Grace period given for new visitor entry regs

The Attorney General’s Office is providing a grace period for most of the changes recently made to the Visitor Entry Permit program to minimize disruptions in the immigration system.

The changes were adopted in the comprehensive Amended and Restated Immigration Regulations that were published Feb. 17, 2005 in the Commonwealth Register and that took effect 10 days after.

The AGO said, however, that concerned individuals are being given until April 24, 2005 to adjust to the new regulations.

The grace period applies, for one, to a new policy allowing an alien to enter the Commonwealth for the tourism or business purposes. Conducting “business,” the AGO clarified, includes investigating potential investments, overseeing existing operations or conducting meeting and negotiations, rather than getting paid as an employee in the CNMI.

On March 15, 2005, the Division of Immigration introduced a new VEP application form where application will be asked to indicate whether they are coming to the CNMI for tourism or business.

However, Immigration will accept either the new or the old application until April 24. After that date, applications submitted on the old form will be rejected.

The AGO said the same grace period is being provided to CNMI residents who serve as sponsors to tourists and who must now comply with certain requirements when submitting an affidavit of sponsorship and support.

New form-affidavits are now available upon request or by download at www.cnmiago.gov.mp. However, either old or new affidavits will be accepted until April 24.

The new set of requirements was put in place to ensure that sponsors are held to account when the ”tourist” becomes illegal—a problem that has long plagued the Commonwealth.

Under the new policy, an affidavit of sponsorship and support must now include sworn declarations that the sponsor has not been found in violation of prior sponsorships; has sufficient income or financial resources to support the visitor during their entire stay, including the ability to pay for food, lodging, medical, and transportation costs; and is willing to pay such costs should it become necessary.

Also required are declarations that the sponsor will reimburse the CNMI government for all expenses incurred as a result of the tourist becoming a deportable alien and that the sponsor will report and assist the AGO should the tourist violate any condition of entry or other U.S. or CNMI immigration law or regulation.

Aside from these, the attorney general may require sponsors to submit additional proof of their capability to fulfill their obligations. Such proof may be in the form of: a cash bond of up to $1,500 per person; evidence that the sponsor makes more than $20,000 per year; and/or evidence that the sponsor has maintained at least $3,000 in a bank account during the most recent 3 months.

“[These] additional assurance requirements are permissive, meaning that they will be imposed on a case-to-case basis, when the attorney general has some reason to doubt whether a sponsor can or will fulfill their obligations under the affidavit. These requirements are already in effect and being enforced,” the AGO said.

Further, the attorney general announced the return and simplification of the “authorization for entry” system.

“While a VEP is used for business or tourism and requires no further processing (except for extensions) once an alien has entered the Commonwealth, an AFE is used for all permits that require further processing at the Division of Immigration, including immediate relative, student, and nonresident worker permits,” the AGO said.

An AFE holder must report to Immigration within 10 days upon arrival in the Commonwealth, or risk having his or her permit denied and being ordered to leave.