[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4397 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4397

 To clarify the transitional status of certain aliens not provided for 
in subtitle A of title VII of the Consolidated Natural Resources Act of 
                     2008, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2009

  Mr. Sablan introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To clarify the transitional status of certain aliens not provided for 
in subtitle A of title VII of the Consolidated Natural Resources Act of 
                     2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AVOIDING UNINTENDED CONSEQUENCES OF THE CONSOLIDATED NATURAL 
              RESOURCES ACT OF 2008.

    Section 702 of the Consolidated Natural Resources Act of 2008 
(Public Law 110-229; 122 Stat. 854), is amended by adding at the end 
the following:
    ``(l) Special Provision To Protect Continued Commonwealth Residence 
of Certain Classes of Long-Term Residents.--
            ``(1) In general.--An alien described in paragraph (2) 
        shall be admitted as an immigrant to the Commonwealth of the 
        Northern Mariana Islands subject to the following rules:
                    ``(A) The alien shall be treated as an immigrant 
                described in section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20)) only in the 
                Commonwealth (including entry to and exit from the 
                Commonwealth) until the alien ceases to permanently 
                reside in the Commonwealth, or, if otherwise eligible, 
                has adjusted status under this section or section 245 
                of such Act (8 U.S.C. 1255), whichever is earlier. 
                Unless otherwise authorized, such an alien shall not be 
                permitted to travel to, or reside in, any part of the 
                United States (as defined in section 101(a)(38) of such 
                Act (8 U.S.C. 1101(a)(38))), other than the 
                Commonwealth.
                    ``(B) The Secretary of State and the Secretary of 
                Homeland Security may, in the discretion of each such 
                Secretary, reduce fees collected from the alien, and 
                shall, where applicable, waive subparagraphs (B)(ii) 
                and (C)(ii) of sections 212(a)(4) of such Act (8 U.S.C. 
                1182(a)(4)).
                    ``(C) The Secretary of Homeland Security determines 
                that the alien is otherwise admissible under section 
                212(a) of the Immigration and Nationality Act (8 U.S.C. 
                1182(a)).
                    ``(D) Subject to subparagraphs (B) and (C), the 
                alien shall be eligible to apply to receive an 
                immigrant visa or adjust status to that of an alien 
                lawfully admitted to the United States for permanent 
                residence beginning on January 1, 2015. Upon the 
                granting of an immigrant visa or permanent residence to 
                such an alien, the Secretary of State shall not reduce 
                the total number of immigrant visas otherwise 
                available.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if, on May 8, 2008, was residing in the Commonwealth 
        and was--
                    ``(A) a person born in the Northern Mariana Islands 
                between January 1, 1974, and January 9, 1978;
                    ``(B) a permanent resident as that term is defined 
                in section 4303 of title 3 of the Northern Mariana 
                Islands Commonwealth Code (as in effect on May 8, 
                2008);
                    ``(C) an immediate relative of a United States 
                citizen (notwithstanding the age of the United States 
                citizen), as that term is defined in section 4303 of 
                title 3 of the Northern Mariana Islands Commonwealth 
                Code (as in effect on May 8, 2008); or
                    ``(D) the spouse or child of an alien described in 
                subparagraph (A), (B), or (C).''.
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