I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AVOIDING UNINTENDED CONSEQUENCES OF 

4 THE CONSOLIDATED NATURAL RESOURCES 

5 ACT OF 2008. 

6 Section 702 of the Consolidated Natural Resources 

7 Act of 2008 (Public Law 110–229; 122 Stat. 854), is 

8 amended by adding at the end the following: 


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1 ‘‘(l) SPECIAL PROVISION TO PROTECT CONTINUED

2 COMMONWEALTH RESIDENCE OF CERTAIN CLASSES OF

3 LONG-TERM RESIDENTS.— 

4 ‘‘(1) IN GENERAL.—An alien described in para5 graph (2) shall be admitted as an immigrant to the 

6 Commonwealth of the Northern Mariana Islands 

7 subject to the following rules: 

8 ‘‘(A) The alien shall be treated as an im9 migrant described in section 101(a)(20) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(20)) only in the Commonwealth (in12 cluding entry to and exit from the Common13 wealth) until the alien ceases to permanently re14 side in the Commonwealth, or, if otherwise eli15 gible, has adjusted status under this section or 

16 section 245 of such Act (8 U.S.C. 1255), 

17 whichever is earlier. Unless otherwise author18 ized, such an alien shall not be permitted to 

19 travel to, or reside in, any part of the United 

20 States (as defined in section 101(a)(38) of such 

21 Act (8 U.S.C. 1101(a)(38))), other than the 

22 Commonwealth. 

23 ‘‘(B) The Secretary of State and the Sec24 retary of Homeland Security may, in the discre25 tion of each such Secretary, reduce fees colVerDate Nov 24 2008 07:42 Dec 18, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4397.IH H4397

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1 lected from the alien, and shall, where applica2 ble, waive subparagraphs (B)(ii) and (C)(ii) of 

3 sections 212(a)(4) of such Act (8 U.S.C. 

4 1182(a)(4)). 

5 ‘‘(C) The Secretary of Homeland Security 

6 determines that the alien is otherwise admis7 sible under section 212(a) of the Immigration 

8 and Nationality Act (8 U.S.C. 1182(a)). 

9 ‘‘(D) Subject to subparagraphs (B) and 

10 (C), the alien shall be eligible to apply to re11 ceive an immigrant visa or adjust status to that 

12 of an alien lawfully admitted to the United 

13 States for permanent residence beginning on 

14 January 1, 2015. Upon the granting of an im15 migrant visa or permanent residence to such an 

16 alien, the Secretary of State shall not reduce 

17 the total number of immigrant visas otherwise 

18 available. 

19 ‘‘(2) ALIENS DESCRIBED.—An alien is de20 scribed in this paragraph if, on May 8, 2008, was 

21 residing in the Commonwealth and was— 

22 ‘‘(A) a person born in the Northern Mar23 iana Islands between January 1, 1974, and 

24 January 9, 1978; 


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1 ‘‘(B) a permanent resident as that term is 

2 defined in section 4303 of title 3 of the North3 ern Mariana Islands Commonwealth Code (as 

4 in effect on May 8, 2008); 

5 ‘‘(C) an immediate relative of a United 

6 States citizen (notwithstanding the age of the 

7 United States citizen), as that term is defined 

8 in section 4303 of title 3 of the Northern Mar9 iana Islands Commonwealth Code (as in effect 

10 on May 8, 2008); or 

11 ‘‘(D) the spouse or child of an alien de12 scribed in subparagraph (A), (B), or (C).’’. 

Æ 


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