Automatic parole extension: For some but not all

In our last column, we discussed the uncertainty in the community regarding the Jan. 31, 2012, expiration of parole in place for many foreigners in the CNMI. This group includes people with pending CW permits and their dependents, people with various other types of pending non-immigrant employment based visas, and persons who were granted parole in place for humanitarian reasons. Some of these persons will be granted automatic extensions of their parole and others must apply for an extension in order to maintain status.

On Jan. 30, 2012, one day before the expiration of many current paroles in place, USCIS posted on its website guidance as to how this will all work. You may want to check it out for yourself at http://tinyurl.com/3dndfyb.

To be granted automatic parole extension, a person must meet all three of the following criteria:

1. Parole in place expires Jan. 31, 2012 (please check your I-94 to see your parole expiration date);

2. Applied for parole in place after October 2011; and

3. Has one of the following applications pending:

– I-129 (for a variety of employment or investment based status, such as, E-1, E-2, E-2C, L-1, H-1, F-1, or R-1)

– I-129 CW (for CW-1 foreign workers)

– I-539 (for dependents of CW1 and other dependents of employments based status, see above).

If you meet all three conditions, your parole is automatically extended to Sept. 30, 2012. In other words, you do not need to do anything to preserve your legal presence in the CNMI. By Sept. 30, your pending application will either be approved or denied. If it is approved, you will no longer need parole in place to maintain legal status. You legal status will be whatever petition that is approved: CW worker, E-2 investor and so forth. If your application is denied, your parole will likely be revoked.

If you have an expired parole in place, but you don’t meet the automatic extension criteria, you may request an extension. Please remember that all parole requests, including extensions, are adjudicated case by case on the basis of individual merit. So, just because you are eligible does not guarantee that your request will be approved. You need to clearly state your reason that you need the extension and the hardship it will cause if you are refused. Don’t forget to attach all required documents and relevant evidence.

If you never had a parole, parole extension is not available to you; after all, you can’t extend what you never had. If you are a Russian or Chinese visitor, admitted to the CNMI under a special provision of the Guam-CNMI Visa Waiver program, you are likewise not eligible. Terms of parole granted under this limited provision are strictly construed and overstayers are subject to summary removal.

First of all, please note that there is no filing fee for a parole extension. In order to make the request, you need to submit the following:

– A letter or affidavit signed by you, requesting the extension. Include your complete P.O. Box mailing address and telephone number

– A copy of a valid identity document, such as your passport biographic page (with photo, date of birth, and expiration date)

– A copy of your I-94 (front and back)

– A copy of your umbrella permit (if you have one)

– A letter from your employer verifying his or her intention to continue your employment (if currently employed)

Put all of the above material in an envelope and write legibly (marking pen recommended) on the envelope: your name, the date of your parole expiration, and the phrase ”PAROLE EXTENSION.”

If you live on Saipan, drop your parole extension request at the ASC at TSL Plaza on Beach Road. If you live on Rota or Tinian, please mail your request to:

DHS-USCIS
Sirena Plaza, Suite 100
108 Hernan Cortez Avenue
Hagatna, Guam 96910
ATTN: PAROLE EXTENSION – CNMI

Parole extension extends the length of your legal status in the CNMI but it does not extend the length of your work authorization. You need to keep both your status and your work authorization current if you are to remain and work in the CNMI. However, CW applicants do not need work authorization, because they are deemed authorized to work until a decision is made on their application. However, applicants for any other employment based status, who have parole based on their pending applications, must keep their employment authorization current as do holders of humanitarian parole.

Parole extension is also inapplicable to travel related paroles such as advance parole (to return from a foreign country) and transit paroles (through Guam airport). These types of paroles expire on their expiration date. To renew, you must make a new application and pay a new filing fee, if applicable.

We’ve been hearing lots of stories of people with travel plans that will take them through Guam. Everything is fine until they get to the Saipan International Airport for their flight, and the airline won’t board them because they have not gotten permission (called transit parole) to travel through Guam. At the very least, this is an inconvenience, but often it is much worse, resulting in missed appointments, and even lost airfares if their tickets are not refundable, or travel on those tickets cannot be rescheduled.

Understandably, when this happens people become very unhappy. They blame the airline, the travel agent, the federal government and even, in one recent case, their attorneys.

We have said this before in this column, but from everything we are hearing we need to say it again, and will probably have to repeat it yet again sometime soon: if you are an alien without a U.S. visa, or with a visa or status restricted to the CNMI only, and you have travel plans that require you to transit through any U.S. checkpoint, you MUST obtain transit parole before traveling. This applies to every alien traveling through Guam or any other part of the U.S. for whatever reason—and that includes people on their way to a U.S. consulate abroad for their visa interviews.

So if you are planning to travel, pay attention to your travel route. If you are going through Guam, or Honolulu, or any other part of the U.S., be sure to get permission from USCIS first. You can apply for transit parole through the Saipan ASC or the Guam Field Office, in the same way that you can apply for parole extension. Otherwise, you should plan your trip to avoid the need for transit parole. You can go to Manila, for example, by going through either Japan or Korea—it may be a longer trip, or a bit more expensive, but may involve less hassle.

The information contained in this column is intended as general information only, and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. Readers may submit questions regarding federalization or immigration issues to the authors by email to lexmarianas@pticom.com. Readers may also e-mail written questions through the Saipan Tribune at editor@saipantribune.com.