What is the Guam-CNMI Visa Waiver Program?
INA §212(l) authorizes a specialized visa-waiver program for travel to Guam and the Commonwealth of the Northern Mariana Islands.
Current regulations appear at 8 C.F.R. §212.1(q).
A qualifying traveler generally must:
- Be eligible based on nationality or other qualifying geographic connection;
- Be classifiable as a visitor for business or pleasure;
- Enter and remain solely in Guam or the CNMI;
- Remain no more than 45 days;
- Possess the required round-trip transportation;
- Possess the required passport;
- Obtain electronic travel authorization from CBP;
- Meet the program's prior-compliance requirements; and
- Agree to the program's limitations on review and removal proceedings.
INA §245(c)(4) creates the adjustment bar
INA §245(c)(4) generally makes ordinary §245(a) adjustment unavailable to a person admitted as a nonimmigrant visitor without a visa under:
- INA §212(l), the Guam-CNMI Visa Waiver Program; or
- INA §217, the standard Visa Waiver Program.
The statute expressly excludes a qualifying immediate relative from the bar.
A qualifying immediate relative of a U.S. citizen is not barred from adjustment merely because the person's admission occurred under the Guam-CNMI Visa Waiver Program.
Immediate relatives of U.S. citizens
The §245(c)(4) exception applies to an “immediate relative” as defined in INA §201(b).
This generally includes:
- The spouse of a U.S. citizen;
- The unmarried child under 21 of a U.S. citizen; and
- The parent of a U.S. citizen who is at least 21 years old.
A qualifying immediate relative admitted under the G-CNMI VWP can therefore potentially adjust under INA §245(a).
What if the 45-day period has expired?
A G-CNMI visa-waiver visitor generally receives no more than 45 days of authorized stay.
An overstay can create several different legal issues:
- Loss of lawful immigration status;
- INA §245(c)(2);
- Failure to comply with the terms of the visa-waiver admission;
- Potential unlawful-presence accrual;
- Removal exposure under the special program rules; and
- Adverse discretionary considerations.
Unauthorized employment after G-CNMI admission
A visitor admitted under the Guam-CNMI Visa Waiver Program is not ordinarily authorized to work merely by virtue of the visitor admission.
Unauthorized employment can implicate INA §245(c)(2) and §245(c)(8).
Family-preference applicants
The immediate-relative exception does not extend to every family-based immigrant.
For example, a person admitted under the G-CNMI VWP who seeks adjustment as:
- The spouse of a lawful permanent resident;
- The adult son or daughter of a U.S. citizen;
- The sibling of a U.S. citizen;
- A married son or daughter of a U.S. citizen; or
- Another family-preference beneficiary
is ordinarily subject to the §245(c)(4) bar unless another statutory route applies.
Employment-based adjustment after G-CNMI visa-waiver admission
A person admitted under INA §212(l) who later becomes the beneficiary of an employment-based immigrant petition ordinarily remains subject to §245(c)(4).
An approved:
- EB-1 petition;
- EB-2 petition;
- National interest waiver;
- EB-3 petition; or
- Other employment-based petition
does not itself eliminate the visa-waiver adjustment bar.
INA §245(k) does not waive the Guam-CNMI visa-waiver bar
INA §245(k) provides qualifying employment-based applicants relief from only three adjustment bars:
- INA §245(c)(2);
- INA §245(c)(7); and
- INA §245(c)(8).
It does not override §245(c)(4).
An employment applicant should not rely on a 180-day §245(k) calculation to cure a Guam-CNMI Visa Waiver Program admission. The independent §245(c)(4) bar remains.
INA §245(i) is an express exception
Current 8 C.F.R. §212.1(q)(4) expressly states that admission under the Guam-CNMI Visa Waiver Program ordinarily prevents adjustment except:
- As provided by INA §245(i); or
- For a qualifying immediate relative.
Therefore, an applicant who is grandfathered under INA §245(i) may possess an adjustment route even when the applicant is not an immediate relative.
See INA §245(i).
Approved VAWA self-petitioners
INA §245(c) begins by excluding a person with an approved petition for classification as a VAWA self-petitioner from the subsection's adjustment bars.
A qualifying approved VAWA self-petitioner therefore has separate statutory protection from §245(c)(4).
Guam-CNMI visa-waiver entrants surrender substantial removal rights
As a condition of participation, a traveler under the Guam-CNMI Visa Waiver Program waives substantial rights relating to:
- Review or appeal of the immigration officer's admissibility determination; and
- Contesting deportation or removal except through the limited forms of protection specified by regulation.
Current regulations permit DHS to remove a deportable G-CNMI VWP entrant without the ordinary referral to an immigration judge for a full removal proceeding, subject to the specific protection procedures provided by regulation.
