PERSONAL
RIGHTS, DUTIES, AND REMEDIES
TITLE
41
CITIZENSHIP,
ALIENAGE AND IMMIGRATION
Chapters:
06 Deportation
08 Foreign investor entry permits.
Case Notes:
Reviser’s
Comments:
Section 1 of PL 18-52, 1984, provides that “this act shall be known and may
be cited as The Immigration Act of 1 984.”
Amendments: 1984.
Chapter 01
(RESERVED)
Chapter 02
GENERAL
PROVISIONS
Sections:
41.0201 Purpose-Interpretation.
41.0202 Definitions.
41.0203 Immigration Board-Creation-Members.
41.0204 Meeting-Quorum-Vote.
41.0205 Powers
and duties.
41.0206 Powers
and duties of the Administrative Law Judge.
41.0207 Powers
and duties of the Attorney General.
41.0208 Burden
of proof.
41.0209 Review of detention
proceedings.
41.0210 Petition
for review.
41.0211 Scope of review-Evidence.
41.0212 Stay of deportation.
41.0213 Decisions by court.
41.0201 Purpose-Interpretation.
(a) The United States Congress
has, when considering Organic Acts for American Samoa on several occasions,
recognized the rights of the people of American Samoa to determine their
political future, and in recognition of the present policy of the United States
Government to develop American Samoa for American Samoans, and in furtherance
of the provisions of the Constitution of American Samoa, Article I, Section 3,
authorizing enactment of such legislation as may be necessary to protect the
lands, customs, culture, and traditional American Samoan family organizations
of persons of American Samoa ancestry, and to encourage business enterprises by
American Samoans, the Legislature finds there are limited land resources,
water, sewage facilities, and educational and economic opportunities in
American Samoa. Therefore, with the increasing mobility of todays population,
the only way to preserve the American Samoan culture and way of life and allow
the people of
(b) This title is to be interpreted and construed
so as to effect its general purpose to limit entry into
History: 1984, PL 18-52 § 2.
Case Notes:
The
sole, stated purpose of the Territorial immigration statute is to preserve the
“limited land resources, water, sewage facilities, and educational and economic
opportunities” of
41.0202 Definitions.
(1) As used in this title unless the context
requires otherwise:
(a) “Alien” means all persons who are not
nationals or citizens of the
(b) “Attorney General” means the Attorney General
of American Samoa or his designated representative.
(c) “American Samoan” means a person born:
(i) of American Samoan ancestry in
(ii) outside of American Samoa, but one of whose
parents was born in American Samoa of Samoan ancestry and who has registered
with the Board within 3 years of his eighteenth birthday, or the enactment of
this section, whichever is later.
(d) “American Samoan ancestry” means lineal
descendants of the inhabitants of Tutuila and Swains Islands whose permanent
place of residence was American Samoa on 17 April 1900, and the inhabitants of
Manu’a Islands whose permanent place of residence was American Samoa on 16 July
1904.
(e) “Board” means the Immigration Board of
American Samoa.
(f) “Children” means legitimate or legitimated
child, or stepchildren, or children adopted while under the age of 12 years or
in relation to their mother illegitimate children provided the children are
residing with their parents or stepparents.
(g) “Crewman” means a person serving in any
capacity on Board a vessel or aircraft.
(h) “Immigration officer” means an employee of
the immigration division of the government.
(i) “Minor” means a child or children of age 18
years or younger.
(j) “National of the
(k) “Owner” means the agent, transportation line,
master, commanding officer or consignee of a vessel or aircraft.
(l) “Parent” or “Stepparent” means a parent or
stepparent only where the relationship exists by reason of any of the
circumstances in (f) above.
(m) “Permanent resident” is a person who meets the
eligibility criteria in chapter 04 of this title.
(n) “Post-secondary institution
of higher learning” means an institution of post-high school instruction which
certifies its graduates by conferring degrees or certificates. Such institutions are limited to, the
presently existing local bible and church colleges which offer post-high school
ministerial and/or pastoral training which culminates in the conferring of a
degree or certification.
(o) “Spouse” does not include a spouse by reason
of any marriage ceremony where the contracting parties thereto are not
physically present in the presence of each other, unless the marriage shall
have been consummated.
(p) “Permanent” means a relationship of continuing
or lasting nature, as distinguished from temporary, but a relationship may be
permanent even though it is one that may be dissolved eventually at the
instance either of
(q) “Person” means an individual, and includes a
firm, partnership, joint venture or corporation where the context so requires.
(r) “Police officer” means a police officer of
the government.
(s) “Residence” means a person’s principal actual
place of abode, in fact, without regard to intent.
(t) “Tourist” means a person visiting
(2) For the purposes of this title, no person
shall be regarded as, or found to be, a person of good moral character who,
during the period for which good moral character is required to be established,
is, or was:
(a) a habitual drunk;
(b) a member of one or more of the classes of
persons, whether excludable or not, described in 41.0615(9), (10), (11), (12),
if the offense described therein, for which such person was convicted or of
which he admits the commission, was committed during such period:
(c) one whose income is derived principally from
illegal gambling activities;
(d) one who has been convicted of 2 or more
gambling offenses committed during such period:
(e) one who has given false testimony for the
purpose of obtaining any benefits under this title:
(f) one who during such period has been confined,
as a result of conviction, to a penal institution for an aggregate period of
180 days or more, regardless of whether the offense, or offenses, for which he
has been confined were committed within or without such period;
(g) one who at any time has been convicted of the
crime of murder or rape.
The
fact that any person is not within any of the foregoing classes shall not
preclude a finding that for other reasons such person is or was not of good
moral character.
(3) For the purposes of this title any person
ordered deported (whether before or after the enactment of this title) who has
left American Samoa, shall be considered to have been deported pursuant to
law, irrespective of the source from which the expenses of his transportation
was defrayed or of the place to which he was deported.
History: 1984, PL 18-52 § 2;
amd 1985, PL 19-16 § 1, amd 2004, PL 28-13.
Amendments: 1985
Subsection (1)(c)(iii): deleted.
Subsection (1)(d):
word changed to correct typographical error.
41.0203 Immigration
Board-Creation-Members.
There
is created the Immigration Board of American Samoa, consisting of 5 at-large
members, who are nationals of the United States of American Samoan ancestry,
appointed by the Governor with the consent and approval of the Legislature. The
5 at-large members shall serve for 5 year terms, but for no more than 2 consecutive
terms: except the original appointees shall be appointed for terms of 1, 2, 3,
4 or 5 years. Members shall serve on the Board until a successor is approved.
The Board members shall elect their own chairman annually.
History: 1984,
PL 18-52 § 2.
41.0204 Meetings-Quorum-Vote.
The
Board shall meet at times and places determined necessary by the chairman for
conducting business of the Board. The presence of at least 3 members shall be
necessary to constitute a quorum and a vote of the majority will be required
to decide any issue. All members of the Board including the chairman shall be
entitled to one vote.
History: 1984,
PL 18-52 § 2.
41.0205 Powers and duties.
The
Board may:
(1) hold hearings concerning the status or
exclusion of any person other than American Samoans, their spouses and their
children, seeking permission to enter or remain in American Samoa; the board
shall create and maintain a record of all proceedings conducted before the
board in order to preserve as complete a record as possible for review by the
Administrative Law Judge in accordance with A.S.C.A., 4.0601;
(2) deport any alien after the alien has been
accorded an opportunity for a public hearing;
(3) hold any other hearing as necessary for the
enforcement of this title;
(4) investigate any matter pertaining to enforcement
of this title, through a representative authorized by the Board;
(5) subpoena documents and witnesses, compel
testimony and cite for contempt;
(6) examine the books, records and accounts of
all employers in
(7) make rules and regulations necessary for the
enforcement of this title; such regulations shall include requirements as to
deportability that;
(a) the alien shall be given notice, reasonable
under all the circumstances, of the nature of the charges against him and of
the time and place at which the proceedings will be held;
(b) the alien shall have the privilege of being represented, at no expense
to the government, by such attorney, who is authorized to practice before the
High Court of American Samoa, as he shall choose;
(c) the alien shall have a reasonable opportunity
to examine the evidence against him, to represent evidence in his own behalf,
and to cross-examine witnesses presented by the Government; and
(d) no
decision of deportability shall be valid unless it is based upon reasonable,
substantial, and probative evidence; such decisions shall be in writing;
(8)
subject to the exception in section 41.0306.1, make rules and regulations
concerning the approval or disapproval of aliens to attend school or college,
to secure a business license, or to be employed in the Territory;
(9)
make available for public inspection all rules and written statements of
policy, or interpretations formulated, adopted or used by the Board in
discharge of its functions;
(10)
make available for public inspection all final orders, decisions and opinions;
(11) delegate any of its administrative duties to
the Attorney General or immigration officers of
(12) require the registration of all aliens residing
in
History: 1984, PL 18-52 § 2; 2004, PL 28-13, amd 2004,
PL 28-17.
Case Notes:
An alien in a
deportation proceeding is entitled to cross-examine the government's witnesses,
and an improper curtailment of this right constitutes a violation of procedural
due process.
The
Immigration Board may deport an alien only after he has been accorded an
opportunity for a public hearing.
A.S.C.A. § 41.0205(2), Farapo v.
Aliens facing
deportation hearings are to be given notice which is "reasonable under the
circumstances." A.S.C.A. §§
41.0205(7)(a), 41.0607(a)(1). Farapo v.
The
Immigration Board's merely announcing a sponsorship's termination fails to meet
the notice requirements for a deportation hearing, as the notice must include
the time and place of the hearing.
A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Farapo v.
41.0206 Powers and duties of the Administrative
Law Judge.
