Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands

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The Joint Resolution entitled A Joint Resolution to approve the , approved March 24, 1976 ( Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes 48 U.S.C. 1806 ), is amended— in subsection (b)(1)— by amending subparagraph

(A)to read as follows: A noncitizen, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) without counting against the numerical limitations set forth in section 214(g) of such Act ( 8 U.S.C. 1184(g) ). ; and in subparagraph (B)(i), by striking contact and inserting contract ; in subsection (e)— in paragraph (4), in the paragraph heading, by striking and inserting aliens ; and noncitizens by amending paragraph

(6)to read as follows: A noncitizen described in subparagraph

(B)may, upon the application of the noncitizen, be admitted in CNMI Resident status to the Commonwealth subject to the following rules: The noncitizen shall be treated as a noncitizen lawfully admitted to the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which— the noncitizen ceases to reside in the Commonwealth; or the noncitizen's status is adjusted under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. The Secretary of Homeland Security— shall establish a process for such noncitizen to apply for CNMI Resident status during the 180-day period beginning on the date that is 90 days after the date of the enactment of the U.S. Citizenship Act ; may, in the Secretary's discretion, authorize deferred action or parole, as appropriate, with work authorization, for such noncitizen until the date of adjudication of the noncitizen's application for CNMI Resident status; and in the case of a noncitizen who has nonimmigrant status on the date on which the noncitizen applies for CNMI Resident status, the Secretary shall extend such nonimmigrant status and work authorization through the end of the 180-day period described in subclause

(I)or the date of adjudication of the noncitizen’s application for CNMI Resident status, whichever is later. Nothing in this subparagraph may be construed to provide any noncitizen granted status under this subparagraph with public assistance to which the noncitizen is not otherwise entitled. A noncitizen granted status under this paragraph shall be deemed a qualified noncitizen under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) for purposes of receiving relief during— a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); or a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.). A noncitizen granted status under this paragraph— subject to section 237(a)(8), is subject to all grounds of deportability under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ); subject to section 212(c), is subject to all grounds of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) if seeking admission to the United States at a port of entry in the Commonwealth; is inadmissible to the United States at any port of entry outside the Commonwealth, except that the Secretary of Homeland Security may in the Secretary's discretion authorize admission of such noncitizen at a port of entry in Guam for the purpose of direct transit to the Commonwealth, which admission shall be considered an admission to the Commonwealth; automatically shall lose such status if the noncitizen travels from the Commonwealth to any other place in the United States, except that the Secretary of Homeland Security may in the Secretary's discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose, and the Secretary may in the Secretary's discretion authorize the direct transit of noncitizens with CNMI Resident status through Guam to a foreign place; shall be authorized to work in the Commonwealth incident to status; and shall be issued appropriate travel documentation and evidence of work authorization by the Secretary. A noncitizen is described in this subparagraph if the noncitizen— was lawfully present on June 25, 2019, or on December 31, 2018, in the Commonwealth under the immigration laws of the United States, including pursuant to a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) or deferred action; subject to subsection

(c)of section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), is admissible as an immigrant to the United States under that Act ( 8 U.S.C. 1101 et seq.), except that no immigrant visa is required; except in the case of a noncitizen who meets the requirements of subclause

(III)or

(VI)of clause (v), resided continuously and lawfully in the Commonwealth from November 28, 2009, through June 25, 2019; is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and in addition— was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; was, on November 27, 2009, a permanent resident of the Commonwealth (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008); is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subclause (I), (II), (V), (VI), or (VII); was, on November 27, 2011, a spouse, child, or parent of a United States citizen, notwithstanding the age of the United States citizen, and continues to have such family relationship with the citizen on the date of the application described in subparagraph (A); had a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) on December 31, 2018, under the former parole program for certain in-home caregivers administered by United States Citizenship and Immigration Services; was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 ( Public Law 115–218 ; 132 Stat. 1547); or resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is currently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(ii) ). Beginning on the first day of the 180-day period established by the Secretary of Homeland Security under subparagraph (A)(ii)(I), the Attorney General may accept and adjudicate an application for CNMI Resident status under this paragraph by a noncitizen who is in removal proceedings before the Attorney General if the noncitizen— makes an initial application to the Attorney General within such 180-day period; or applied to the Secretary of Homeland Security during such 180-day period and before being placed in removal proceedings, and the Secretary denied the application. Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph. The requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection, or publication in the Federal Register shall not apply to any action to implement, administer, or enforce this paragraph. A noncitizen with CNMI Resident status may adjust his or her status to that of a noncitizen lawfully admitted for permanent residence 5 years after the date of the enactment of the U.S. Citizenship Act or 5 years after the date on which CNMI Resident status is granted, whichever is later. The Secretary of Homeland Security may, in the Secretary’s sole and unreviewable discretion, accept an application for CNMI Resident status submitted after the application deadline if— the applicant is eligible for CNMI Resident status; the applicant timely submitted an application for CNMI Resident status and made a good faith effort to comply with the application requirements as determined by the Secretary; and the application is received not later than 90 days after the expiration of the application deadline or the date on which notice of rejection of the application is submitted, whichever is later. ; by striking an alien each place it appears and inserting a noncitizen ; by striking An alien each place it appears and inserting A noncitizen ; by striking alien each place it appears and inserting noncitizen ; by striking aliens each place it appears and inserting noncitizens ; and by striking alien's each place it appears and inserting noncitizen's .

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