1.Immigration status,
employment authorization, and registration of aliens in the Commonwealth of the
Northern Mariana Islands
(a)
(1)Paragraph (1) of section 6(e) of the Joint Resolution
entitled A Joint Resolution to approve the Covenant To Establish
a Commonwealth of the Northern Mariana Islands in Political Union with the
United States of America
, and for other purposes
, approved
March 24, 1976 (48 U.S.C. 1806(e)), as added by section 702 of the Consolidated
Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 854)), is
amended—
(A)in subparagraph
(A), by striking subparagraph (B),
and adding
subparagraphs (B) and (C),
;
(B)by redesignating
subparagraph (B) as subparagraph (D); and
(C)by inserting after
subparagraph (A) the following:
(B)
(i)Except as provided in subparagraph (D), no alien who is
described in clause (ii) may be removed from the United States on the grounds
that such alien's presence in the Commonwealth of the Northern Mariana Islands
is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(A)), prior to the date that is 5 years after the
transition program effective date.
(ii)An alien described in this clause is an alien
who—
(I)on May 8, 2008,
was a resident of the Commonwealth of the Northern Mariana Islands and
was—
- (aa)a
permanent resident (as that term is defined in part 5–40.0–201 of the Northern
Mariana Islands Administrative Code);
- (bb)an
immediate relative of a citizen (as those terms are defined in such part
5–40.0–201); or
- (cc)the
parent of a citizen (as that term is defined in such part 5–40.0–201) who was
under 21 years of age; and
(II)on the transition
program effective date, was lawfully present in the Commonwealth of the
Northern Mariana Islands or only temporarily absent from the Commonwealth
pursuant to the immigration laws of the Commonwealth.
(C)Special
nonimmigrant visa for parents
(i)An alien parent described in subparagraph (B)(ii)(cc) is
eligible for a special nonimmigrant visa issued pursuant to this subparagraph.
Such visa shall—
(I)grant the alien
all of the privileges granted to an alien lawfully admitted for permanent
residence, except that the alien shall reside in the Commonwealth of the
Northern Mariana Islands; and
(II)be valid until
the earlier of—
- (aa)the
date that the child of the alien petitions for an adjustment of status for the
alien to that of an alien lawfully admitted for permanent residence (as that
term is defined in section 101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20)));
- (bb)the
date that the alien ceases to reside in the Commonwealth; or
- (cc)November 28,
2014.
(ii)Petitions for
adjustment of statusA child of an alien parent described in
subparagraph (B)(ii)(cc) may petition for an adjustment of status for the alien
parent as described in clause (i)(II)(aa) during the period beginning on
January 1, 2014, and ending on November 28, 2014, regardless of the age of the
child.
.
(2)Such
paragraph (1), as amended by paragraph (1) of this subsection, is further
amended by adding at the end the following:
(E)This
paragraph shall be construed to permit an alien who may not be removed
212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A))
under subparagraph (A) or (B) of this paragraph to leave the Commonwealth of
the Northern Mariana Islands for a temporary absence and return to the
Commonwealth pursuant to the entrance permit issued to the alien by the
Commonwealth.
.
(3)Paragraph (2) of such section 6(e), is
amended—
(A)by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving
such clauses two ems to the right;
(B)by striking
An alien
and inserting the following:
(A)Except as provided in subparagraph (B), an
alien
;
and
(C)by adding at the
end the following:
(B)An alien who is described in paragraph (1)(B)(ii) shall be
considered authorized by the Secretary of Homeland Security to be employed in
the Commonwealth of the Northern Mariana Islands until the date that is 5 years
after the transition program effective
date.
.
(4)Paragraph
3 of such section 6(e) is amended to read as follows:
(3)
(A)Requirement for
registrationBeginning not later than November 28, 2009, and on
an on-going basis, the Secretary of Homeland Security shall require any alien
present in the Commonwealth of the Northern Mariana Islands on or after the
transition period effective date to register with the Secretary.
(B)Schedule for
initial registrationThe Secretary shall complete the initial
registration of all aliens required to register under subparagraph (A) not
later than February 1, 2010.
(C)Inapplicability
of prohibition on removal and employment authorizationParagraphs
(1) and (2) shall not apply to any alien who fails to register as required by
this paragraph.
(D)Notwithstanding
any other provision of law, the Government of the Commonwealth of the Northern
Mariana Islands shall provide to the Secretary all Commonwealth immigration
records or other information that the Secretary deems necessary to assist in
the implementation of this paragraph or other provisions of the Consolidated
Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 854) or any
amendment made by that Act.
(E)Construction
with the INANothing in this paragraph may be construed to modify
or limit the application of section 262 of the Immigration and Nationality Act
(8 U.S.C. 1302) or any other provision of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.) relating to the registration of
aliens.
.