(a) The Administrative Law Judge shall have the power to
review all decisions of the Immigration Board pursuant to the provisions of
this title, in accordance with A.S.C.A., 4.0601, and subject to the limitations
thereto.
(b) The Administrative Law Judge shall exercise all
powers as prescribed in the Administrative Procedures Act and supplemented by
those enumerated in the Administrative
Law Judge Act in the discharge of its duties pursuant to this provision.
(c) Nothing in this provision shall affect the powers
prescribed to the board, the Attorney General or the Immigration Office as
outlined in this Title.
History: 2004, PL 28-17.
41.0207 Powers and duties of
the Attorney General.
The
Attorney General shall be charged with the administrator and enforcement of
this title and all other laws relating to the entrance, immigration,
registration, and status of aliens, except insofar as this title or such laws
relate to the powers, functions, and duties conferred upon the Board. Provided,
however, that determination and ruling by the Attorney General with respect to
all questions of law shall be controlling. He shall have control, direction,
and supervision of all employees and of all the files and records of the
immigration division and the Board. He shall establish such regulations,
prescribe such forms of bond, reports, entries and other papers, issue such
instructions, and perform such other acts as he deems necessary for carrying
out his authority under the provisions of this title including prosecuting
cases before the Board. He may delegate such duties as he deems necessary to
perform or exercise any of the powers, privileges or duties conferred or
imposed by this title or regulations issued thereunder upon any other employee
of the Attorney General’s office and of the immigration division. He shall have
the power and duty to control and guard the boundaries and borders of
History: 1984, PL
18-52 § 2, amd 2004, PL 28-17.
Case Notes:
41.0208 Burden of proof.
(a) Whenever any person makes application for any
document required for entry or residence status or otherwise attempts to enter
(b) In
deportation proceedings against any person, the burden of proof shall be upon
that person to show the time, place and manner of entry into American Samoa,
but in presenting that proof he shall be entitled to the production of any
entry document or other documents and records, not considered to be
confidential, pertaining to his entry and in the custody of the Attorney
General.
(c) If the burden of proof is not sustained, the
person is presumed to be in
History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.
41.0209 Review of detention
proceedings.
(a)
The Trial Division of the High Court of American Samoa may review in a habeas
corpus proceeding any determination of the Attorney General concerning detention,
release on bond, or parole, pending decision of the deportability.
(b) If the High Court finds that the Attorney
General is not proceeding with such, reasonable dispatch as may be indicated by
particular facts and circumstances to determine deportability, the Court may
order the individual’s release on such terms and conditions as the court deems
necessary.
History: 1984, PL, 18-52 § 2,
amd 2004, PL 28-17.
41.0210 Petition for review.
A
petition for review may be filed with the Appellate Division of the High Court
not later than 15 days from the date of the final decision of the Board; the
action shall be brought against the Board as respondent.
History: 1984, PL 18-52 § 2,
amd 2004, PL 28-17.
Case
Notes:
A petition for review of an Immigration Board’s
decision need not be dismissed or be refiled to correct the names of the
applellees in the caption when the petition incorrectly included the American
Samoa Government, the Attorney General, and the Chief Immigration Officer as
appellees. A.S.C.A. § 41.0209,
43.0201(b); H.C.R. 3. Farapo v.
41.0211 Scope of
review-Evidence.
(a)
The Court may not substitute its judgment for that of the Board as to the
weight of the evidence on questions of fact. In reviewing the Board’s
interpretation of the evidence, its factual inferences, and its conclusions of
law, the court shall give substantial weight to the Board’s experience,
technical competence and specialized knowledge of immigration problems in
(b) The review shall be confined to the record; however, the Court in
its sound discretion may receive evidence to supplement the record.
History: 1984, PL 18-52 § 2,
amd 2004, PL 28-17.
Case Notes:
Starting point for judicial inquiry in reviewing Immigration
Board order is the record itself; where Board did not supply a complete record
of its proceedings, the missing facts would be found favorably to the
appellant. A.S.C.A. § 41.0210. Rakhshan v. Immigration Board (Mem.), 13
A.S.R. 2d 25 (1989).
Where it was not clear from Immigration Board decision that in the absence of allegedly false statements the appellant would have been deported solely because he was no longer employed, and where the court had found no false statements in the record, a stay of deportation would be granted and the matter remanded for a new hearing. A.S.C.A. § 41.0210-11. Rakhshan v. Immigration Board (Mem.), 13 A.S.R. 2d 25 (1989).
41.0212 Stay of deportation.
The
filing of a petition under 41.0210 shall not stay the deportation of any person
pending determination of the Court unless the court otherwise directs.
History: 1984, PL 18-52 § 2,
amd 2004, PL 28-17.
Case Notes:
Interlocutory
stay of a deportation order should be granted only when there is a substantial
likelihood that the petitioner will prevail on the merits and the petitioner
will be greatly or irreparably injured if the stay is not granted. A.S.C.A. § 41.0211. Rakhshan v. Immigration Board (Mem.), 13
A.S.R.2d 25 (1989).
Because
deportation tends severely to disrupt the life of the one deported, whether a
stay is granted pending appeal of deportation order usually depends on whether
the petitioner appears to have a good chance of prevailing. A.S.C.A. § 41.0211. Rakhshan v. Immigration Board (Mem.), 13
A.S.R.2d 25 (1989).
Where it was not clear from Immigration
Board decision that in the absence of allegedly false statements the appellant
would have been deported solely because he was no longer employed, and where
the court had found no false statements in the record, a stay of deportation
would be granted and the matter remanded for a new hearing. A.S.C.A. §§ 41.0210-11. Rakhshan v. Immigration Board (Mem.), 13 A.S.R.2d 25 (1989).
41.0213 Decisions by court.
The
Court may reverse or modify the decision of the Board, or may remand the case
for further proceedings, if substantial rights of the petitioner have been
prejudiced because the decision of the Board is:
(1) in violation of applicable constitutional or
statutory provisions;
(2) in excess of statutory authority of the
agency;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the reliable,
probative and substantial evidence on the whole record;
(6) arbitrary, capricious or characterized by abuse of discretion.
History: 1984, PL 18-52 § 2,
amd 2004, PL 28-17.
Case Notes:
If made upon unlawful procedure, a
decision of the Immigration Board may be reversed, modified, or remanded for
further proceedings by the Appellate Division of the High court. A.S.C.A. § 41.0212(3). Farapo v.
IMMIGRATION-REGISTRATION
Sections:
41.0301 Numerical limitation.
41.0302 Proibition against
discrimination in immigration.
41.0303 Allocation
of registration receipt cards.
41.0304 Duty to register.
41.0305 Submission
of information under oath-Authority.
41.0306 Registration form.
41.0306.1 Waiver—Children of foreign post-secondary students attending
local institutions of higher learning.
41.0307 Records
confidential.
41.0308 Notice of address or change of address.
41.0309 Issuance of certificate of alien registration receipt card.
41.0310 Certificate-Personal
possession required.
41.0311 Willful failure to apply
for registration or photographing-Penalty.
41.0312 Failure to give notice of
address or change of address-Penalty.
41.0313 False statements and
fraud-Penalty.
41.0314 Counterfeiting-Penalty.
41.0315 Identification card fee.
41.0301 Numerical
limitation.
(a)
Quarterly and yearly limits. The number of aliens born in any foreign state or
dependent area who may enter American Samoa to be registered shall not in any
of the first three quarters of any fiscal year exceed the total of 25, and
shall not in any fiscal year exceed a total of 100 and, the total number or
registration receipt cards made available to natives of any single foreign
state shall not exceed 5 in any fiscal year, except these numbers shall not
include Western Samoans, immediate relatives of American Samoans, nor citizens
of the United States of America.
(b) Immediate relatives defined. The “immediate
relatives” referred to in subsection (a) of this section shall mean the
children, spouses, and parents of an American Samoan; provided, that in the
case of parents, such American Samoan must be at least 21 years of age. The immediate
relatives specified in this subsection who are otherwise qualified for registration
shall be registered as such, without regard to the numerical limitations in
this chapter.
(c) Numerical limitation of
(d) The
numerical limitations established by this section shall not include aliens
employed by the American Samoa Government or the
(e) Aliens submitting application for registration
receipt cards under this section and 41.0303 shall return to their
countries of origin pending allocation of such registration receipt cards for
re-entry into
(f)
Notwithstanding anything to the contrary in
subsections (a) through (e), the total number of registration receipt cards
made available in fiscal year 1997 to all aliens shall not exceed a total of
1,820 for aliens born in Western Samoa, 404 for aliens born in the Kingdom of
Tonga, 88 for aliens born in the Republic of the Philippines, 20 for aliens
born on Tuvalu, 14 for aliens born in the Republic of Fiji, 14 for aliens born
in the People's Republic of China, 12 for aliens born in New Zealand, 11 for
aliens born in the Republic of Korea, and 8 for aliens born in the Republic of
China. The requirements of sections
41.0301(e) and 41.0502(a)(2)(D) are hereby waived only for those aliens whose
applications to remain in American Samoa were processed during the period from
January 3, 1997 through and including April 23, 1997 pen ding final determination by the Immigration
Board. Such persons are subject to the
requirements of section 41.0319 and 41.0404 of the Administrative Code,
including submission of all required applications and payment of fees.
(g) Section
41.0403 (a) (1) shall be strictly applied to all those applicants qualifying
under Section 41.0301, thus all accumulated days, months, and years those
applicants were present in American Samoa prior to the Immigration Board's
approval shall not be considered as "legally present in American
Samoa".
History: 1984, PL 18-52 § 2;
amd 1988, PL 20-56; amd 1997, PL 25-16.
