Parole until Dec. 2012 for four groups in Kilili’s bill

Thanksgiving got more meaningful for thousands of nonresidents and their families when U.S. Citizenship and Immigration Services announced yesterday that it will consider granting, on a case-by-case basis, parole until Dec. 31, 2012, to the immediate relatives of U.S. citizens and certain “stateless” individuals in the CNMI.

This parole will allow individuals who are lawfully present in the CNMI as of Nov. 27, 2011, to maintain legal status in the CNMI beyond that date.

USCIS’ Thanksgiving announcement came just before the Nov. 27 expiration of umbrella permits held by these nonresidents who may not have another option under U.S. immigration law.

Delegate Gregorio Kilili Sablan (Ind-MP), who received a call from USCIS director Alejandro Mayorkas around 5am yesterday, said that a parole status until December 2012 will give Congress more time to act on his H.R. 1466.

The same individuals covered by Sablan’s H.R. 1466 are eligible to apply for this parole.

H.R. 1466 seeks a grant of CNMI-only resident status for:

– Immediate relatives of U.S. citizens as of May 8, 2008 and continuing to be on the islands;

-CNMI permanent residents;

-Those born in the CNMI between Jan. 1, 1974 and Jan. 9, 1978; and

-Spouses, parents, or children of U.S. citizens under the Immigration and Nationality Act.

However, unlike HR 1466, USCIS’ statement didn’t distinguish between those who are immediate relatives of U.S. citizens before or after May 8, 2008. This gives hope to parents of U.S. citizens born after May 8, 2008 and not covered by HR 1466.

Gov. Benigno R. Fitial expressed “grave concern” about the degree of impact this would have on the Commonwealth, said press secretary Angel Demapan.

“The cost of allowing all these unemployed [and unemployable] foreigners to remain in a very small economy like the CNMI is very high. This could give rise to a larger underground economy and cause more legitimate businesses to close,” Demapan said.

Demapan added that Fitial “is most concerned about the economic and social harm this development may cause.”

“The governor will request a meeting with USCIS Director Mayorkas when he heads to Washington, D.C. for the NGA [National Governors Association] meeting in February. Hopefully, a much more prudent and just solution can be agreed upon then,” Demapan said.

Sablan, in an interview at the Salvation Army Thanksgiving meal at Minatchom Atdao in Susupe, said he’s hoping that Fitial would join him in his effort to help U.S. citizens who happen to have immediate relatives from another country.

“Obviously, he didn’t want this to happen, [but] it did. Obviously, he didn’t want additional money for food stamps, [but] it did. This is the right thing to do and I hope the governor will find it in this heart today on Thanksgiving today [to support this],” the delegate said.

Sablan also said he’s touched by what Lt. Gov. Eloy S. Inos said on the eve of Thanksgiving, who thanked nonresidents for their contributions to the CNMI and expressing sympathy to foreign workers and their families who are affected by the recent developments in CNMI immigration.

Sablan, in responding to media questions, said he will not be changing his HR 1466 to include long-term nonresidents who do not have U.S. citizen children.

“If I include those, the bill is not going anywhere. That’s the sad news, that’s the difficult news. It’s not as if I’m working in a vacuum. It’s not as if I haven’t broached the idea, but I will say this: If we include other people besides those covered in the four groups, the bill will not move,” he said.

Marilou Ancheta, 52, said her family’s Thanksgiving just got more meaningful with this news from USCIS.

Ancheta, who came to Saipan in 1993 to work as house worker and later as a cook, lost her job only in October 2011 because of the slow economy. Losing her legal job after 18 years caused great concern to her whole family, especially since they still have two minor U.S. citizen children who might be separated from their parents who would be out of status after Nov. 28.

“Losing your job after 18 years is sad news. And it’s been difficult to find a job because of the economy and the limited period between the time I lost my job and Nov. 27. So if I could apply and get parole until December 2012, that would give me more time to look for a job and prepare the whole family,” she said.

She said she already submitted a humanitarian parole request with USCIS on Oct. 21, but has yet to receive a decision on her request.
Chan Yong, 43, was preparing to submit a humanitarian parole request when USCIS made the announcement yesterday. Now, he is not sure whether to go ahead with mailing his parole request or to wait for further USCIS instruction.

Chan came from the Jiangsu Province in China and came to work on Saipan in 2001 as a sewing machine operator/cutter. The pullout of the garment industry left him jobless since 2010. He also has a U.S. citizen son born in 2002 who has since been sent to China. Chan wants his son to come back here to study, but he has yet to find a job.

USCIS, in a statement, said those who are eligible for this kind of parole are asked not to apply for parole “until USCIS announces more specific details on how to apply.”

It said it is providing this initial information in order to address concerns of this group of CNMI residents in light of the pending expiration of umbrella permits on Nov. 27, to assist them in making appropriate plans for the future.

The public is asked to continue checking www.uscis.gov/cnmi for updates on the latest USCIS guidance.

USCIS has exercised parole authority on a case-by-case basis in the CNMI since 2009 for special situations.

There has also been a surge in the number of nonresidents applying for parole the last few weeks, along with employers’ filing of Commonwealth-only worker petitions.

USCIS said if an individual is eligible for this type of parole, he “cannot” work or apply for an employment authorization document or EAD until he is authorized for parole.

“A grant of parole will provide continuing lawful presence after Nov. 27, 2011, and authorize you to apply for an EAD,” it said.

USCIS is one of the component agencies of the U.S. Department of Homeland Security.

USCIS also said foreign workers working only under an umbrella permit “are not” authorized to be employed in the CNMI on or after Nov. 28, 2011, except for certain beneficiaries of transitional worker petitions.

Sablan said that Mayorkas, during their 5am phone conversation, said that after much consideration, the decision was reached to provide humanitarian parole to persons in the four groups covered by H.R. 1466.

“It certainly is welcome news on this Thanksgiving Day. We have been working with the White House and with the Department of Homeland Security since the beginning of the year to make parole—the administrative remedy—available in the event that H.R. 1466 had not been enacted by the Nov. 28 transition to federal immigration control,” he said.

Sablan said he’s very grateful to Mayorkas, DHS Secretary Janet Napolitano, and, ultimately, President Barack Obama.

“They understand the need for this parole, particularly so that the families of U.S. citizens will not face separation after Nov. 28, if the non-U.S. citizen family members do not have a CW or other status permitting them to remain legally in the NMI,” he said.

The delegate raised the issue with Obama most recently on Sept. 23 during a meeting at the White House.

“Today’s decision gives us some breathing room to get the bill passed. In the meantime, persons in the four groups have the opportunity to get parole status, so they can remain legally in the Northern Marianas and families will not have to face separation,” he said.

Douglas Brennan, president of the Saipan Chamber of Commerce, said yesterday that he’s happy to hear about this latest immigration news.

“It gives us a little breathing room, and will help individuals, although not everyone,” he said.

Marcos Sase, 46, said if it’s true that the kind of parole that USCIS just announced covers immediate relatives of U.S. citizens regardless of when these IRs’ U.S. citizen were born in the CNMI, then he would be eligible to apply. He said he’s not covered in HR 1466.

Sase came to Saipan in 1995 to work as a cook at Hafa Adai Beach Hotel. His latest employer was Rota Resort Hotel and Country Club but his contract was not renewed on Feb. 19, 2011. He has a 1-year-old U.S. citizen daughter.

“I am hoping that all long-term aliens in the CNMI will be granted parole. This is what we’ve been fighting for,” he said, referring to the Occupy USCIS movement that has set up a tent near the USCIS office in Garapan.