Speech #970105484

The sections in question are those which seek to prevent an influx into the U.S. Virgin Islands of relatives of persons adjusted under the proposed law. We know of no similar law which conditions a citizens ability to bring in alien relatives upon the place where the citizen lives. nor of any law which limits the ability to citizens and permanent residents to bring in relatives due to their method of gaining lawful permanent resident status.I There has been some attempt to analogize these provisions of the bill to the "Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America." No provision is made in the Covenant for the admission of relatives as preference immigrants. though "immediate relatives" can be admitted under the Covenant. We do not consider this a precedent for barring the beneficiaries of H.R. 3517 from later bringing in their relatives. The Covenant gives the NMI control over immigration to those islands. The Covenant specifically makes all but a few provisions (including the admission of immediate relatives) of the Immigration and Nationality Act inapplicable to the NMI. H.R. 3517 gives no such control over immigration to the local Virgin Islands government. There. the Immigration and Nationality Act is in full effect. As the U.S. Virgin Islands. unlike the Northern Maranas. is included within the definition of "United States" contained in section 101(a)(38) of the Act. as well as within the definition of "state" contained in 101(a)(36). and as the immigration laws generally do not apply to the NMI under the Covenant. we do not consider the covenant as precedent for what is being attempted by H.R. In assessing the constitutional problems with H.R. 3517. the method by which alien relatives enter the United States should be considered. Some people have labored under the misconception that an alien has the right to enter this country as a lawful permanent resident. as long as he establishes that he has certain family ties here. This is not the case. Such an alien has no right The only provision we are aware of which limits the ability of a class of lawful permanent residents to bring in relatives is contained in a regulation. 8 C.F.R. 211.5(c) states that alien commuters (who are lawful permanent residents) may not qualify for immigration benefits on behalf of relatives until they take up residence in the United States. See also Matter of Diaz. 15 I&N Dec. 488 (1IA 1975). Analogy to this regulation is not really helpful. however. as the lawful residents (and citizens) affected by this bills restrictions live in the United States (see section 101(a)(38) of the Act. 8 U.S.C. 1101(a)(38)). not in a foreign country. as commuters do. whatsoever to enter the United States. The immigration laws provide only that the United States citizen or lawful permanent resident relative may file a visa petition on behalf of an alien relative. Section 204 of the Immigration and Nationality Act. 8 U.S.C. 1154. Moreover. the filing of a visa petition is only the first step in an alien relatives admission to the country. Even if the visa petition is granted. the alien still has no right to have an immigrant visa issued. or to enter the country as an immigrant. See e.g. section 204(f) of the Act. Thus. it is only the citizen or permanent resident relatives who have the ability to bring in the alien relatives. and their ability in this regard is strictly limited by the dictates of Congress.