Reviser’s Comment:
Section 7 of PL 1 8-52, 1984, provides that the
numerical limitations in this section shall not be imposed until
41.0302 Prohibition against
discrimination in immigration.
No
person shall receive any preferences or priority or be discriminated against in
the issuance of a registration receipt card because of his race, sex,
nationality, place of birth or place of residence, except as specifically
provided for in this chapter.
History: 1984, PL 18-52 § 2.
41.0303 Allocation of registration receipt cards.
(a) Categories of preference priorities. Aliens
who are subject to the numerical limitations specified in 41.0301 shall be
allotted registration cards as follows:
(1) in a number not to exceed 20 percent of the
number specified in 41.0301 to qualified aliens who are unmarried sons or
daughters of American Samoan or United States citizens;
(2) next in a number not to exceed 20 percent of
the number specified in 41.0301, plus any registration receipt cards not
required for the classes not specified in paragraph (1), who are the spouses,
unmarried sons, or unmarried daughters of a person lawfully admitted to
American Samoa as a permanent resident;
(3) next
in a number not to exceed 10 percent of the number specified in 41.0301, plus
any registration receipt cards not required for the classes specified in
paragraphs (1) and (2) to qualified brothers and sisters of American Samoans
provided such American Samoans are at least 21 years old;
(4) next in a number not to exceed 10 percent of
the number specified in 41.0301, plus any registration receipt cards not
required for the classes specified in paragraphs (1) through (3), to qualified
aliens who are members of the professions or who because of their exceptional
ability in the sciences or the arts will substantially benefit prospectively
the economy, cultural interests, or welfare of American Samoa and whose
services in the professions, sciences, or arts are sought by an employer in
American Samoa; and “professions” shall include but not be limited to
architects, engineers, lawyers, physicians, surgeons, and teachers in
elementary or secondary schools, colleges, academics, or seminaries;
(5) next in a number not to exceed 24 percent of
the number specified in 41.0301, plus any registration receipt cards not
required for the classes specified in paragraph (1) through (4), to qualified
persons who are capable of performing specified skilled or unskilled labor,
not of a temporary or seasonal nature, for which a shortage of employable and
willing persons exists in American Samoa;
(6) next in a. number not to exceed 10 percent
of the number specified in 41.0301, plus any registration receipt cards not
required for the classes specified in paragraphs (1) through (5), to qualified
persons who are the married sons or married daughters of American Samoans;
(7) any additional registration receipt cards
shall be made available by the Attorney General, pursuant to any regulations as
he may prescribe and in a number not to exceed 6 percent of the number
specified in 41.0301; and
(8) registration receipt cards authorized in any
fiscal year less those required for issuance to the classes specified in
paragraphs (1) through (6), and less the number made available pursuant to
paragraph (7), shall be made available to other qualified persons strictly in
the order in which they qualify. Waiting lists of applicants shall be
maintained in accordance with regulations prescribed by the Attorney General.
(9) A spouse or child as defined in this section
shall, if not otherwise entitled to a registration receipt card under
paragraphs (1) through (8), be entitled to the same status, and the same order
of consideration provided in subsection (b), if accompanying, or following to
join, his spouse or parent.
(b) Order of consideration given applicants. In
considering applications for registration receipt cards under subsection (a),
consideration shall be given to applicants in the order in which the classes of
which they are members are listed in subsection (a).
(c) Order of issuance cards. Registration receipt
cards issued pursuant to paragraphs (1) through (6) of subsection (a) shall be
issued to eligible persons in the order in which an application for
registration in behalf of each such person is filed with the Attorney General
as provided in this chapter.
(d) Presumption of nonpreference status. Every
application for a registration receipt card shall be presumed to be a
nonpreference applicant until he establishes to the satisfaction of the
immigration officer that he is entitled to a preference status under paragraphs
(1) through (7) of subsection (a) or that he is an immediate relative of an
American Samoan as specified in 41.0301(b).
History: 1984, PL 18-52 § 2.
Reviser’s Comment:
Section 7 of PL 18-52, 1984, provides that the
numerical limitations in this section shall not be imposed until
41.0304 Duty to register.
(a) It
shall be the duty of every alien now or hereafter in American Samoa who is 14
years of age or older, has not been registered and photographed under this
chapter, and remains in American Samoa for 30 days or longer, to apply for
registration and photographing before the expiration of such 30 days.
(b) It shall be the duty of every parent or legal
guardian of any alien now or hereafter in American Samoa, who is less than 14
years of age, has not been registered under this chapter, and remains in
American Samoa for 30 days or longer, to apply for the registration of such
alien before the expiration of such 30 days.
(c) Whenever any alien attains his fourteenth birthday in
History: 1984, PL 18-52 § 2.
41.0305 Submission of
information under oath-Authority.
(a) Every person required to register or to apply
for the registration of himself or another under this chapter shall submit
under oath the information required for such registration.
(b) Any person authorized under regulations issued
by the Attorney General to register persons under this chapter shall be
authorized to administer oaths for such purposes.
History: 1984, PL 18-52 § 2.
41.0306 Registration forms.
(a) The Attorney General is authorized and
directed to prepare forms for the registration and photographing of aliens.
Such forms shall contain inquiries with respect to:
(1) the date and place of entry of the person in
(2) activities in which he has been and intends
to be engaged;
(3) the length of time he expects to remain in
(4) the police and criminal record, if any, of
such alien; and
(5) such additional matters as may be prescribed.
(b) The Attorney General may authorize immigration
officers to record the following information regarding every person leaving or
entering American Samoa: Names, age, sex; whether married or single; calling or
occupation; whether able to read or write; nationality; country of birth;
country of which citizen or subject; race; last permanent residence in American
Samoa; intended future, permanent residence; and, if a United States citizen
or national, the facts on which claim to that status is based.
History: 1984, PL
18-52 § 2.
41.0306.1 Waiver—Children of foreign post-secondary students attending
local institutions of higher learning.
(a)
In the case of foreign
students matriculating at local post-secondary institutions of higher learning,
whose minor children are prohibited from attending the local schools of the
Territory pursuant to requirements set forth in this title, the Attorney
General or his designee, at his discretion, may issue to individual student
applicants a waiver of the formal requirements under this title in order for
the student applicant to bring his minor children into compliance with this title. Student applicants shall provide to the
Attorney General the following documents as proof of his/her eligibility for
this waiver:
(1) proof of
legal entry into the Territory;
(2) proof of
enrollment at a recognized post-secondary institution of higher learning within
the Territory;
(3)
proof that the student
applicant is the parent or legal guardian of the minor child or children;
(4)
relevant school
documents from elementary, middle and high schools previously attended by the
minor child or children;
(5)
proof of vaccinations,
inoculations and prophylactic measures of the minor child or children;
(6)
relevant travel
documents indicating date of arrival in the Territory;
(7)
any and all other
documents required by the Attorney General or his designee.
(b)
The waiver issued pursuant
to this section shall not exceed 6 months.
In no case shall there be more than 2 waivers issued for any applicant
student or his children. A second waiver
shall issue only upon a showing of exceptional circumstances to be determined
and recorded by the Attorney General or his designee, with a copy of the
decision forwarded to the Office of the Governor for recordation.
(c)
If at any time during
the waiver period the student applicant ceases to be enrolled at a recognized
post-secondary institution of higher learning within the Territory, or the
student applicant fails to discharge his duties and obligations under the laws
of
(d)
The waiver shall serve
no other purpose other than to provide a grace period in which the student
applicant shall bring his minor children into compliance with this title. All other requirements in this title with
respect to obligations and duties of alien applicants shall apply at all times.
(e)
This section in no way
derogates the obligations and duties of the student applicant and his minor
child pursuant to the laws and regulations of
(f)
Statements given by a
student applicant pursuant to this section are subject to the penalties of
sections 41.0313 and 41.0314.
The grace period created by this waiver may be used
by the appropriate authority in determining whether the applicant student and
his children meet time requirements as provided for in this title.
History: 2004, PL 28-13.
41.0307 Records
confidential.
All
registration and photograph records made under the provisions of this chapter
shall be confidential, and shall be made available only to such persons or
agencies as may be designated by the Attorney General.
History: 1984, PL 18-52 § 2.
Case Notes:
Though the Immigration Board’s documents
are confidential by statute, this statute may not be used to deny constitutionally
guaranteed due-process rights, nor does it prohibit the court from ordering the
Attorney General to produce these records when needed.
41.0308 Notice of address or
change of address.
(a) Every alien required to be registered under
this chapter who is within American Samoa on the first day of January of each
year, shall within 30 days following such date, notify the Attorney General in
writing of his current address and furnish such additional information as may
by regulation be required by the Attorney General.
(b) Any such alien shall likewise notify the
Attorney General in writing of each change of address and new address within 10
days from the date of such change.
(c) Any such alien who is temporarily absent from
(d) Any such alien in
(e) In the case of an alien for whom a parent or
legal guardian is required to apply for registration, the notice required by
this section shall be given by such parent or legal guardian.
History: 1984, PL 18-52 § 2.
Case
Notes:
The ten-day statutory period for
reporting an address change to the Immigration Board can only sensibly be given
effect if the prescribed period is computed to exclude the last day when it
happens to fall on a Saturday, Sunday, or legal holiday. A.S.C.A. § 41.0308(b). Farapo v.
41.0309 Issuance of
certificate of alien registration receipt card.
(a) Except as provided herein, every alien in
America Samoa who has been registered and photographed under this chapter shall
be issued a certificate of alien registration receipt card for a period of time
not to exceed 12 months, from the date of issuance, in such form and manner,
and at such time, as shall be prescribed under regulations issued by the
Attorney General.
