Parole for Transitional Worker Dependent Students Turning 18
USICS may be able to grant parole to your child if you:
If your child is present in the CNMI and under an umbrella permit or other authorization issued by the CNMI government before Nov. 28, 2009, that permit will expire Nov. 27, 2011. Therefore, USCIS may offer parole to your child who is actively attending classes so that he or she can finish the school year in legal status.
Who is Eligible
Only those children of CW-1 workers who are 18 years old or are 17 years old and will be turning 18 THIS school year, who are studying in a secondary/high school in the CNMI can apply for parole.
PLEASE NOTE: If you apply for a child who is 17 years old to receive CW-2 status and that child turns 18 this school year, the child will lose his or her CW-2 status upon turning 18 and would no longer have status to study. Filing for CW-2 status for this child is not advisable if you would like the child to complete the school year in the CNMI. USCIS cannot legally grant parole to any person who has already been admitted as a CW-2 or in any other U.S. nonimmigrant status.
There is no need to apply for children who are U.S. citizens. You cannot petition for CW-2 status for a child who is already 18 years old.
A foreign national who is in college is not eligible for this parole; rather, this person must apply for student status and attend a school that accepts international students. You may visit the Immigration and Customs Enforcements website to see if a school is Student and Exchange Visitor Information System (SEVIS) approved.
There is no filing fee to request parole in this situation.
When to Apply
You can apply for parole for your 17 or 18 year old child who is studying, when your employer applies for you as a CW-1, or any time after that before your child’s status expires. You may also apply for CW-2 status for other dependents at this time. As the employer’s CW-1 petition cannot be filed before Oct.7, 2011, requests for this student parole or CW-2 status also cannot be filed before that date.
Your child may apply for student parole before you are granted CW-1 status as long as the CW-1 petition for you has been filed by your employer. However, if parole is granted for your child, it may be subject to revocation if the CW-1 petition is denied.
Prepare the Following Items
The following must be submitted as part of the request for parole for your child:
Students Who Already Have Parole
If your child already has been paroled, as evidenced on an Arrival-Departure Record, Form I-94, then USCIS will consider extending the parole through the end of the school year. All paroled foreign nationals should ensure that their paroles remain in effect, in order to remain lawfully in the CNMI.
How to Submit Parole Requests
Please see the table to below for instructions on how to submit your parole request.
Parole may be issued for up to one year, depending upon the specifics of your case.
Nonimmigrant Student Status
The F student category may be an available option in some cases, particularly those involving private schools. However, the F student category is primarily intended for those with foreign residences, and the law provides certain strict limitation on the use of F status to attend any public secondary/high school. Please visit the Immigration and Customs Enforcement's website for more information.
Parole gives your child legal status to stay in the CNMI so that your child can study but parole does not give permission to work.
Parole for students who will be turning 18 this school year will be granted for the CNMI only and does not allow travel to any other part of the United States. If your child needs to travel, you will need to contact USCIS to apply.
On Sept. 29, 2011, USCIS announced that parole will be made available for children of CW-1 workers who are 18 years old or are 17 years old and will be turning 18 during the 2011/2012 school year, who are studying in a secondary or high school in the CNMI. The decision to provide parole for this group was made because children who are in secondary/high school who will turn 18 years old during the 2011/2012 school year would lose their lawful status if their parents applied for CW-2 status for them. USCIS is providing parole for this group to allow them to maintain a legal presence in the United States and be allowed to study. All USCIS parole decisions are made on a case by case basis based on urgent humanitarian reasons or significant public benefit.
Last Reviewed/Updated: 10/19/2011