Feds: No US visa, no entry for alien workers into NMI

A ranking official of the U.S. Citizenship and Immigration Services confirmed yesterday that foreign workers who exit the CNMI before the start of the transition to federal immigration would need a U.S. visa to be able to return for work purposes, and that no “green card” will be granted to foreign workers by virtue of their long stay in the CNMI.

Michael Aytes, acting deputy director of USCIS, said that as of this time, the start of the transition period is still scheduled for June 1, 2009.

But he said Homeland Security Secretary Janet Napolitano is “personally looking at the facts and circumstances” about the CNMI government’s request to delay federalization by six months.

There is also no requirement at this time for all foreign workers in the CNMI to register with the USCIS office located at the TSL Plaza in Garapan once the transition period begins.

Aytes, who is on Saipan to lead yesterday’s grand opening of the USCIS’ Application Support Center, said the waiving of fees for green card applications will be decided on an individual basis, and not based on any group or class of people, including those who are immediate relatives of Freely Associated States citizens in the CNMI.

“Where we can, we try to be as flexible and understanding as we can,” Aytes said during the center’s grand opening ceremonies.

Rabby Syed, president of the United Workers Movement NMI, said a green card application costs more than $3,000, and most immediate relatives of U.S. and FAS citizens eligible to apply for a green card cannot meet the minimum income requirement set by DHS.

In addition to providing the traditional service of fingerprinting and biometric services, the center also offers information appointments for general immigration inquiries using InfoPass, a multilingual Web-based system that is free on www.uscis.gov.

“It’s our privilege to be here to be able to serve you in this critical period,” said Aytes, referring to the CNMI’s transition to a federal immigration system.

Besides Aytes, other ranking USCIS officials also flew in for the event, including Western region director Carolyn Muzyka, Guam field office director Walter L. Haith, and Marie Therese Sebrechts, regional media manager.

Gov. Benigno R. Fitial, who was among the dignitaries at the ceremony, said he is still hopeful that the beginning of the transition period will be delayed by 180 days.

‘Almost’ single point of service

But while people from the CNMI will no longer have to travel to Guam for fingerprinting, biometrics or federal immigration information, they still need to make a trip to Guam for the final green card application.

David G. Gulick, district director of USCIS, said at the moment, they are asking for legal opinion whether or not the center on Saipan can do the final green card application interview here.

“If we can, we will. If we can’t, then they still have to go to Guam. That’s a legal decision and we asked for guidance. …We are hoping we can do that here,” he said.

Aytes told the guests at the ceremony that the center is poised to be able to provide a single point of service on Saipan.

The center, which had a soft opening on March 2, has the ability to provide biometrics and fingerprinting services to as many as 20 individuals a day, in addition to at least 20 clients who come in for general information services.

Gulick said clients of the center on Saipan need not wait for long hours to be provided service if they have an appointment.

USCIS is the largest immigration service in the world. It issues permanent resident cards or green cards, conducts national security backgrounds, captures sets of fingerprints for immigration applications, processes applications for immigrant benefits, grants asylum to foreigners, and naturalizes individuals serving in the U.S. military, among other functions.

No US visa, no entry into CNMI

This is the first time that a key USCIS official has confirmed CNMI Immigration director Melvin Grey’s earlier announcement that foreign workers who exit the islands before the transition period cannot re-enter the Commonwealth using the local work/entry permits.

“A person needs a visa to come to the CNMI after the transition date, even if they have status here. Even if we give them a status, after the transition date and they travel, they are going to need the appropriate visa to come back,” he said.

The CNMI at the moment is the only U.S. territory that does not require a U.S. visa.

Aytes said the U.S. Customs and Border Protection will inform airlines about the kinds of documentation they should expect before they board someone to come back to the CNMI after the transition period.

He said “temporary workers will not get permanent residence simply because they worked here for a period of years.”

Those long-term workers with U.S. citizen children and who ask to be given a status to be able to remain here will be looked at on a case-by-case basis, he added.

Aytes was also the guest speaker at yesterday’s Rotary Club of Saipan meeting at the Hyatt Regency, where he talked about the importance of opening the new USCIS center on the island and answered questions about federalization.

Ronnie Doca, board chairman of the United Workers Movement NMI, said foreign workers are still hoping that they will be granted a better immigration status once the transition period begins, although he said it’s always good to hear directly from federal officials.