(b)
Every alien who is granted the status of permanent resident by virtue of
law or by Immigration Board order and children of U.S. nationals born in
foreign countries, upon registration and photographing shall be issued a
certificate of alien registration receipt card for a period of time not to
exceed three (3) years from the date of issuance, in such form and manner as
may be prescribed under rules of regulations promulgated by the Attorney
General.
History: 1984, PL 18-52 § 2; amd 1990, PL 21-32.
41.0310 Certificate-Personal
possession required.
(a) Every alien 18 years of age and over shall at
all times carry with him and have in his personal possession any certificate
of alien registration receipt card issued to him pursuant to this chapter.
(b) Any
alien who fails to comply with this section shall be guilty of a class B
misdemeanor.
(c) If after a hearing the Board finds a
violation of this section, the alien shall also be subject to deportation or
imposition of a fine up to $500.
History: 1984, PL 18-52 § 2; amd 1988, PL 20-56.
41.0311 Willful failure to
apply for registration or photographing-Penalty.
(a)
Any alien required to apply for registration and photographing in American
Samoa who willfully fails or refuses to make such application or to be
photographed, and any parent or legal guardian required to apply for the
registration of any alien who willfully fails or refuses to file application
for the registration of such alien, shall be guilty of class A misdemeanor.
(b) If after a hearing the Board finds a
violation of this section, the alien shall also be subject to deportation or
imposition of a fine up to $1,000.
History: 1984, PL 18-52 § 2; amd 1988, PL 20-56.
41.0312 Failure to give
notice of address or change of address-Penalty.
(a)
Any alien, and any parent or legal guardian in
(b) If after a hearing the Board finds a violation of this
section, in addition to deportation the alien may be fined up to $1,000.
History: 1984, PL
18-52 § 2; amd 1988, PL 20-56.
Case Notes:
Alien
who willfully fails to report a change of address to the immigration
authorities is subject to deportation.
A.S.C.A. § 41.0312. Rakhshan v.
Immigration Board, 15 A.S.R. 2d 29
(1990).
41.0313 False statements and fraud-Penalty.
(a) Any person, and any parent or legal guardian
of any person, who files an application for registration containing a statement
known by him to be false, or who procures or attempts to procure registration
of himself or another person through fraud, shall be guilty of a class A misdemeanor.
(b) Any alien convicted under this section shall,
upon the issuance of a warrant, be taken into custody and deported in the
manner provided by law.
History: 1984, PL 18-52 § 2.
Case Notes:
Alien who makes statements he knows are false in an immigration application is subject to deportation. A.S.C.A. § 41.0313. Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).
41.0314 Counterfeiting-Penalty.
Any
person who knowingly photographs, prints or in any other manner makes or
executes any engraving, photograph, print or impression in the likeliness of
any certificate of alien registration receipt card, or any colorable imitation
thereof, except when and as authorized under such rules as may be prescribed by
the Attorney General, shall be guilty of a class D felony.
History: 1984, PL 18-52 § 2.
41.0315 Identification card
fees.
(a) The Immigration Office, within the Department
of Legal Affairs, may charge certain fees in connection with applications,
permits, cards and other general requirements under this title. Fees shall be submitted with any applicable
formal applications or petitions prescribed in this chapter and shall be in the
amount prescribed by law or rule.
(b) The
Immigration Office may charge a fee for the issuance or renewal of
identification cards. Such fees shall be
known as “identification card fees.”
(c) A fifty percent (50%) setoff shall be
established from identification card fees.
Whenever an identification card fee is assessed, the fifty percent (50%)
setoff shall be segregated into a separate account designated “ASG IMMIGRATION
UPGRADE ACCOUNT,” which shall be administered by the Attorney General in
conjunction with the Treasurer of American Samoa in accordance with Title 4,
Chapter 05 of this code.
(d) Revenue
deposited in the ASG Immigration Upgrade Account shall be expended solely for
the purchase, maintenance or upgrade of the Immigration Office computer systems
to include software, hardware and general office supplies or vehicles. Any revenues not expended for the foregoing
purposes may be used for general purchases, equipment and supplies for the
Office of the Attorney General.
(e) In no
event shall the account exceed a total deposit amount of $50,000 annually. All revenues generated in excess of this
annual amount shall be deposited in the general fund.
(f) For
purposes of planning, in no event shall the account exceed a maximum total
deposit amount of $150,000 for any three-year period, in accordance with the
annual ceiling listed in (e) above.
(g) The revenue
generated from the setoff created in (c) above is hereby appropriated by the
Legislature to the Department of Legal Affairs subject to the provisions
contained herein.
History: 2005, PL 29-11.
Sections:
41.0401 Exclusion of persons not Nationals of the United States.
41.0402 American Samoans entitled to permanent
residence.
41.0403 Persons entitled to apply for permanent
resident status.
41.0404 Application for permanent residence.
41.0405 Loss of permanent residence status.
41.0406 Rights-Adopted children.
41.0407 Loss of status upon which entry or stay was
based.
41.0408 Sponsors for persons permitted to remain.
41.0409 Foreign investor entry permits.
41.0410 Employment of
aliens-Penalty.
41.0401 Exclusion of persons
not Nationals of the
(a) The Immigration Board is authorized to exclude
any person who does not qualify as a National of the
(1) he
is of good moral character;
(2) he offers a skill or expertise not readily
available in the American Samoan community and the skill or expertise is needed
in
(3) an alien has a local sponsor as required by
this title and the rules of the Board;
(4) he will not become a financial burden on any
Samoan family or the Government; and
(5) he is not excludable nor deportable under
chapter 06 of this title.
(b) Notwithstanding subsection (a), the Board is
authorized to allow cultural and family interchanges between persons in
History: 1984, PL 18-52 § 2.
Case
Notes:
Person who loses the status on which his permit to enter the Territory was based is presumed not to be entitled to remain, and may rebut such presumption only by showing that he is of good character, has a local sponsor, is not likely to be a financial burden on Samoa, and offers a needed skill or expertise not readily available in American Samoa. A.S.C.A. § 41.0401. Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).
41.0402 American Samoans entitled to permanent residence.
(a) All American Samoans are entitled to permanent
residence in
(b) Any person, who established
History: 1984, PL
18-52 § 2.
41.0403 Persons entitled to apply for permanent resident status.
(a) The following persons shall be entitled to
apply for permanent resident status:
(1) any person who is physically and legally
present in
(2) any person who at the time of being legally
adopted by an American Samoan was 21 years of age or younger: except that any
person legally adopted by an American Samoan prior to
(3) any person who has been legally married to an
American Samoan or a United States citizen, and has resided in American Samoa,
for at least 10 years;
(4) any person who meets the criteria contained
in section 41.0303(a)(1) and (a)(6) and who has resided in
(b) The number of persons who may be granted the
status of permanent resident in any fiscal year shall not exceed 50. There shall be no numerical limitation to the
number of persons who may be granted the status of permanent resident under
subparagraphs (a)(2), (a)(3) and (a)(4).
(c) Except when authorized by the Attorney
General, no alien who has failed to register pursuant to this title is entitled
to apply for permanent resident status.
(d) Notwithstanding subparagraph (b) above, all
applications filed for permanent resident status before
History: 1984, PL 18-52 § 2; 2002, PL 27-28.
41.0404 Application for
permanent residence.
(a) Each person other than American Samoans
desiring permanent residence status must file an application with the Attorney
General on forms prescribed by the Attorney General.
(b) The Attorney General shall review all
applications for permanent residence in order of date of application filed
pursuant to this section and shall hold such hearings as necessary for
determination of any issue presented by any application.
(c) Upon being satisfied that the applicant is
entitled to permanent residence status, the Attorney General shall issue a
certification that the applicant is a permanent resident of
History: 1984, PL 18-52 § 2; 2002, PL 27-28.
41.0405 Loss of permanent resident status.
(a) Permanent residents may lose their status if
they reside outside
(b) The Attorney General may revoke the permanent
resident status of any non-American Samoan permanent resident if that person
is:
(1) a convicted felon;
(2) a person who has been convicted of 2
or more crimes regardless of whether the conviction was in a single trial or
whether the offense has arisen from a single scheme or misconduct and
regardless of whether the offense involves moral turpitude;
(3) a person who has been convicted of a crime
involving moral turpitude or admits committing acts which constitute the
essential elements of such a crime: except a person who has committed one such
crime while under the age of 18 years, unless the crime resulted in confinement
in a prison or correctional institution; and
(4) a person who:
(A) is a prostitute;
(B) has engaged in prostitution;
(C) directly or indirectly procures, attempts to
procure, or has attempted to procure or import persons for the purpose of
prostitution or for any other immoral sexual purpose;
(D) is or has been supported by, or has received
in whole or in part, the proceeds of prostitution; or
(E) is engaging in any other unlawful commercial
vice whether or not it relates to prostitution.
History: 1984, PL
18-52 § 2; 2002, PL 27-28.
41.0406 Rights-Adopted
children.
(a) Children legally adopted by American Samoans
shall have the same rights as American Samoans under the immigration laws,
provided:
(1) the child was lawfully admitted and is residing
in
(2) the child is 12 years of age or younger at the
time of adoption and has been living with its adopted parents for 5 years.
(b) Any other adopted persons must apply to the
Board for permission to remain.
History: 1984, PL 18-52 § 2.
41.0407 Loss of status upon
which entry or stay was based.
(a) When any person ceases to hold the professional,
business, employment, matrimonial or other status which entitled him under the
provisions of this title or the rules of the Board to enter or remain in
American Samoa, he shall for the purposes of this title, be deemed to be a person
seeking to enter American Samoa from the date when he ceases to hold such
status.
(b) If the person has not notified the Attorney
General within 15 days of his change of status, his presence and the presence
of his family and dependents in
History: 1984, PL 18-52 § 2.
