USCIS Memo on Adjustment of Status

August 23, 2011

As United Worker Movement-NMI president Rabby Syed calls for more expedient processing of advanced parole for foreign resident workers, the USCIS has released an August 11, 2011 memorandum regarding adjustment of status applications from aliens present in the CNMI.

From the memo (emphasis added):
Applications for Advance Parole and Employment Authorization. Before November 28, 2009, the adjudication of an accompanying Advance Parole or Employment Authorization application filed with an Adjustment of Status application was withheld and adjudicated only upon direction from the Guam Field Office. As of November 28, 2009, employment authorization and requests for advance parole applications will be processed under normal operating procedures for these applications and requests, in accordance with current SOP guidelines. In addition to permitting travel back to the CNMI after a trip abroad, adjustment of status applicants are eligible for a grant of parole-in-place to travel to other parts of the United States. Similarly, work authorization provided to an adjustment of status applicant is not limited to the CNMI and, therefore, may be used for employment in any part of the United States. (See also Chapter 36.2)
This policy appears to conflict with proposals in H.R. 1466 that restrict travel and work for qualifying legal, long-term foreign resident workers.

Read the memo:


17 comments:

The Saipan Blogger said...

What does that mean?

Anonymous said...

So in essence what this means is that any of the CW that have no jobs or want to go to Guam (or US)to work are free to do so as long as they have this "parole in place"?

Wendy Doromal said...

It looks to me (not a lawyer) that it means they can travel and work in Guam and in the United States with adjustment of status. Does anyone else have an interpretation?

Anonymous said...

I believe [and correct me if I'm wrong] that this memo is intended for wife and husband of U.S. citizens who applied for green cards. If the applicant does not have any CNMI umbrella permit or I.R. permit, he or she needs to secure parole-in-place or work authorization that entitles the individual to go [or work in] to Guam or any part of Continental U.S. while waiting for their green cards.

Anonymous said...

applicants for admission, meaning those who are eligible to adjust their status to an immigrant or non immigrant status will allow them access to live and work in the U.S. The CW visa and the proposed 1466 status will be limited to only here in the CNMI. The CNRA's intent is to slowly wean the CNMI from the need for contract workers and give those eligible for a "real" status under the INA time to apply and be approved for that status. If you are a contract worker who is not working why would you be allowed to remain here when you are not contributing only taking from the limited social services we have.....

Anonymous said...

Noni 11:01 If you are a contract worker without a job, you are not eligible for this parole in place. I have also heard that it is not available for domestic workers and other "unskilled" workers.
If this was allowed for the these workers many would leave and go to Guam.
Does anyone know for sure?

the teaxher said...

I am more confused after reading the comments. This seems like a big win for workers wishing to legally seek work in the US mainland. There is no work on Saipan and supply and demand would stabalize our population to jobs available. It would seem this freedom(to travel and work)is like hitting the lotto considering Americas high unemployment rate. Where does it say this is only forkgreef card applicants in waiting as the comments imply?

Wendy Doromal said...

I am getting clarification...

Anonymous said...

folks pay attention, advance parole is for someone whose status will be approved but they have a legitmate emergency requiring them to leave b4 their status or visa is physically issued. It is not so you can visit family or friends or take a vacation. Parole in place is for those who are prima facie eligible for a INA status but hasn't been approved for it yet. It is not a means to stay here when you have no status or are not eligable for a real status. If you are not working for a legitimate company you will not be eligible for a cw visa I am sure you will not be able to sponsor yourself or family only a business who is checked out as legit will be able to apply for workers as cw visas

malou said...

anon 8/25 7:36am: I would like to add on your comment 1)Advance Parole is to be used by non-resident returning to CNMI from foreign countries and can be issued NOT ONLY for emergency purposes. I have a lot of friends who got this parole and even I got last July (went to Philippines for vacation purposes only).2)True to your statement that Parole in Place will only be given to those who have eligible employers in CNMI and who were not able to get their umbrella permit.And CW visas, as you mentioned, when it will be out, employers can apply their non-resident workers with this kind of visa IF and only if, non-resident workers do not qualify for H visas and/or there is no US cit./residents who qualify for that positions.
The way I understand it, Parole in Place given in CNMI do not limit you to adjust your status and/or to work in any other states. But how can a non-resident workers travel and work to other states, if you do not have another kind of parole, which is Parole to Travel to U.S.Again by getting Parole to Travel,non-resident workers should prove to USCIS their legitimate travel to US and if it is for working purposes, then that non-residents worker should show documents to USCIS that he/she has an sponsor employer in the states.
That's the way I undesrtand it. I am not a lawyer either.

Green Cards for All! said...

For those who may have difficulty downloading from your website due to browser security settings, here is a direct link to memo on the USCIS website.

“Adjudication of Adjustment of Status Applications from Aliens Present in the Commonwealth of the Northern Mariana Islands (CNMI) on or after November 28, 2009,” Policy Memorandum PM-602-0013.1, Aug. 9, 2011.

http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/AFM_Update_08092011.pdf

Here are two related documents from last year.

“Waivers of Inadmissibility and Grants of Status for Certain Aliens Seeking Nonimmigrant Status in the Commonwealth of the Northern Mariana Islands,” Policy Memorandum PM-602-0012, Dec. 14, 2010.

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/December/cnmi-status.pdf

“USCIS Will Exercise Parole Authority for Certain Foreign Nationals in the Commonwealth of the Northern Mariana Islands,” USCIS Update, Nov. 30, 2009.

http://www.uscis.gov/USCIS/News/News%20Static%20Files/Parole%20Status%20Update%20FINAL%20English.pdf

Anonymous said...

The amendment to the Adjudicator’s Field Manual refers to “all family-based and employment-based immigrant classification filings”. AFM 36.3(a)(1), para. 1 (emphasis added).

So this would not apply to the forthcoming non-immigrant CW Visas. Rather, as quoted above it is limited to family-based and employment-based Green Card categories. However, “eligibility for adjustment in the CNMI for grandfathered aliens is limited to family-based applicants.” AFM 36.3(a)(5)(C), para. 2, final sent.

This last provision would seem to bar adjustment by skilled former CNMI guest workers who are eligible for employment-based visas, such as engineers, doctors, etc. Must they therefore leave and get visas abroad? (!)

I would consult a knowledgeable immigration lawyer such as Bruce Mailman to answer such questions. [No, I am not he!] Or someone authorized to speak on behalf of USCIS.

Anonymous said...

An earlier post http://unheardnomore.blogspot.com/2010/06/uscis-parole.html on this site has a USCIS press release that states in part:
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.

Anonymous said...

8:17 My H1-B visa approved and went to PI for the visa stamping this month and came back in Saipan, you have to have your visa issued outside CNMI because USCIS here can't issue visa. I do not know what will be the method in issuing CW visa, originally it will ask you to go to the US embassy abroad.

Sammy said...

Some people will want to seek professional help as soon as they see the mountain of forms, checklist and supporting documents needed. The forms used for adjustment of status. based on marriage can also be used for other adjustment applications, hence the confusion and the likelihood to make mistakes. Any mistake in the form can return the case back to you, resulting in delays and even denials.

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The forms used for adjustment of status based on marriage can also be used for other adjustment applications, hence the confusion and the likelihood to make mistakes. Any mistake in the form, can return the case back to you, resulting in delays and even denials.

Phil said...

The process for adjustment of status is a three-step process. You have to go through these three steps to get permanent residency. This process can take several years to complete. The time this process can take to complete depends on the type of immigration you selected or the country to which you belong.