Parole for immediate relatives of US citizens

 On Nov. 23, 2011, U.S. Citizenship and Immigration Services notified the CNMI public that certain immediate relatives of U.S. citizens and certain “stateless” individuals in the CNMI would be eligible to apply for a grant of parole. USCIS asked that people covered by the announcement not apply until further details were announced. USCIS has now issued guidance to provide those further details.

On a case-by-case basis, USCIS will consider an application for parole for the immediate relatives of U.S. citizens and certain “stateless” individuals. A grant of parole will allow immediate relatives of U.S. citizens and stateless individuals to lawfully remain in the Commonwealth of the Northern Mariana Islands. USCIS has exercised discretionary parole authority on a case-by-case basis in the CNMI since 2009 for special situations to assist with the transition to U.S. immigration law.

Q. Who is eligible to apply for this parole?

A. You may apply for this type of parole if you are:

1. An immediate relative of a U.S. citizen. An immediate relative for purposes of this exercise of parole authority is an individual who:

* Is a legal spouse, an unmarried child under 21 years old, or a parent (regardless of the age of the U.S. citizen child) at the time of adjudication, AND

* Who was legally present in and residing in the CNMI as of Nov. 27, 2011.

2. A foreign national born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978. These individuals are sometimes referred to as “stateless” because of their unique situation under the Covenant Act establishing eligibility for U.S. citizenship of individuals born in the CNMI.

3. A child (unmarried under 21 years old) or legal spouse of a foreign national who was born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978 (also referred to as a “stateless” individual).

A widow or widower of a U.S. citizen is eligible to apply for this exercise of parole authority as long as:

* The death of the U.S. citizen spouse occurred less than two years before the date of submitting the application for parole, and

* The widow or widower has not remarried.

Q. Should a U.S. citizen born in the CNMI between Jan. 1, 1974 and Jan. 9, 1978 apply for this parole?

A. No. Parole is only for individuals born in the CNMI between the qualifying dates who do not have U.S. citizenship. If you are a U.S. citizen, you do not need parole and should not apply for it. Please see Parole for Immediate Relatives of U.S. Citizens and Certain Stateless Individuals on the USCIS web site for more details on who qualifies to apply for this parole.

Q. Who can file an application?

A. The immediate relative who is seeking a grant of parole must apply to USCIS. The U.S. citizen may file the application if the immediate relative seeking parole is a child under 18 years old.

Q. Do I need to apply again if I already applied in November 2011?

A. No. If you already applied for parole in November 2011, you do not need to apply again. You will be notified if USCIS requires any additional documentation or an in-person interview.

Q. What is the filing fee to apply for parole?

A. There is no filing fee to apply for parole. If you are granted parole and would like to work, there is a filing fee of $380 to apply for an Employment Authorization Document (EAD). For information about filing procedures and fees for obtaining an EAD after you have been granted parole, go to the Form I-765, Application for Employment Authorization web page.

Q. What must I include in the parole request package?

A. Please see Parole for Immediate Relatives of U.S. Citizens and Certain Stateless Individuals on the USCIS website for details on what to include in the request, as there are some differences between what is needed from Immediate Relatives of U.S. citizens and “Stateless” Individuals. It is important to use an accurate P.O. Box mailing address and valid contact telephone number in your package.

Q. When should I apply for this parole?

A. There is no deadline for applying for this type of parole; however, USCIS strongly recommends that you apply on or before Jan. 31, 2012. See more details in the parole guidelines on the USCIS website.

Q. Where can I apply for this parole?

A. Please see the table below for instructions on where to submit your parole request.

Q. For how long will parole be valid?

A. If USCIS determines that you are eligible for parole, we will grant parole for an appropriate period of time, not to extend beyond Dec. 31, 2012. USCIS will make a decision about possible extensions at a later date.

Q. Can I work if I get parole?

A. A grant of parole will provide continuing lawful presence after Nov. 27, 2011, until the parole validity period expires or parole is revoked. A grant of parole does not authorize employment but will allow you to apply for work authorization. You can do this by submitting a Form I-765, Application for Employment Authorization.

Q. Can I travel with parole?

A. This parole does not authorize travel to any other part of the United States. Parole will be automatically terminated if you leave the CNMI. If you need to travel, you will have to contact USCIS.

Q. Is this the same as applying for Lawful Permanent Residence?

A. Applying for parole is separate from applying for lawful permanent residence (green card). U.S. citizens who are interested in sponsoring a relative for lawful permanent residence will need to file a Form I-130, Petition for Alien Relative, if and when they are eligible to do so.

This Form I-130 application only establishes the relationship between a U.S. citizen or lawful permanent resident and his or her alien relative. To obtain a green card through adjustment of status in the CNMI, you would need to submit the entire package, including the Form I-485, Application to Register Permanent Residence or Adjust Status.

Please see Parole for Immediate Relatives of U.S. Citizens and Certain Stateless Individuals on the USCIS website for detailed guidelines on this parole. (USCIS)