What Does It Mean for CNMI Surviving Spouses?
This is big news. We believe that there are many more surviving spouses of USCs than is generally realized, who are now eligible to apply for US permanent residence. This is a result of the interplay (or lack thereof) between former US and former CNMI immigration law. Under the CNMI system, a surviving spouse of a USC remained an “immediate relative” entitled to “IR” status for life, provided he or she did not remarry. CNMI case law confirmed in the early 1990s that the status was considered permanent; in one case, the survivor left the CNMI for several years, and successfully reclaimed her IR status-and the accompanying privilege of living and working freely in the CNMI-after being away in her native country for several years. Under the INA before Oct. 28, 2009, a CNMI-resident surviving spouse (who had been married to the USC at least two years) could apply for permanent residence but, once permanent residence was granted, he or she to move within the U.S. borders controlled by INS a