2.Adjustment of
status for permanent residents of the CommonwealthSection
6 of the Joint Resolution entitled A Joint Resolution to approve the
Covenant To Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America
, and for other
purposes
, approved March 24, 1976 (48 U.S.C. 1806(e)), as added by
section 702 of the Consolidated Natural Resources Act of 2008 (Public Law
110–229; 122 Stat. 854)) is amended—
(1)by redesignating
subsections (f), (g), and (h), as subsections (g), (h), and (i), respectively;
and
(2)by inserting after
subsection (e) the following:
(f)Adjustment of
status for permanent residents of the Commonwealth
(1)Special
nonimmigrant visaAn alien
who was, on May 8, 2008, described in part 5–40.1–200 of the Administrative
Code of the Northern Mariana Islands (as in effect on such date) is eligible
for a special nonimmigrant visa issued pursuant to this paragraph. Such visa
shall—
(A)grant the alien
all of the privileges granted to an alien lawfully admitted for permanent
residence, except that the alien shall reside in the Commonwealth of the
Northern Mariana Islands; and
(B)be valid until the
earlier of—
(i)the date on which
the alien adjusts status under paragraph (2); or
(ii)the date on which
the alien ceases to reside in the Commonwealth.
(2)An alien is eligible for an adjustment of status to that
of an alien lawfully admitted for permanent residence (as that term is defined
in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20))), pursuant to this paragraph, if the alien—
(A)was, on May 8,
2008, described in part 5–40.1–200 of the Administrative Code of the Northern
Mariana Islands (as in effect on such date); and
(B)applies for such
status during the period beginning on January 1, 2014, and ending on November
28,
2014.
.
3.Northern Mariana
Islands visitor entry program transition
(a)Notwithstanding
section 705(b) of the Consolidated Natural Resources Act of 2008 (48 U.S.C.
1806(b)), the amendments made by section 702(b) of such Act shall take effect
on the date that is 180 days after the transition program effective date
described in section 6(a) of Public Law 94–241 (48 U.S.C. 1806(a)) (as added by
section 702(a) of the Consolidated Natural Resources Act of 2008). In a case in
which the transition program effective date has been modified under paragraph
(3) of such section 6(a) before the date of the enactment of this Act, such
amendments shall take effect on the date that is 180 days after the modified
date.
(b)Treatment of
CNMI visitor entry programDuring the 180-day period referred to in
subsection (a), the Secretary of Homeland Security shall administer the visitor
entry program of the Commonwealth of the Northern Mariana Islands consistent
with the provisions of Commonwealth law governing the program that were in
effect on the day before the commencement of such period.
4.Family-based
immigration fee reduction for residents of the Commonwealth
(a)The Consolidated
Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 754) is amended by
inserting after section 703 the following:
703A.Family-based
immigration fee reduction for residents of the Commonwealth
(a)Family-Based
immigration benefit application and petition fees
(1)The Secretary of
State, the Attorney General, and the Secretary of Homeland Security shall
reduce the fees for family-based immigration benefit applications and petitions
(including associated fees, such as fees for fingerprinting or supporting
documents) collected from residents of the Commonwealth of the Northern Mariana
Islands who had immediate relative status pursuant to the immigration laws of
the Commonwealth of the Northern Mariana Islands on May 8, 2008.
(2)The amount of the
reduction shall be established by the Secretary of Homeland Security. It shall
be a percentage reduction that is as least as great as the difference
(expressed as a percentage) between the average per capita income in the
Commonwealth of the Northern Mariana Islands and the average national per
capita income in the United States as a whole (as determined according to the
most recent data available from the Bureau of the Census).
(b)Requirements for
sponsor’s affidavit of supportIn the case of a resident of the
Commonwealth of the Northern Mariana Islands who had immediate relative status
pursuant to the immigration laws of the Commonwealth of the Northern Mariana
Islands on May 8, 2008, section 213A(f)(1)(E) of the Immigration and
Nationality Act (8 U.S.C. 1183a(f)(1)(E)) shall not apply.
(c)This section shall take effect on the date of the enactment
of this section and shall cease to be effective on December 31,
2014.
.
(b)The table of
contents for the Consolidated Natural Resources Act of 2008 (16 U.S.C. 1 note)
is amended by inserting after the item relating to section 703 the
following:
703A. Family-based immigration fee
reduction for residents of the
Commonwealth.
.
5.
(a)Section 3 shall take effect
on the date of the enactment of this Act.
(b)Section 703A of the Consolidated Natural Resources Act of 2008,
as added by section 4 of this Act, shall be effective in accordance with
subsection (c) of such section 703A.
(c)Except as provided in subsection (b), the amendments
made by this Act shall take effect as if included in the enactment of subtitle
A of title VII of the Consolidated Natural Resources Act of 2008.