Case Notes:
When a person loses the status which
entitled him to enter or remain in the territory, he has no further right to
remain indefinitely. A.S.C.A. §
41.0407. Rakhshan v. Immigration Board
(Mem.), 13 A.S.R.2d 25 (1989).
41.0408 Sponsors for persons
permitted to remain.
(a) Every person who applies for permission from
the Board to remain in
(b) The following persons are eligible to act as
sponsor:
(1) all American Samoans, and nationals of the
(2)
any partnership or corporation authorized to do
business in
(c)
Persons sponsoring aliens for domestic purposes shall comply with the following
requirements:
(1) Persons may be sponsored for the purpose of
domestic work, including agricultural labor, provided the Board is satisfied of
the need for the domestic help and of the lack of permanent residents for such
employment and the person is within the numerical limitations established in
chapter 03. No person may sponsor more than one person for domestic work unless
it is clearly established to the satisfaction of the Board that more than one
domestic worker is necessary by reason of age or infirmity of the sponsor or a
member of his family, and no person may sponsor more than one person for
agricultural work unless the Board is satisfied that the sponsor needs the
additional workers and can afford their care in all ways while they are in
American Samoa;
(2) Where a person sponsors more than
one alien for domestic or agricultural work without approval of the Board
gained after satisfaction of the foregoing criteria, the additional aliens
shall be subject to termination of sponsorship and deportation from the
territory;
(3) All aliens sponsored for
domestic or agricultural purposes shall reside with their sponsors. Failure to comply shall be grounds for
termination of sponsorship and deportation.
(d) Persons may be sponsored for purposes of other
employment provided the Board is satisfied of the need and of the lack of
permanent residents for such employment, and the person is within the numerical
limitations established in chapter 03.
The Board furthermore shall have the right to limit the number of aliens
sponsored for other employment by a sponsor as dictated by the circumstances.
(e) A sponsor shall be responsible for all medical
bills, taxes, transportation, to the alien’s native country, educational costs,
legal expense of the public defender, and other public debts of the alien and
dependents.
(f) Any person sponsoring another must reside in
(g) A sponsor may revoke his sponsorship or
terminate the employment of any person sponsored by giving written notice to
the Board and to the person sponsored.
(h) Sponsorship
of persons may be transferred from one employer to another provided the board
is satisfied of the need and of the lack of permanent residents for such
employment.
(i) Unless otherwise noted, persons who are in
(j)
Persons
who are in
(k) Should an alien have a case pending against
his or her sponsor, the alien may remain in
History: 1984, PL 18-52 § 2; amd 1988 PL 20-56; amd 2004,
PL 28-16.
Case Notes:
Alien
whose sponsor had moved out of the territory was left without a sponsor and
would appear to have had the right to remain in the territory for only ten
days. A.S.C.A. § 41.0408(I). Rakhshan v. Immigration Board (Mem.), 13
A.S.R.2d 25 (1989).
Although
the Immigration Board may revoke a sponsorship without a sponsor’s permission,
no statutory provision requires it to approve a sponsorship’s termination or
give it the power to impose conditions on a sponsorship’s termination. A.S.C.A. § 41.0408(f), (g). Farapo v.
Because a sponsor need not give the
reasons for revoking a sponsorship, aliens facing deportation are not entitled
to access to the Immigration Board’s confidential documents in order to
determine if the sponsorship was revoked for the “wrong reasons.” A.S.C.A. § 41.0408(g). Farapo v.
41.0409 Foreign investor entry permits.
(a)
The Attorney General or his designee, at his
discretion, may issue to individual applicants for a certificate of foreign
investment pursuant to section 27.2301 et seq., special entry permits. These permits allow unrestricted access into
and departure from the Territory for a period of time set by the Attorney
General of his designee not to exceed one year per permit.
(b)
The special entry permit vests no rights in the
holder to establish or attempt to establish citizenship, nationality or
permanent residence in the Territory.
(c)
Applicants shall apply to the immigration office
for issuance of the special entry permit and must provide proof or prior
submission of or intent to immediately submit an application for a certificate
of foreign investment pursuant to section 27.2601 et seq. The applicant must leave on the date of
expiration of the entry permit and re-apply for a new entry permit. In no case may an entry permit extend more
than 25 days beyond the calendar date of the statutory deadline for the final
decision of the director on the application for a certificate of foreign
investment.
(d)
Any entry permit may include the spouse of an
applicant and not more than 2 other persons whose skills or knowledge is
necessary to the enterprise.
(e)
Permits authorized under this section shall not
be issued to applicants after the date of approval of a certificate of foreign
investment. Persons must apply for
permits for residence pursuant to the provisions of section 41.0801 et seq.
History: 1988, PL 20-56;
amd 1991, PL 22-11.
41.0410 Employment of
aliens-Penalty.
(a) No person may knowingly employ any alien
without written approval of the Board before the person commences work.
(b) No alien may seek employment or become
employed without prior written approval of the Board.
(c) If after a hearing the Board finds that any
person has been guilty of a violation of subsection (a), or (b), he shall be
subject to a fine as follows:
(1) first offense, $500 per person employed
illegally; $1,000 per person employing a person illegally;
(2) second offense, $1,000 per person employed
illegally; $3,000 per person employing a person illegally;
(3) third or more offenses, $2,000 per person
employed illegally; $6,000 per person employing a person illegally.
(d) The fines levied by the Board pursuant to
subsection (c) shall be paid to the treasurer of
(e) Any employee violating this section on the
first offense is guilty of a class B misdemeanor, and on the second or more
offenses is guilty of a class A misdemeanor.
(k) Any
employer violating this section is guilty of a class A misdemeanor.
(g) Violation of this section by aliens shall be
a deportable offense in addition to fines.
History: 1984, PL
18-52 § 2.
Chapter 05
Sections:
41.0501 Ports of entry.
41.0502 Entry
requirements.
41.0503 List of passengers and bill of health required.
41.0504 Advance notice of arrival required.
41.0505 Payment
of government personnel after working hours.
41.0506 Discharge of crewman.
41.0507 Inspection of persons seeking entry.
41.0508 Temporary
removal of persons upon arrival.
41.0509 Oaths, and taking of evidence, regarding entry.
41.0510 Arrest
without a warrant.
41.0511 Boarding
and searching of vessels and aircraft without a warrant.
41.0512 Search,
without a warrant, of persons and their personal effects.
41.0513 Departure clearance.
41.0514 Violation
of 41.0503 to 41.0505-Penalty.
41.0501 Ports of entry.
(a) No person may enter
(b) Although the only authorized ports of entry
into
History: 1984, PL 18-52 §
2.
41.0502 Entry requirements.
(a) No person may enter
(1) A national of the
(A) a round trip ticket to his point of origin or
onward passage to a destination beyond
(B) proof of employment and assignment to
(2) Military personnel and their dependents must
have valid military identification cards, official military orders or leave
authorization form from their respective branch of the United States Military.
(3) A tourist or business person must:
(A) have in his possession a valid passport or
other travel document issued by competent authority authorizing him to return
to the country from which he came or to enter some other country: the passport
or travel document should be valid at the time of entry, and should contain
either a photograph or fingerprint of the holder;
(B) have in his possession a round-trip ticket to
his point of origin or onward passage to a destination beyond
(C) comply with any current requirements of the
public health officer;
(D) a tourist or business person may stay up to 30
days and with approval of the Attorney General or his designee may stay an
additional 30 days; however, the filing of an application for an alien
registration card pursuant to 41.0303 shall not entitle an alien arriving in
American Samoa under subsection (D) to extensions of stay beyond 60 days after
original entry into the Territory.
(4) All permanent residents of
(5) All members of a crew of a vessel or aircraft
in transit as certified by their employer may remain in
(6) All government employees and their dependents
must furnish proof of government employment and assignment to
(7) All other persons must furnish such documents
as required by the Board unless otherwise provided herein.
(b) The Board may by regulation create such
additional requirements for any of the categories set forth in subsection (a)
as it finds necessary for the administration of this chapter.
(c) All persons are required to comply with the
requirements of this chapter within 24 hours after arrival.
(d) All aliens must have valid identification with
them at all times.
History: 1984, PL 18-52 § 2;
amd 1988, PL 20-56; amd 2006, PL 29-23.
41.0503 List of passengers
and bill of health required.
The
master or pilot of every vessel or plane arriving in
History: 1984, PL 18-52 § 2.
41.0504 Advance notice of
arrival required.
The
agent or owner of any ship other than aircraft due to arrive in American Samoa
shall give to the Immigration Office at least 24 hours advance notice of
arrival.
History: 1984, PL 18-52 § 2.
41.0505 Payment of
government personnel working after hours.
Any
vessel or aircraft arriving or departing before or after the normal hours as
established by the Attorney General shall pay for the service of all government
officers required to clear the vessel or aircraft.
History: 1984, PL 18-52 § 2;
2003, PL 28-7.
41.0506 Discharge of
crewman.
No
person, including the owner, agent, charterer, master or commanding officer of
any vessel or aircraft, may pay off or discharge any non-American Samoan
crewman employed on Board a vessel or aircraft arriving in American Samoa
without first having obtained consent of the Attorney General in writing.
History: 1984, PL 18-52 § 2.
41.0507 Inspection
of persons seeking entry.
(a) The inspection, other than the physical and
mental examination, of persons seeking admission or readmission to or the
privilege of passing through
(b) Any
person whose right to enter or remain in American Samoa is in question may be
required to deposit his passport or travel documents upon the inspecting
officer’s request, and the officer may retain the passport or travel documents
until the person leaves American Samoa.
