June 3, 2010

Sick of threats from DOL? Don't have an umbrella permit? You may be eligible for USCIS parole.

I published a post on April 26, 2010 concerning parole that is available now to certain categories of workers. I am republishing it here since the volunteer has appeared in a tele-conference and DOL has renewed efforts to mislead the public concerning their authority.

Here is the press release from USCIS:
U.S. Citizenship and Immigration Services (USCIS) announced today that it will grant parole-in-place status to certain foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). Foreign nationals without umbrella permits whose work permits expire before new visa categories are available to them under federal immigration laws may be eligible for this interim status.

Certain employers and their foreign national employees did not apply for umbrella permits covering the two-year transition period to federal immigration law.

They may have planned to apply for CNMI-Only Transitional Worker visas immediately after the Transition Period began in Nov. 2009. However, a court ruling that month stopped this nonimmigrant category from being available. As a result, some foreign nationals face losing their legal immigration status because of a gap between the expiration of their current CNMI work permit and the availability of the new CNMI-Only Transitional Worker status.

Certain foreign nationals with CNMI Investor permits may also face a gap between the expiration date of their CNMI investor permit and the availability of the CNMI-Only E-2 Investor status.

Parole-in-place would give impacted foreign nationals authorization under federal immigration law to remain in the CNMI and permit continued employment authorization until the CNMI-Only Transitional Worker Program and the CNMI Investor status are implemented.

To apply for parole-in-place, you should submit:

A completed Form G-325, Biographic Information;
3 passport-style photos (2” x 2” front view);
A copy of your UNEXPIRED entry permit;
A copy of the photo page of your valid passport; and
A statement from your employer indicating that you will have continued employment or evidence of your continued investor status.
Keep a copy of all materials for your records.

Mail all documents to the following address:

Sirena Plaza, Suite 100
108 Hernan Cortez Avenue
Hagatna, Guam 96910

The Consolidated Natural Resources Act of 2008 (CNRA) extended most provisions of federal immigration law to the CNMI beginning on November 28, 2009. As of that date, foreign nationals in the CNMI were considered present in the United States and subject to federal immigration law. In implementing the CNRA, USCIS seeks to implement Congressional intent by taking steps to minimize potential adverse economic effects on the CNMI and support future economic and business growth in the CNMI.
Remember also that the CNMI government lacks the authority to "deport" anyone or to "revoke" umbrella permits according to the federal law as clarified by numerous statements by federal officials.

For questions on status and permits, as always contact the Federal Ombudsman Office.

Disclaimer: This is not a legal blog. No opinion or statement should be perceived as legal advice. All posts are the opinion of the author or contributors who are expressing their First Amendment rights.


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