Immigration lawyer to CNMI families: ‘Do not panic’ over new USCIS green card policy

Attorney Janet King of King Law Office, LLC is urging CW-1 workers, C-37 residents, and their families in the CNMI not to panic following a new national policy memo from the U.S. Citizenship and Immigration Services regarding adjustment of status applications for green cards.

“The practical message is not panic. The message is preparation,” King said. “Applicants should work with an immigration lawyer and present strong positive factors showing why they merit a favorable exercise of discretion.”

King said the USCIS memo tells officers to closely examine whether a person applying for permanent residency should be allowed to complete the process inside the United States or instead go through consular processing abroad. However, she cautioned against interpreting the memo as an automatic order forcing CNMI workers and families to leave.

She said the impact on the CNMI will likely be decided on a case-by-case basis, especially since the local economy heavily relies on foreign labor. USCIS officers, she said, will review a person’s immigration history, work history, family ties, and other factors before making a determination.

King also pushed back against suggestions that the policy effectively ends the green card pathway for long-time CW-1 workers.

“I would not describe this as eliminating the green card path,” she said. “It makes the process more demanding, but it does not completely block it.”

According to King, long-term CW-1 workers may still present positive factors such as lawful residence in the CNMI, steady employment, family and community ties, good moral character, and the needs of local employers. She stressed that workers should seek immigration advice before filing applications or making travel plans.

King also addressed concerns that filing for adjustment of status could automatically be viewed as violating the temporary intent requirement of the CW-1 program.

“I would not say that a person with a valid CW-1 filing an adjustment application automatically means a violation,” she said.

Still, she acknowledged that USCIS may scrutinize whether workers maintained lawful status, complied with CW-1 terms, and when they decided to pursue permanent residency. She said each case depends on individual circumstances and may include hardship factors such as children in school, medical issues, and the importance of the worker’s job to the CNMI economy.

King warned that being forced into consular processing abroad could create serious financial and legal hardships for many foreign workers who have lived in Saipan, Tinian, or Rota for years.

“Financially, leaving may mean airfare, housing costs abroad, loss of income, separation from family, job disruption, and interruption to children’s schooling,” she said.

She added that applicants could also face delays, immigration questions, or reentry difficulties at overseas U.S. consulates. For that reason, she said no one should leave the CNMI without first obtaining a full immigration review.

King clarified that C-37 long-term residents are not directly targeted by the memo because the policy specifically addresses adjustment of status applications, not C-37 renewals. However, she said C-37 holders seeking green cards may still face review under the new guidance.

“The good news is that many C-37 holders may have strong positive facts, including long lawful residence in the CNMI, work history, family ties, and community ties,” King said.

She also noted concerns raised by Delegate Kimberlyn King-Hinds regarding delays and clerical rejections affecting C-37 renewals, saying such issues make families more vulnerable because work authorization is tied to their ability to support themselves. King advised residents to keep copies of all filings, receipts, rejection notices, and USCIS correspondence.

Addressing concerns about the CNMI economy, King referenced the May 2026 Government Accountability Office report stating that foreign workers make up about one-third of the CNMI workforce. She said the expiration of the CW-1 program in 2029 and the possibility of more workers needing to leave for consular processing could create disruptions for employers and families.

Still, she again emphasized that the pathway to permanent residency remains open.

“But the green card process still exists,” King said. “The best response is careful legal planning, strong documentation, and early legal advice before people make major decisions.”

For families now fearful about their future in the Northern Marianas, King offered one final message.

“My advice is: do not panic, but do not wait,” she said. “Speak with a qualified immigration lawyer as soon as possible.”

She also warned residents against relying on unqualified third-party immigration “experts.”

“Immigration law is complex, and wrong advice can cause serious problems with status, work authorization, travel, or a green card case,” King said.

Lastly, King reiterated that the USCIS memo makes adjustment of status “more demanding,” particularly because it encourages officers to consider whether applicants should instead process immigrant visas through U.S. embassies or consulates abroad. But she stressed the policy does not automatically force applicants to leave the CNMI or erase a pathway toward permanent residency.

Editor’s note: This post is general information and not legal advice for any individual case.