OAG updates ‘excluded’ countries list

Acting Attorney General Gregory Baka has updated the list of “excluded locations” whose residents are subject to additional entry requirements in the CNMI, and has outlined the factors that will be considered when exercising his discretion to grant or deny a request for waiver of the exclusion.

Baka, in an April 22, 2009 public notice, designated 31 areas as “excluded locations,” including 30 countries and one Chinese province.

Pursuant to Immigration Regulation Section 80(B), the following locations are excluded locations: Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Egypt, Eritrea, the Fujian province of China, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon and Libya.

Also on the list are Morocco, Myanmar, Nigeria, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Venezuela, United Arab Emirates, and Yemen.

“Under Immigration Regulation 804(C), waivers are issued on a case-by-case basis. However, when a location appears on the list of excluded locations, the presumption is in favor of excluding all persons seeking to enter the CNMI from those locations,” said Baka.

In the two-page public notice, Baka outlined some of the factors that will be considered when exercising the attorney general’s discretion in deciding whether to grant or deny a request for a waiver of the exclusion.

These factors are divided into three categories: for visitors entering the CNMI pursuant to a visitor’s entry permit, persons applying for entry as alien workers, and special conditions under Immigration Regulations 804(C)(2).

These include humanitarian reasons such as attendance at a funeral or brief visits between a parent and child.

Another consideration is for visitors in transit to embark on commercial fishing or other vessels from a seaport in the CNMI, or crew members of a commercial air or sea vessel may be allowed entry pursuant to a prior agreement between the OAG’s Division of Immigration and an approved agent for the employer.

Baka said the applicant must show that the presence of the worker from one of the excluded locations will substantially benefit the CNMI.

This benefit must be specific and related to significantly improving the quality of life of economy in the CNMI.

“The ordinary contributions of an alien worker made during the course of employment do not constitute adequate grounds of waiver,” said Baka.

He said the fact that a person has been granted a waiver for one immigration classification, for example, as a tourist, does not guarantee that a waiver will be granted for another purpose like immediate relative, student or contract worker.

“Generally, any request for a change of status or immigration classification of a person entering the Commonwealth from an excluded location will be denied, and may subject the sponsor of the alien to an assessment against the bond posted…,” said Baka.

The acting attorney general said special conditions to be required may include notification that the Division of Immigration may not allow that visitor to change status or immigration classification while in the CNMI such as from short- or long-term tourist to immediate relative, foreign investor or student.

“Under no circumstances will a person entering on a tourist status be allowed to transfer to a nonresident worker classification unless the person departs the Commonwealth and separately applies for the new position, which application will be reviewed de novo,” said Baka.

Special conditions may also prohibit the issuance of a tourist extension and may require adherence to the itinerary submitted with the VEP application.

Other conditions may be imposed when deemed appropriate under the circumstances, Baka added.

Baka said the list of factors is a “non-exhaustive list,” and there may be other relevant factors considered in making the decision.

He said an applicant may satisfy one or more of the factors but still be denied for other reasons, and that the list does not create any rights nor should it create an expectation that a waiver will be granted if factors on the list are satisfied by an applicant.

The applicant must also comply with all other requirements of the Immigration Regulations in the application process, including the mandatory bonding and sponsor requirements, Baka added.