By MAYA KARA and BRUCE MAILMAN
Special to the Saipan Tribune
In last week's column we talked about how to obtain advance parole to re-enter the CNMI after traveling to a foreign country. The procedures are somewhat different based on whether you are taking an emergency or a planned trip, and also whether you are applying from the CNMI prior to departure or if you are applying from abroad. Today, we will discuss two other types of parole: (1) the kind you need to travel to Guam or other parts of the United States and (2) the kind that grants temporary status for certain defined groups.
Travel to Guam and other parts of the United States
If you are a foreigner residing in the CNMI and have a valid CNMI permit, you can request a parole to allow you to travel to Guam or other parts of the United States. After November 28, this is deemed “domestic travel” but if you are one of the large number of aliens who only have CNMI status, you will still need to obtain a parole document to enter Guam or other parts of the United States, and then re-enter the CNMI. You should do this even if you have a U.S. B1/B2 visa (issued to visitors for business or pleasure), so that when you return to the CNMI, you can resume the CNMI status you had before you left.
To obtain this type of parole you need to make an Infopass appointment with the Saipan USCIS office and bring with you the following: (1) a letter explaining your need to travel; (2) a completed Form G-325 (biographical information); (3) a copy of your ticket, e-ticket, or itinerary; (4) copy of the picture page of your passport; (5) a copy of your CNMI entry permit and umbrella permit (if any).
There is no filing fee or charge to make this application. You can make an Infopass appointment either by visiting the Saipan USCIS office at TSL Plaza, Beach Road, Garapan, or on-line at www.uscis.gov. To make an appointment on line, go to the Home Page on the website and click on “Make an Appointment (Infopass)” listed under Customer Tools on the left hand sidebar of the home page. Follow the instructions on the following pages. Please remember, the CNMI is part of the United States of America, so enter the Saipan zip code (96950) when prompted. The Northern Mariana Islands is no longer listed on the pull-down menu for foreign countries. When asked to select what kind of services you need, select: “You need information and other services.” Continue until you are asked for personal information, fill out the page and send. You will receive an appointment date and time by email.
To download Form G-325 (or any other USCIS form), go to www.uscis.gov. On the Home Page, select “FORMS” on the top horizontal bar. On the next page, click on “All Forms” on the left hand side bar. That will take you to a table listing all forms. Select “Biographic Information” (G-325) and click on the blue color text. This will take you to the next page where there is a brief description of the form. On the bottom of that page, click “Download G-325” and proceed. Alternatively you can stop by the Saipan USCIS office and pick up a form.
This type of parole may be granted for single or multiple entry, depending on your circumstances and the reason for the travel.
Parole for selected CNMI foreign residents
This type of parole is not granted for travel purposes. Rather it is a grant of temporary status to specifically defined groups living in the CNMI, who may have no other path to legal status in the United States. The following groups are eligible for this type of parole: (1) CNMI permanent residents; (2) their immediate relatives; (3) surviving immediate relatives of deceased CNMI permanent residents; and (4) immediate relatives of citizens of the Freely Associated States (FAS), which are the Federated States of Micronesia, the Republic of Palau and the Republic of the Marshall Islands. To qualify as an immediate resident in the above classification you must be one of the following: (1) a legally recognized spouse (not a “common law spouse,” even if you have an umbrella permit as one); (2) a natural child under the age of 18; (3) a child under the age of 18 who was adopted prior to the age of 18; (4) a stepchild under the age of 18 as long as the marriage that created the stepchild-step parent relationship occurred before the child's 18th birthday; (5) surviving spouse or child of a CNMI permanent resident.
Even if you qualify under one of the above categories, parole is not automatic. You must apply for it and it will be granted on a case-by-case basis. There is no charge for this type of parole. It is granted for a two-year period, and it is renewable. You will need to apply for the renewal. Neither the original grant for the parole nor the renewal is automatic. Your circumstances may have changed in a way that may affect your eligibility. You may have adjusted your status on some other basis, such as your U.S. citizen child reaching age 21 and applying for you to get a green card. In that event, you would no longer need parole. If you have committed certain types of crimes, you may no longer be eligible for parole. But if your circumstances have not changed, we are assured that in all likelihood your parole will be renewed.
Why should you apply for parole? If you fit into one of the categories described above, you probably have an IR entry permit and possibly an umbrella permit as well. Your IR entry permit expires on the date of the card; your umbrella permit expires on November 27, 2011. In either case, whenever your permit expires without renewal, or on November 27, 2011 at the latest, you will be out of status in the United States and therefore deportable. If you obtain parole, you can avoid this consequence and gain at least temporary, but renewable, status. We urge everyone in these categories, if they wish to remain in the CNMI, to apply for parole at least 90 days before their permit expiration date.
How do you apply for parole? You need to go down to the USCIS office in TSL Plaza, Beach Road, Garapan, and make an Infopass appointment. You can also do this on-line at www.uscis.gov. (See instructions above.) In preparation for your appointment, you will need the following:
-A request letter addressed to the Director, USCIS District 26, Honolulu, Hawaii. Such a letter should give your basic personal information, CNMI status, your personal situation in terms of family and employment, and the reasons why you need the parole document.
-Evidence of status as of November 28, 2009. A valid CNMI entry permit and or an Umbrella Permit will fulfill this requirement.
-Evidence of Residence in the CNMI at the time of your application. A rental agreement or notarized affidavit will fulfill this requirement.
-A completed Form G-325 (see above for instructions on how to obtain this form).
-Four recent passport style photographs;
-A valid identity document such as a passport, driver's license, Mayors Identity Card together with a certified copy of your birth certificate. If your birth certificate is in a language other than English, you will need a certified English translation.
There is no charge for this parole document. However if you wish to travel to a foreign country, you will need to submit a Form I-131 together with a filing fee of $305. If you do not have an umbrella permit or other valid CNMI or U.S. issued permit, and you wish to apply for authorization to work in the CNMI, you will need to submit a Form I-765 together with a filing fee of $340. Requests to travel to Guam or the United States do not require a filing fee and must be made as described above.
We wish everyone a safe and happy holiday season.
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.
Maya Kara is a native of Hungary and comes to the practice of law by way of her interest in Asian history. Bruce Mailman is a native of Bakersfield, California and was a private investigator in California prior to becoming a lawyer. Both have lived and practiced law in the CNMI for over 20 years, Maya in government service and Bruce in private practice. They are married and are partners in the law firm of Mailman & Kara, LLC in Garapan, Saipan.
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