I 111th CONGRESS 1st Session H. R. 4397 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.

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). .