AG said criminal measures put in place several years ago only kick in after the marriage is complete, and have proven to be an ineffective deterrent.

Gregory said the goal of the proposed regulations is to balance the rights of those getting married for “bona fide” reasons, against the damage done to the Commonwealth when people are getting married for the sole purpose of making a dollar or obtaining an immigration benefit.

“Of course, this poses some questions. What is the correct balance? What is a ‘bona fide’ reason? For these answers, the Office of the Attorney General welcomes and needs the public’s input,” he said.

Gregory issued the statement to clarify what he described as mistakes published in CNMI newspapers (not the Saipan Tribune) about the process of obtaining an IR permit.

Gregory said that, among other errors, the media mistakenly reported that the proposed regulations require that U.S. citizens marrying foreign nationals must satisfy all of three specific requirements.

“In addition to inaccurately describing those requirements, the reports failed to mention that there are actually four conditions, but a couple need only satisfy three of them to obtain an IR permit,” he said.

The acting AG said the conditions are:

* The couple swears in an affidavit that they will live together, in the same residences, for at least the first year of marriage.

* The U.S. citizen owns or rents a residence in the CNMI.

* The couple agrees to be interviewed by Immigration each year for the first three years (discretionary thereafter) to show that they intend to establish a life together.

* The couple provides other evidence to show that they intend to establish a life together, such as joint bank accounts, shared property, or having children together.

Gregory emphasized that these regulations are merely proposed and that they are not in effect.

“Our goal is to be flexible, but effective. Among the suggestions already being considered, is to require only two of the above conditions, or to enforce the requirements for only the first year or two of a marriage,” he said.

Gregory said the government recognizes that each marriage is unique and personal, and as such, the government must avoid imposing arbitrary moral standards or unnecessarily intruding on a couple’s privacy.”

Yet, the acting AG noted, the government should certainly avoid encouraging or condoning practices that serve to debase the very institution of marriage itself. (PR)