People can now start applying for 1-year parole

Certain “stateless” individuals and immediate relatives of U.S. citizens including foreign parents of minor U.S. citizen children can now start applying for parole that, if granted, would allow them to lawfully remain in the CNMI until Dec. 31, 2012.

U.S. Citizenship and Immigration Services released on Friday the application guidelines for this type of parole.

This came two weeks after USCIS’ initial announcement on Thanksgiving in the CNMI.

While there is no deadline for applying for this type of parole, USCIS “strongly recommends” that eligible individuals apply on or before Jan. 31, 2012.

A grant of parole is at USCIS’ discretion, and is on a case-by-case basis.

Precilla Villafuerte, 40, said yesterday she will immediately apply for this parole, and hopes that it will be granted soon so she could also start applying for work authorization.

She said she’s thankful for the availability of this type of parole that will allow her to lawfully remain in the CNMI while looking for a new job and while waiting for the passage of Delegate Gregorio Kilili Sablan’s H.R. 1466.

HR 1466, which has yet to pass the U.S. House of Representatives, seeks a grant of CNMI-only resident status for four groups of people.

These include 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.

“I am thankful this came out, we’re given another chance to stay here to look for a job and be with our family,” Villafuerte told Saipan Tribune yesterday.

Villafuerte, mother of a 5-year-old U.S. citizen daughter, came to Saipan in 1992 to work as a garment factory sewer. She lost her job because of the closure of garment factories on Saipan and was only able to remain legally in the CNMI since then because of an umbrella permit that expired only on Nov. 27.

Landmark dates

USCIS said if people submit their parole request by Jan. 31, 2012, they will be allowed to apply for parole without accruing unlawful presence, even if their CNMI umbrella permit or other status expired on Nov. 27, 2011.

If eligible individuals apply on or before Jan. 31, 2012, USCIS will backdate their parole validity to begin on Nov. 27, 2011.

“If your request for parole is denied, you will have accrued unlawful presence beginning on the date your status expired,” USCIS said.

For those who will apply after Jan. 31, 2012, their parole will be effective from the date their parole is granted.

This could result in those individuals accruing unlawful presence between Nov. 27, 2011 and their grant of parole.

Gov. Benigno R. Fitial, meanwhile, is opposed to this type of parole and might file a lawsuit to stop USCIS from granting such parole, depending on the recommendation of his attorney general.

No appeal

There is no appeal of a denial of a parole request.

USCIS may impose reasonable conditions on parole and may revoke parole at its discretion.

But Rabby Syed, president of United Workers Movement-NMI, said yesterday that there should be criteria on approval and denial, and that long-term foreign workers who entered the CNMI legally and worked here lawfully should be given a chance to appeal the denial of their parole application.

Syed said UWM will continue to push U.S. Congress to initiate a grant of “green card, pathway to citizenship” among long-term foreign workers in the CNMI.

Those who already applied for parole in November 2011 do not need to apply again.

Instead, they will be notified if USCIS requires any additional documentation or an in-person interview.

Villafuerte, for her part, said she hopes her parole application will not be rejected because she won’t have a chance to appeal and therefore lose her status to lawfully remain in the CNMI.

Eligibility requirements

People who may apply for this type of parole include:

-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.

-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.

-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).

Biological children, adopted children or stepchildren of U.S. citizens are eligible to apply for this exercise of parole authority as long as they meet the definition of “child” in the Immigration and Nationality Act with respect to adoptions and stepchild relationships.

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

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

How to apply

There is no filing fee to apply for parole.

If an individual granted parole would like to work, there is a filing fee of $380 to apply for an Employment Authorization Document, or EAD.

If the applicant is an immediate relative of a U.S. citizen, the latter must provide the following to request parole:

-A letter asking for parole that includes

-A P.O. Box mailing address

-A contact telephone number

-A completed Form G-325, Biographic Information

-A copy of biographic and validity pages of passport

-Evidence of identity and qualifying family relationship with the U.S. citizen spouse, parent or child (including evidence of their U.S. citizenship)

-Evidence of residence in the CNMI at the time of application

-Two passport-style photographs

-Evidence of legal presence in the CNMI as of Nov. 27, 2011, such as an umbrella permit

USCIS said it will perform the appropriate background checks and will schedule people for a biometrics appointment.

It will then make a decision on the parole request based upon the merits of the application that the applicant presented and any other material evidence of record.

The requirements for certain “stateless” individuals are almost the same as those of immediate relatives of U.S. citizens, except the former also need to provide evidence of birth in the CNMI between Jan. 1, 1974 and Jan. 9, 1978, or (if applying as a spouse or child) evidence of qualifying family relationship with an individual born in the CNMI between those dates.

Where to apply

Applicants may drop off their parole request at the Application Support Center at the TSL Plaza in Garapan, or may mail the request to:

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

More information about eligibility and requirements are available at the USCIS website, http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2ae38614e90d3310VgnVCM100000082ca60aRCRD&vgnextchannel=4d3314dd2b635210VgnVCM100000082ca60aRCRD.

Validity, employment, travel

If USCIS determines that a person is eligible for parole, USCIS 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.

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 also does not authorize employment but will allow a person to apply for work authorization by submitting a Form I-765, Application for Employment Authorization.

Syed, of the United Workers Movement-NMI, said yesterday he would like to ask USCIS to have a “special desk” for the CNMI, so that parole applications will be reviewed and granted immediately so that these individuals can start applying for work authorization.

This parole also 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,” the agency said.

Applying for parole is also separate from applying for lawful permanent residence or “green card.”