Foreign Worker News

December 12, 2011

A story in the Saipan Tribune states that several foreign Public School System employees were directed to stop working for "failing to turn in required documents as proof that they have legal status."

Education Commissioner Rita Sablan released a memo telling all out of status foreign workers to stop working. From the Saipan Tribune:
Among them is classroom teacher Terry Patris of San Vicente Elementary School, who has been an employee of PSS for the past 11 years. She told Saipan Tribune she has no choice but to abide by the memorandum.

According to Patris, she was not fully aware that besides the Form I-9, she also needed to apply for an employment authorization document, or EAD. She immediately went to USCIS after receiving the PSS memorandum and applied for parole-in-place so she could apply for an EAD. She believes, however, that the EAD will never make it to the Dec. 9 deadline.
Why didn't the PSS check each employee's status and required documents as soon as the final rule was released to ensure that every employee had the required paperwork before November 27th.

Compounding the issue is the fact that USCIS has not had time to approve all or most of the applications. I know other foreign workers who are waiting for their EAD to be approved so that they can continue working until their H-1B visa is approved. The delay has created a serious hardship for employees and employers.

Parole for Certain Aliens
USCIS is encouraging those foreign workers with U.S. Citizen immediate relatives and the CNMI's "stateless" nationals to start filing for parole, which will be granted on a case-by-case basis. They suggest that eligible workers file before January 31, 2012.

The USCIS lists the following as eligible:
  • An immediate relative of a U.S. citizen. An immediate relative for purposes of this exercise of parole authority is an individual who:
    • Is a legal spouse, an unmarried child under 21 years old, or a parent (regardless of the age of the U.S. citizen child) at the time of adjudication, AND
    • Who was legally present in and residing in the CNMI as of Nov. 27, 2011. Please see the “Immediate Relative” section below for more information.
  • A foreign national born in what is now the CNMI between Jan. 1, 1974, and Jan. 9, 1978. These individuals are sometimes referred to as “stateless” because of their unique situation under the Covenant Act establishing eligibility for U.S. citizenship of individuals born in the CNMI.
  • A child (unmarried under 21 years old) or legal spouse of a foreign national who was born in what is now the CNMI between Jan. 1, 1974 and Jan. 9, 1978 (also referred to as a “stateless” individual).
Immediate Relative

For the purposes of this exercise of parole authority only, an “immediate relative” is the legal spouse, unmarried child under 21 years old, or parent of a U.S. citizen. This includes the parents of minor U.S. citizen children.

Parents of minor U.S. citizens are eligible for parole even though they are not “immediate relatives” as defined in the Immigration and Nationality Act (INA). According to U.S. immigration law, an “immediate relative” is defined, as “the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.” (INA § 201(b)(2)(A)(i)) This means that the parent of a U.S. citizen child is not an immediate relative and cannot be sponsored by the child for permanent residence in the United States until the child turns 21 years of age. However, in light of the unique circumstances brought about by the incorporation of the CNMI within U.S. immigration law, USCIS is including these parents in the group eligible to apply for this particular exercise of parole authority.

NOTE: Married children of U.S. citizens, children older than 21 years old, and spouses of U.S. citizens who are not legally married, are not eligible for consideration for this parole. Any other relatives must obtain another immigration status to be legally present in the CNMI.

Adopted or Stepchildren of U.S. Citizens

Biological children, adopted children or stepchildren of U.S. citizens are eligible to apply for this exercise of parole authority as long as they meet the definition of “child” in the INA with respect to adoptions and stepchild relationships. This includes:

  • A stepchild, as long as the marriage creating the step-relationship occurred before the child turned 18
  • An adopted child if: The child has been in the legal and physical custody of the adoptive parent for two years prior to filing. (The legal and physical custody do not have to have been during the same time period, but each must have been met for two years).

Widow or Widower of U.S. Citizens

A widow or widower of a U.S. citizen is eligible to apply for this exercise of parole authority as long as:

  • The death of the U.S. citizen spouse occurred less than two years before the date of submitting the application for parole, and
  • The widow or widower has not remarried.
More information is on the USCIS web site.

Any foreign worker, whether he/she has a U.S. citizen relative or not may file for humanitarian parole.

2 comments:

the teacher said...

The i-9 sweep wasn't just looking for foreign nationals, it was looking for illegal and fraudulent documentation. The CNMI has always been quite lack and allowed photo copies of most everything, which are easily forged. This audit required two PSS assigned individuals to certify, sign, and seal that the employee had either a valid passport, or a valid CNMI drivers license and another official govt id like a birth certificate or SS card...no exceptions.

I had only an NMI drivers license showing place of birth, London,Ky but that didn't suffice. I was required to add a SS card or my passport.

I have heard five teachers were relieved from our school for not being able to produce identification.

cail said...

The US immigration is having a lot of problem like those illegal immigrants , people were getting mad at them because they say that the immigration was unlawful.


US Immigration Services