(c) Any immigration officer authorized under
regulations prescribed by the Attorney General shall have power without warrant
to interrogate any person believed on reasonable suspicion based on articulable
facts to be an alien as to his right to be or to remain in
History: 1984, PL 18-52 § 2.
41.0508 Temporary removal of
persons upon arrival.
(a) Upon the arrival, at a port in
(b) So long as the removal lasts, the owner of the
vessel or aircraft shall be relieved from responsibility for the safety of the
persons removed. The owner may, however, with the approval of the Attorney
General, assume responsibility for the safety and well being of persons
removed if he guarantees the removal to a designated place for examination and
inspection. When this occurs, the removal need not be made by an immigration
officer.
(c) The owner of the vessel, aircraft or transportation
line shall pay all expenses of the removal to a designed place for examination and
inspection. He shall also pay all expenses arising during any subsequent
detention, pending a decision on the person’s eligibility to enter
(d) No expenses incident to detention may be
assessed against the owner of the vessel, aircraft or transportation line in
the case of any person who arrived in possession of a valid entry permit and
who is finally admitted to stay in
History: 1984, PL 18-52 § 2.
41.0509
Oaths, and
taking of evidence, regarding entry.
(a) The Attorney General and any immigration
officer may administer oaths and take and consider evidence of or from any
person concerning the privilege of any person he believes or suspects to be
seeking to enter, pass through or reside in American Samoa, or concerning any
matter which is material and relevant to the enforcement of this chapter, and,
where action may be necessary, to make a written record of the evidence.
(b) Any person coming into American Samoa may be
required to state under oath at any time the purpose or purposes for which he
comes, the length of time he intends to remain in American Samoa, whether or
not he intends to remain in American Samoa permanently, and any other items of
information that will aid in determining whether he is entitled to remain in
American Samoa.
History: 1984, PL 18-52 § 2.
41.0510 Arrest without a
warrant.
(a) Any immigration officer shall have power
without warrant to interrogate any alien or person believed to be an alien as
to his right to be or to remain in
(b) Any immigration officer may arrest without a
warrant any alien who in his presence or view is entering or attempting to
enter American Samoa in violation of any law or regulation made in pursuance of
law regulating the admission, exclusion or expulsion of aliens, and may arrest
any alien in American Samoa if he has reason to believe that the alien is in
American Samoa in violation of any such law or regulation and is likely to
escape before a warrant can be obtained for his arrest.
(c) The person making the arrest without a warrant
in accordance with this section shall immediately thereafter make an affidavit
and apply to a member of the Board for an order of arrest and commitment, until
the Board’s next meeting, of the person under arrest.
History: 1984, PL 18-5 2 § 2.
41.0511 Boarding and
searching of vessels and aircraft without a warrant.
Any
immigration officer may, without a warrant, board any vessel within the
Territorial waters of
History: 1984, PL 18-52 § 2.
41.0512 Search, without a warrant, of persons and their personal effects.
Any
officer or inspector of the immigration division authorized and designated
under regulations prescribed by the Attorney General may conduct a search,
without a warrant, of any person, and of the personal effects in the
possession of any person seeking admission to American Samoa if the officer or
inspector has reasonable cause to believe that grounds for exclusion under this
chapter exist and would be disclosed by the search.
History: 1984, PL 18-52 § 2.
41.0513 Departure clearance.
(a) All
persons departing from
(b)
The Treasurer may grant a clearance only after payment of any indebtedness to
the Government of that person, his spouse or children, and the Chief of Police
may grant a clearance only after he is satisfied that the person is not
charged with a crime or awaiting sentencing for conviction of a crime.
(c) If a person attempts to depart from
(d) As used in this section, “departing” does not
mean leaving
History: 1984, PL 18-52 § 2.
41.0514 Violation of 41.0503
to 41.0505-Penalty.
Any
person violating 41.0503 to 41.0505 shall be sentenced as for an infraction.
History: 1984, PL 18-52 § 2.
Sections:
41.0601 Voluntary departure.
41.0602 Immediate
deportation-Exception.
41.0603 Persons
responsible for expenses.
41.0604 Responsibilities of vessel and aircraft
owners.
41.0605 Deportation hearing.
41.0606 Failure
to attend proceedings.
41.0607 Proceedings
before the Board.
41.0608 Presentation
of evidence.
41.0609 Filing of decision.
41.0610 Arrest-Detention-Release.
41.0611 Revocation of bond or parole.
41.0612 Custody of deportees.
41.0613 Reentry
by deportees.
41.0614 Procedure exclusive.
41.0615 Excludable
persons.
41.0616 General classes of deportable aliens.
41.0617 Hardship
cases.
41.0601 Voluntary
departure.
Deportation
proceedings, including the issuance of a warrant of arrest and a finding of deportability
under 41.0601 through 41.0617, are not required in the case of any person who
admits being deportable because he has remained beyond the time allowed under
this title or granted by the Board if that person voluntarily departs from
History: 1984, PL 18-52 § 2.
41.0602 Immediate
deportation when-Exception.
Any
person leaving in American Samoa who is excluded under this title by virtue of
failing to have the necessary entry documents as required by 41.0502 shall be
immediately deported to the place from where he came, in accommodations of the
same class in which he arrived, on the vessel or aircraft bringing him unless
the Attorney General, in an individual case, in his discretion, concludes that
immediate deportation is not practicable or proper. Any person violating this
section shall be sentenced as for an infraction.
History: 1984, PL 18-52 § 2.
41.0603 Persons responsible
for expenses.
(a)
The cost of the maintenance, including detention expenses and expenses incident
to detention, as well as the transportation expense of deportation from
(b) If the vessel or aircraft in which the person
arrived has left
History: 1984, PL 18-52 § 2.
41.0604 Responsibilities of
vessel and aircraft owners.
(a)
The owner of any vessel or aircraft may not:
(1)
refuse to receive any person ordered deported under this chapter back on Board
the vessel or aircraft or another vessel or aircraft owned or operated by the
same interests;
(2)
fail to detain any person on Board the vessel or aircraft when required by this
title to do so;
(3)
fail or refuse to pay the costs of maintaining a person being detained as
required by this chapter;
(4) fail or refuse to remove a deported person
from
(5)
knowingly bring into
(b) It
shall be the duty of every person, including the owners, masters, captains,
officers, and agents of vessels or aircraft bringing an alien to, or providing
a means for an alien to come to, American Samoa to prevent the landing of such
alien in American Samoa at a point of entry other than as designated by the
Attorney General or at any time or place other than as designated by the
immigration officers.
(c) It
shall be the duty of every person, including the owners, masters, captains,
officers, and agents of vessels or aircraft bringing an alien to, or providing
a means for an alien to come to, American Samoa to prevent the landing of such
person in American Samoa without the required documents listed in 41.0502
A.S.C.A., unless otherwise relieved of such duty in writing by the Attorney
General.
(d) Any such person, owner, master, captain,
officer or agent who fails to comply with the foregoing requirements shall be
liable for a penalty to be imposed by the Attorney General of up to $1,000 for
each such violation. Such penalty shall be a lien upon the vessel or aircraft
whose owner, master, officer, or agent violates the provisions of this section,
and such vessel or aircraft may be libeled therefor in the High Court of
American Samoa.
History: 1984, PL 18-52 § 2; amd 1987, PL 20-18 § 1.
Amendments: 1987
Subsections (b), (c) and (d): added.
41.0605 Deportation hearing.
The
Board shall conduct proceedings under this chapter to determine the
deportability of any person. Determination of deportability shall be made only
upon a record made in a proceeding before the Board and the person shall have a
reasonable opportunity to be present unless by reason of the person’s incompetency
it is impractical for him to be present; in which case the Board shall
prescribe the necessary and proper safeguards for his rights and privileges.
History: 1984, PL 18-52 § 2.
41.0606 Failure to attend
proceedings.
If any
person has been given a reasonable opportunity to be present at a proceeding
under this chapter and without reasonable cause fails or refuses to attend or
to remain in attendance, the Board may proceed to a determination in a like
manner as if the person were present.
History: 1984, PL 18-52 § 2.
41.0607 Proceedings before
the Board.
(a) Proceedings before the Board shall be in accordance with such
rules, not inconsistent with this title, as the Board shall prescribe. The
rules shall include requirements that:
(1)
the person be given such notice as is reasonable under all the circumstances
of the nature of the charges, against him and the time and place of the
proceedings;
(2)
the person have the privilege of being represented by such counsel as he shall
choose;
(3)
the person have a reasonable opportunity to examine the evidence against him,
present evidence on his own behalf and cross-examine witnesses; and
(4) no
decision of deportability be valid unless it is based upon reasonable,
substantial and appropriate evidence.
(b)
The Board need not adhere to strict rules of evidence.
History: 1984, PL
18-52 § 2.
Case Notes:
Aliens facing deportation hearings are
to be given notice which is “reasonable under the circumstances.” A.S.C.A. §§
41.0205(7)(a), 41.0607(a)(1). Farapo v.
The Immigration Board’s merely
announcing a sponsorship’s termination fails to meet the notice requirements
for a deportation hearing, as the notice must include the time and place of the
hearing. A.S.C.A. §§ 41.0205(7)(a),
41.0607(a)(1). Farapo v.
41.0608 Presentation
of evidence.
When
the Board believes it will aid in making a determination, it may request the
Attorney General or require specifically or by regulation that some person be
assigned to present the evidence on behalf of the government and that person
may then present evidence, interrogate, examine and cross-examine the parties
or witnesses in the proceedings.
History: 1984, PL 18-52 § 2.
41.0609 Filing of decision.
When a
person is ordered deported under this chapter, the decision of the Board shall
be filed in such manner as the Board may by rule prescribe.
History: 1984, PL 18-52 § 2.
