Mailman says new USCIS policy could limit future options for CNMI workers, families

Immigration attorney Bruce Mailman says a new U.S. Citizenship and Immigration Services policy memorandum could have significant long-term implications for foreign workers and families in the Commonwealth, even if it does not immediately affect CNMI-only immigration categories such as CW-1 workers and CNMI long-term residents.

Speaking with Marianas Press, Mailman said the policy centers on adjustment of status applications and could make it more difficult for eligible individuals to complete the green card process within the United States, potentially forcing some applicants to pursue immigrant visa processing through U.S. consulates abroad.

Mailman argued that while many residents are focused on how the policy affects CW-1 workers and CNMI long-term residents, the broader concern is the future opportunities available to those individuals.

“In the questions I've received from a lot of people, there's a lot of focus on how it affects people who have CW-1s and how it affects people who are long-term residents, CNMI long-term residents,” Mailman said. “The short answer is that directly it doesn't. But the longer answer is it affects opportunities that may be presented to these people, either through jobs or through marriage or through family members who are citizens who become old enough to sponsor parents.”

Mailman criticized the policy memorandum, saying it conflicts with longstanding immigration practice and legal precedent.

“The memo ignores the Immigration and Nationality Act, which specifically allows adjustment of status,” he said. “It ignores the 74 years of case law since the INA was enacted.”

He also took issue with the memo's characterization of adjustment of status as an extraordinary benefit granted solely at the government's discretion.

“Every decision on adjustment of status requires the officer who makes the decision to apply discretion,” Mailman said. “The thing about discretion is that discretion has to have guidelines and guardrails. It cannot be unfettered discretion.”

Mailman said he expects the policy to face legal challenges and predicted courts may eventually intervene.

“I expect to see this policy memorandum put on hold by the courts,” he said. “It's going to be challenged.”

Regarding CNMI long-term residents, Mailman urged individuals to review USCIS' own guidance rather than rely on rumors about expiring employment authorization documents.

He noted that USCIS updated its CNMI long-term resident webpage on April 30 and said the agency continues to recognize work authorization for qualified long-term residents even while EAD renewals remain pending.

“You don't stop being a CNMI long-term resident,” Mailman said. “You don't have to stop working just because it expires and you're waiting for a new one to be issued.”

Mailman also expressed concern that forcing applicants into consular processing overseas could create hardships for residents who have built lives and careers in the Commonwealth.

“I think adjustment of status is a better course for most people,” he said. “I think consular processing is awkward, slow, and if you are working here and you have to interrupt your life for several months to be somewhere else, that's difficult.”

He added that some immigrants may face additional barriers because leaving the United States could trigger reentry restrictions under federal immigration law.

Looking ahead, Mailman said employers should already be exploring alternatives to the CW-1 program, which is scheduled to expire at the end of 2029.

“What has been happening is that the number of available CW slots has been dropping year by year, and in the next couple of years, it's going to drop drastically,” he said. “Unless there is something done fairly soon, and this is going to require legislative action, I don't have a lot of hope for the CW program.”

For workers and families worried about the new policy, Mailman's message was straightforward.

“Don't panic,” he said. “If you're frightened, if you're unsure what your situation is, if you don't know what your rights are, make an appointment with an immigration attorney and find out.”