Electronic travel authorization is now required
Current 8 C.F.R. §212.1(q)(9) requires a traveler intending to use the Guam-CNMI Visa Waiver Program to receive electronic travel authorization from CBP before embarking for Guam or the CNMI.
The electronic system replaced the former reliance on the paper Form I-736 process for current travel.
Current Guam-CNMI Visa Waiver Program countries and geographic areas
Current regulations identify qualifying nationals of:
- Australia;
- Brunei;
- Japan;
- Malaysia;
- Nauru;
- New Zealand;
- Papua New Guinea;
- Republic of Korea;
- Singapore; and
- United Kingdom.
The regulations also contain specific eligibility provisions for travelers connected to:
- Hong Kong; and
- Taiwan.
CNMI Economic Vitality & Security Travel Authorization Program
Current regulations also establish the CNMI Economic Vitality & Security Travel Authorization Program, or EVS-TAP, as a restricted sub-program for qualifying nationals of the People's Republic of China traveling to the CNMI.
The current framework generally provides:
- Travel to the CNMI rather than Guam;
- Visitor travel for qualifying business or pleasure purposes;
- A maximum stay of 14 days;
- Electronic travel authorization;
- Required round-trip transportation;
- Restrictions on prior immigration violations; and
- The same type of substantial waiver of removal rights.
8 C.F.R. §212.1(r)(4) applies the same basic adjustment restriction: ordinary adjustment is unavailable except as provided by INA §245(i) or for a qualifying immediate relative.
Guam-CNMI VWP versus the standard Visa Waiver Program
| Issue | Guam-CNMI VWP | Standard VWP |
|---|---|---|
| Primary authority | INA §212(l) | INA §217 |
| Geographic scope | Guam and CNMI | United States generally, subject to program rules |
| Typical maximum visit | 45 days | 90 days |
| Travel authorization | G-CNMI electronic travel authorization | ESTA |
| Adjustment bar | INA §245(c)(4) | INA §245(c)(4) |
| Immediate-relative exception | Yes | Yes |
| Removal rights | Substantially restricted | Substantially restricted |
Evidence for a Guam-CNMI adjustment case
| Evidence | Purpose |
|---|---|
| Passport | Identity, nationality, and travel-document eligibility. |
| Form I-94 | Establishes date and class of admission. |
| Electronic travel authorization | Corroborates travel through the G-CNMI VWP or EVS-TAP. |
| Historical Form I-736 | Relevant to older G-CNMI admissions before the current electronic process. |
| CBP travel history | Establishes entries and departures. |
| Form I-130 approval | Establishes family immigrant classification. |
| Immediate-relative evidence | Establishes the statutory §245(c)(4) exception. |
| §245(i) grandfathering evidence | Establishes the separate regulatory exception where applicable. |
| Employment history | Identifies unauthorized-employment issues. |
| Prior immigration records | Identifies prior admissions, violations, removal events, and representations. |
Frequently asked questions
I entered Guam under the Guam-CNMI Visa Waiver Program and married a U.S. citizen. Can I adjust status?
Potentially yes. INA §245(c)(4) expressly excludes qualifying immediate relatives from the visa-waiver adjustment bar. The remaining §245(a), admissibility, and procedural requirements still apply.
I overstayed the 45 days. Does that eliminate the immediate-relative exception?
Not by itself. Immediate relatives are also generally exempt from the principal §245(c)(2) status bar. Removal exposure, admissibility, discretion, and the complete immigration history still require review.
Can I adjust through my lawful permanent resident spouse?
Ordinarily not through regular §245(a) based only on that relationship because an LPR spouse creates a family-preference classification, not the immediate-relative classification excepted from §245(c)(4).
Can INA §245(k) cure a Guam-CNMI visa-waiver admission?
No. Section 245(k) overrides §245(c)(2), §245(c)(7), and §245(c)(8), but not §245(c)(4).
Can INA §245(i) overcome the bar?
Potentially yes. Current G-CNMI regulations expressly preserve adjustment under INA §245(i) for a qualifying grandfathered applicant.
Is the Guam-CNMI program the same as ESTA?
No. The standard Visa Waiver Program uses INA §217 and ESTA. The Guam-CNMI program operates under INA §212(l) and uses its own electronic travel-authorization system.
Can a Guam-CNMI visa-waiver visitor extend the 45-day stay?
Ordinarily no. Current regulations make G-CNMI VWP entrants ineligible for ordinary extension of stay, subject to the program's limited satisfactory-departure provisions for qualifying emergencies.
Does filing I-485 give me the normal right to fight removal before an immigration judge?
Not automatically. G-CNMI VWP admission involves a substantial waiver of review and removal rights. Adjustment eligibility and DHS removal authority must be analyzed separately.
What is CNMI EVS-TAP?
It is a current restricted sub-program allowing qualifying prescreened nationals of the People's Republic of China to seek visa-free visitor admission to the CNMI for up to 14 days under specified conditions.