41.0610 Arrest-Detention-Release.
(a)
Pending a determination of any person’s deportability, the Attorney General may
order his arrest and detention.
(b)
Any person taken into custody may, in the discretion of the Attorney General,
pending a final determination of deportability:
(1) be continued in custody;
(2) be released under a bond for an amount not
less than the cost of one-way transportation to the country, from where he came
plus $100, with security approved by the Attorney General, and containing such
conditions as the Attorney General may prescribe;
(3) be
released on conditional parole.
History: 1984, PL 18-52 § 2.
41.0611 Revocation of bond or
parole.
The
bond or parole may be revoked at any time by the Attorney General in his
discretion and the person returned into custody under the warrant which
initiated the proceedings against him and detained until final determination of
the deportability.
History: 1984, PL 18-52 § 2.
41.0612 Custody of
deportees.
All
persons ordered deported by the Board shall be deemed to be in the custody of
the Chief of Police of American Samoa from and after the finding by the Board
and may be detained by the Attorney General pursuant to 41.0610.
History: 1984, PL 18-52 § 2.
41.0613 Reentry by
deportees.
(a)
Any person ordered deported by the Board for remaining in
(b)
Any person ordered deported for any reason other than set forth in subsection
(a) is prohibited from reentering
(c)
Any person remaining in
(d)
The Board may impose such other conditions on reentry as are warranted by the
circumstances of each case.
History: 1984, PL 18-52 § 2.
Case Notes:
Persons deemed deportable under the
immigration statute are almost invariably deemed excludable from readmission;
but in many circumstances, they be readmitted at the discretion of
History: 1984, PL 18-52 § 2.
41.0614 Procedure exclusive.
The
procedure prescribed in this chapter shall be the sole and exclusive procedure
for determining deportability of any person under this chapter; provided,
however, that nothing in this title is intended to deny or restrict the
authority of the High Court of American Samoa to require an alien to depart and
remain outside of American Samoa during part or all of an otherwise lawful term
of probation, pursuant to an otherwise lawful order of civil or criminal
commitment.
History: 1984, PL 18-52 § 2;
amd 1991, PL 22-1.
Case
Notes:
In a criminal case, a court may require
a defendant to leave the territory as a condition of probation and may impose
other probationary conditions reasonably related to the purposes of probation
beyond those conditions enumerated in the statute. A.S.C.A. §§ 41.0614, 46.2205.
Filing of a petition for review of an Immigration Board decision does not automatically stay a final order of deportation made by the Board. A.S.C.A. § 41.0646. Leti v. Immigration Board, 8 A.S.R.2d 107 (1988).
41.0615 Excludable persons.
Except
as otherwise provided in this title, the following classes of persons not
permanent residents are excluded from admission into
(1) mentally retarded persons;
(2)
insane persons;
(3)
persons who have had one or more attacks of insanity;
(4)
persons affected with psychopathic personality, or sexual deviation, or a
mental defect;
(5)
narcotic drug addicts and alcoholics;
(6)
persons having any contagious disease;
(7)
persons who are paupers, professional beggars, or vagrants;
(8)
convicted felons;
(9)
persons who have been convicted of 2 or more crimes regardless of whether the
conviction was in a single trial or whether the offense has arisen from a
single scheme of misconduct and regardless of whether the offense involves
moral turpitude;
(10) persons who have been convicted of a crime
involving moral turpitude or admit having committed such a crime, or admit
committing acts which constitute the essential elements of such a crime; except
persons who have committed only one such crime while under the age of 18 years
unless the crime resulted in confinement in a prison or correctional
institution;
(11) persons who are polygamists, practice polygamy
or advocate the practice of polygamy;
(12)
persons who:
(A) are prostitutes;
(B) have engaged in prostitution;
(C) are coming into
(D) directly or indirectly procure, attempt to
procure or have procured. Or have attempted to procure or import persons for
the purpose of prostitution or for any other immoral sexual purpose;
(E) Are or have been supported by, or have
received in whole or in part, the proceeds of prostitution;
(F) Are coming into
(13) Persons
who, in the opinion of the Board at the time of application for admission, are
likely at any time to become public charges;
(14) Persons
who have been previously excluded from admission or deported and who again
seek admission within the time prohibited by law or regulation of the Board;
(15)
stowaways;
(16)
persons who seek to or have procured a visa or other documentation, or seek to
enter the
(17)
except as otherwise specifically provided in this title, any person who at the
time of entry into American Samoa is not in possession of a valid entry
document as required by this title and rules issued by the Board;
(18) any person accompanying another person ordered to be excluded or
deported and certified to be helpless from sickness or mental or physical
disability or infancy, whose protection or guardianship is required by the
helpless person;
(19)
any person who at any time shall have knowingly and for gain encouraged,
induced assisted, abetted or aided any other person to enter or try to enter
(20)
persons who advocate or teach, or are members of or affiliated with any
organization that advocates or teaches the overthrow by force, violence or
other unconstitutional means, of the Government of the United States or the
Government of American Samoa;
(21) persons who have stayed beyond the time allowed
in their entry permit or granted by the Board;
(22) persons who have violated any provision of this
title or regulation of the Board, in addition to any other penalty which may
be imposed under any provision of the law;
(23) any person who has issued against him a valid
warrant of arrest issued by competent legal authority of any country or territory
of which the person is a citizen;
(24) persons who are not American Samoans and who
have accepted voluntary departure in lieu of deportation, exclusion or arrest
or who have been deported or excluded by the United States.
History: 1984, PL 18-52 § 2; amd 1987, PL 20-18 § 2.
Amendments: 1987 Subsection (18): replaced
“and” with “or” after “excluded”.
Subsection (24): added.
Case Notes:
A
person who has been “convicted of a crime involving moral turpitude committed
within 5 years after any entry” is deportable; if he were outside the
territory, he would be excludable as a convicted felon. A.S.C.A. §§ 41.0615(8), 41.0617(4).
Persons
deemed deportable under the immigration statute are almost invariably deemed
excludable from readmission; but in many circumstances, they be readmitted at
the discretion of
41.0616 General classes of deportable aliens.
Any
aliens in
(1) at
the time of entry was within one or more of the classes of persons excludable
by the law existing at the time of such entry;
(2) entered
(3) hereafter, within 5 years after any entry,
becomes institutionalized at public expense because of mental disease, defect
or deficiency unless the person can show that such disease, defect, or
deficiency did not exist prior to his admission to
(4) is convicted of a crime involving moral turpitude
committed within 5 years after any entry and either sentenced to confinement or
confined therefor in a prison or corrective institution, for a year or more, or
who at any time after entry is convicted of 2 crimes involving moral turpitude
not arising out of a single scheme or criminal misconduct, regardless of
whether confined therefor and regardless of whether the convictions were in a
single trial;
(5)
has failed to comply with the provisions of 41.0308 unless he establishes to
the satisfaction of the Attorney General that such failure was reasonably
excusable or was not willful, or has been convicted under 41.0311, 41.0312,
41.0313, or 41.0314;
(6)
is, or hereafter at any time after entry has been, a narcotic drug addict, or
who at any time has been convicted of a violation of, or a conspiracy to
violate, any law or regulation relating to the illicit possession of or traffic
in narcotic drugs or marijuana, or who has been convicted of a violation of, or
a conspiracy to violate, any law or regulation governing or controlling the
taxing, manufacture, production compounding, transportation, sale, exchange,
dispensing, giving away, importation, exportation or the possession for the
purpose of the manufacture, production, compounding, transportation, sale,
exchange, dispensing, giving away, importation, or exportation of opium, coca
leaves, heroin, marijuana, any salt derivative or preparation of opium or coca
leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate;
(7) by
reason of any conduct, behavior or activity at any time after entry became a
member of any of the classes specified in 41.0615(12); or is or at any time
after entry has been a manager, or is or at any time after entry has been
connected with the management, of a house of prostitution or any other immoral
place;
(8) at any time, shall have, knowingly and for gain, encouraged, induced, assisted,
abetted, or aided any other person to enter or to try to enter American Samoa
in violation of law;
(9) at any time after entry, shall have been
convicted of possessing or carrying in violation of any law any weapon which
shoots or is designed to shoot automatically or semi-automatically more than
one shot without manual reloading, by a single function of the trigger, or a
weapon commonly called a sawed-off shotgun;
(10)
at any time within 10 years after entry, shall have been convicted of violating
a provision of this title;
(11) at any time after entry, shall have been
convicted more than once of violating the provisions of this title;
(12)
seeks to procure or has procured a visa or other documentation or seeks to
enter or remain in the
(13)
accompanies another person ordered to be excluded or deported and certified to
be helpless from sickness or mental or physical disability or infancy, whose
protection or guardianship is required by the helpless person;
(14)
advocates or teaches, or is a member
of or is affiliated with any organization that advocates or teaches the
overthrow by force, violence or other unconstitutional means, of the government
of the United States or the government of American Samoa;
(15) has stayed beyond the time allowed in his
entry permit or granted by the Board;
(16) has violated any provision of this
title or regulation of the Board, in addition to any other penalty which may be
imposed under any provision of the law;
(17) has issued against him a valid warrant of
arrest issued by competent legal authority of any country or territory of which
the person is a citizen;
(18) enters for a 30 day visit pursuant to 41.0502
and who is employed without approval or is not within the numerical limitations
of chapter 03 of this title;
(19)
is fined by the Immigration Board three times or more for being employed
illegally pursuant to 41.0409 A.S.C.A.;
(20)
at any time shall have, knowingly and for gain encouraged, induced, assisted,
abetted or aided any other person to enter or try to enter
History: 1984, PL 18-52 § 2;
amd 1987, PL 20-18 § 3.
