CNMI Federalization Questions

[Saipan Jack 0]

Ok, here's a completely new one for the forum. For those of your really interested in immigration, this is a quite intriguing.

I am asking several questions here, some for me, some for friends. First a little background.

Since joining the US as a Commonwealth, the Commonwealth of the Northern Mariana Islands has handled their own immigration. In fact, as far as immigration law is concerned, the CNMI is outside of the US. Everyone born here are citizens, etc, but the CNMI has their own immigration system. Effective November 28th, 2009 this all changes and the USCIS takes over immigration in the CNMI.

At this point immediate relatives of US citizens can file for adjustment of status. As it stands right now, on November 28th, everyone with a legal stay in the CNMI will have it recognized until it expires or 2 years, whichever is less, but they can not leave the CNMI or they will lose that status and have to have a visa to reenter. In other words, the permits are not being recognized as visas, but they are recognizing them for a legal stay here.

Nothing like this has happened in modern memory for US immigration and that means things are bound to be very muddled and questions galore......no one really seems to know anything.

Here they are:

1) One attorney locally advised a friend of mine that his daughter was unable to file the I-130 for him because she is not living in the same household. Tell me that there isn't some archaic USCIS rule that says children over 21 can only petition their parents if their parents live with them.

2) Another friend I have has a new wife. She is not legal here right now(expired permit) so immi here won't let her get a new permit. Can she file for AOS even though her status is not current. She did enter here legally. If so, should she adjust now or adjust after the feds officially take over in November?Technically she has zero days of illegal stay here.

3) Here is a more general question: Can you apply for a fee waiver for a form/situation that is not listed in their guidelines? Will they just reject it out of hand? The Deputy Director of DHS said in an interview that if people couldn't afford the forms then they could apply for a fee waiver. Applying for and getting one are two different things so what is the deal? A straight i485 for a normal situation isn't eligible according to the guidelines, but do they have leeway?

4) Ok, now a scenario: US citizen husband files for AOS for his foreign wife. The wife has a CNMI only IR permit. After 3 months(or so), she gets here EAD and her Advanced Parole. Would the advanced parole limit her to only returning to the CNMI or could she go on to any other part of the US? I don't know if this is something at USCIS has even thought about...but I am curious if advanced parole can limit you to a geographic location or a particular type of status. For me, I doubt the AOS will be approved before Christmas and I would like to take my wife(and kids) back to the mainland for Christmas.

Hope this is quite a bit and I hope I posted it in the right room.

Thanks in advance!

[Saipan Jack 0]

So no one ready or able to answer?

[JERIII 8]

Saipan Jack-

So no one ready or able to answer?

I imagine no one has answered because no one has any experience with this. With the warning that I don't really know what I am talking about, I will try to help.

Ok, here's a completely new one for the forum. For those of your really interested in immigration, this is a quite intriguing. \

Here they are:

1) One attorney locally advised a friend of mine that his daughter was unable to file the I-130 for him because she is not living in the same household. Tell me that there isn't some archaic USCIS rule that says children over 21 can only petition their parents if their parents live with them.

I know of no such rule in general, parents don't even have to be in the same country to be petitioned.

2) Another friend I have has a new wife. She is not legal here right now(expired permit) so immi here won't let her get a new permit. Can she file for AOS even though her status is not current. She did enter here legally. If so, should she adjust now or adjust after the feds officially take over in November?Technically she has zero days of illegal stay here.

AOS can usually be done if the spouse is out of status, but this is a different knid of out of status, so no idea.

If you think she can finish AOS before November under the current system, I would say go for it, but I have no idea about the times for adjustment there.

3) Here is a more general question: Can you apply for a fee waiver for a form/situation that is not listed in their guidelines? Will they just reject it out of hand? The Deputy Director of DHS said in an interview that if people couldn't afford the forms then they could apply for a fee waiver. Applying for and getting one are two different things so what is the deal? A straight i485 for a normal situation isn't eligible according to the guidelines, but do they have leeway?

I think you cannot. It is hard to get a fee waiver. The reason straight I-485 is probably not on the list is that you have to prove that you are above the poverty level in order to file successfully, so I suspect the USCIS thinks you should be able to pay. (I don't agree $1010 is a lot of money if you are over but near the line, but I suspect that's the reasoning.)

4) Ok, now a scenario: US citizen husband files for AOS for his foreign wife. The wife has a CNMI only IR permit. After 3 months(or so), she gets here EAD and her Advanced Parole. Would the advanced parole limit her to only returning to the CNMI or could she go on to any other part of the US? I don't know if this is something at USCIS has even thought about...but I am curious if advanced parole can limit you to a geographic location or a particular type of status. For me, I doubt the AOS will be approved before Christmas and I would like to take my wife(and kids) back to the mainland for Christmas.

There's no way anyone of us can know that. In general AP doesn't limit you, but this is a new situation.

Hope this is quite a bit and I hope I posted it in the right room.

Thanks in advance!