Amendments: 1987 Subsection (2):
added “is” before “in
Subsections (3) and (4): added “any” before “entry”.
Subsection (7): added “or” between “is” and “at any time”.
Subsection (8): replaced language to make provisions apply “at any tune”
and replaced “alien” by “person”.
Subsection (10): replaced “5” with
“10”.
Subsections (12) through (20):
added.
Case Notes:
Alien who requires status or
condition which would be grounds for exclusion if present before entry does not
automatically become grounds for deportation if acquired after entry. Sala Falelua v. Immigration Board of
Under territorial immigration statute,
the Immigration Board determines only whether an alien is deportable; the
decision actually to deport a deportable alien is within the discretion of the
Attorney General. A.S.C.A. §
41.0616. Keti v. Immigration Board, 8
A.S.R.2d 107 (1988).
Alien may be deported on the ground of
being the object of a valid foreign arrest warrant only when the warrant is
issued by his country of citizenship 15 A.S.R.2d A.S.C.A. § 41.0616(17). Rakhshan v. Immigration Board, 15
A.S.R.2d 29 (1990).
Order of deportation must be made by the
Attorney General. A.S.C.A. §
41.0616. Rakhshan v. Immigration
Board, 15 A.S.R.2d 29 (1990).
Criminal convictions are proper grounds
for deportation. A.S.C.A. § 41.0616(4),
(6), (9), (10), (11), (16); 8 U.S.C. § 1251(a)(5)m (11), (14), (15), (16.
Persons deemed deportable under the
immigration statute are almost invariably deemed excludable from readmission;
but in many circumstances, they be readmitted at the discretion of
Filing of a petition for review of an Immigration Board decision does not automatically stay a final order of deportation made by the Board. A.S.C.A. § 41.0646. Leti v. Immigration Board, 8 A.S.R.2d 107 (1988).
41.0617 Hardship cases.
(a) An excludable or deportable non-American
Samoan may be issued permission to remain in American Samoa if it is
established to the satisfaction of the Board that he or she is a spouse of a
person lawfully admitted for permanent residency, or that he or she is a child
(including a minor, unmarried, adopted child) of a person lawfully admitted for
permanent residency and that the exclusion of the spouse or child will result
in extreme hardship to the lawful resident of his or her spouse, parent, son or
daughter and the admission will not be contrary to the safety or security of
American Samoa.
(b) The Board may impose such conditions and
procedures as it deems advisable or necessary in granting resident status under
subsection (a).
History: 1984, PL 18-52 § 2.
Case
Notes:
A
person who h as been “convicted of a crime involving moral turpitude committed
within 5 years after any entry” is deportable; if he were outside the
territory, he would be excludable as a convicted felon. A.S.C.A.
§ 41.0615(8), 41.0617(4).
GENERAL
PENALTY PROVISION
Sections:
41.0701 False or misleading
statements.
41.0702 Alteration of permits.
41.0703 Obstructing, resisting or
misleading officers.
41.0704 Use or
possession of forged, altered, irregular, or other person’s document.
41.0705 Harboring
or assisting unlawful entrants.
41.0706 Failure
to comply with notice.
41.0707 Violations
not specifically provided for.
41.0708 Illegal presence.
41.0709 Stowaways.
41.0701 False or misleading
statements.
Any
person who, for the purpose of obtaining for himself or for any other person or
of assisting any other person to obtain any permit, exemption or other
advantage under this title, or, with intent to deceive any immigration officer,
makes any oral declaration or makes or causes or omits to make or cause to be
made any statutory declaration, return, statement, application or other writing
which he knows or has reasonable cause to believe to be false or misleading, shall
upon conviction be guilty of a class A misdemeanor and sentenced accordingly.
History: 1984, PL 18-52 § 2.
41.0702 Alteration of permits.
Any
person who, otherwise than with the authority of the Attorney General alters,
or knowingly defaces, any permit made under or in pursuance of the provisions
of this title or any official or certified copy of any such permit shall upon
conviction be guilty of a class A misdemeanor and sentenced accordingly.
History: 1984, PL 18-52 § 2.
41.0703 Obstructing,
resisting or misleading officers.
Any
person who resists, hinders or obstructs any immigration officer or other or
person in the lawful execution of his duty or powers under this title, or
knowingly misleads or attempts to mislead any immigration officer in relation
to any matter material to the performance or exercise by the immigration
officer of any duty, function, power or discretion under this title, shall upon
conviction be guilty of a class A misdemeanor and sentenced accordingly.
History: 1984, PL 18-52 § 2.
41.0704 Use or possession of forged, altered, irregular, or other
person’s documents.
Any
person who unlawfully uses or without lawful authority has in his possession
any forged or unlawfully altered birth certificate, marriage certificate or
other document purporting to establish age, status or identity, or knowingly
uses or has in his possession any unlawfully issued or otherwise irregular
permit or other document issued or purported to have been issued under this
title, or uses any certificate, permit or exemption issued to or in respect of
any other person as if it had been issued to or in respect of himself, shall
upon conviction be guilty of a class C felony and sentenced accordingly.
History:
1984, PL 18-52 § 2.
41.0705 Harboring or
assisting unlawful entrants.
Any
person who harbors or assists any person whom he knows or has reasonable cause
to believe to be a person whose presence in
History: 1984, PL 18-52 § 2.
41.0706 Failure to comply
with notice.
Any
person who refuses or fails to comply with any notice issued to him under the
provisions of this title or any rules made hereunder with which he is required
by this title or such rules to comply, shall upon conviction be guilty of a
class A misdemeanor and sentenced accordingly.
History: 1984, PL 18-52 § 2.
41.0707 Violations not
specifically provided for.
Any
person violating any provision of this title the violation of which is not
specifically provided for by this title shall upon conviction be guilty of a
class B misdemeanor and sentenced accordingly.
History: 1984, PL 18-52 § 2.
41.0708 Illegal presence.
(a) A person commits the crime of illegal presence
if he is present in
(b) Illegal presence is a class A misdemeanor.
History: 1985, PL 19-14 § 1.
41.0709 Stowaways.
(a) A person commits the crime of stowing away if
he conceals himself on Board any vessel or aircraft in order to obtain
unauthorized passage from or to
(b) Stowing away is a class C felony.
History: 1985, PL 19-14 § 2.
Chapter 08
FOREIGN
INVESTORS ENTRY PERMITS
Sections:
41.0801 Definitions.
41.0802 Application-Fees and
documentation required.
41.0803 Foreign investor entry permits.
41.0804 Issuance, denial, terms.
41.0805 Revocation of foreign investor entry permits.
41.0806 Rules and forms.
41.0801 Definitions.
As used in this chapter, unless
the context clearly indicates otherwise:
(a)
“Foreign Investment” means the investment made by
a foreign investor in an enterprise in
(b)
“Foreign Investor” means any natural person
without
(c)
“Attorney General” means the Attorney General of
American Samoa.
(d)
“Director” means the Director of Development
Planning.
(e)
“Eligible for a foreign investor entry permit”
means a foreign investor who has proof that he or she is participating in a
foreign investment that has been approved for, or been granted, a certificate
of foreign investment.
(f)
“Family” means the spouse and not more than two
biological dependent children or dependent children by legal adoption,
effective one year prior to the date of the application for a foreign investor entry
permit, of a person participating in an enterprise for which an application for
a certificate of foreign investment has been approved.
History: 1988, PL
20-56.
41.0802 Application-Fees and documentation required.
(a)
An applicant for a foreign investor entry permit
shall provide to the Attorney General:
(1)
a non-refundable application fee of $500 (five
hundred U.S. dollars) for an accepted participant in an enterprise granted a
certificate of foreign investment, which includes the spouse and two dependent
children;
(2)
name, present address at both residents and
business, and any telephone, telex, or facsimile numbers;
(3)
a certified copy of the birth certificate of the
applicant, the spouse and dependent children;
(4)
a sworn statement of the applicant's educational
background and achievements, and employment and business background;
(5)
three reference letters of good character from
non-relatives;
(6)
a certificate of good health of the applicant,
his spouse and dependent children;
(7)
evidence of present citizenship of the applicant,
the spouse and dependent children;
(8)
a background report by an acceptable
international investigate agency;
(9)
a financial report certified by a registered and
certified public accounting firm;
(10)
evidence that applicant has made available or
obtained the financing for an investment of at least $1,000,000 (one million
U.S. dollars) for an individual enterprise that has received an approval
letter, pursuant to section 27.2608, for a certificate of foreign investment in
American Samoa, with such investment already placed in escrow in American Samoa
in a designated, suitably insured, financial banking institution; or evidence
that the applicant has already invested at least $250,000 (two hundred fifty
thousand U.S. dollars) in a bona fide corporation or partnership capitalized at
no less than $5,000,000 (five million U.S. dollars) registered in American
Samoa with an approval letter for a certificate of foreign investment;
(11)
six passport-sized photographs, two of which will
be endorsed on the back with the words.
"This is a true photograph of (name of applicant)" and signed
by the applicant; the same is required of the applicant's spouse and dependent
children; and
(12)
three original specimens of applicant's
signature.
History: 1988, PL 20-56; amd 1991, PL 22-11.
41.0803 Foreign investor entry permits-Issuance, denial, terms.
(a)
Notwithstanding any other law, the Attorney
General or his designee may issue a foreign investor entry permit to any
foreign investor, the spouse and two dependent children in his family as
defined in section 41.0801(f):
(1)
who presents to the Attorney General current
proof of participation in an enterprise granted a certificate of foreign
investment; and
(2)
who represents a currently valid passport for the
investor and any member of the immediate family seeking such permit.
(b) The foreign investor entry
permits allow the holders the following rights and privileges: entry and exit, of any frequency or duration,
to and from
(c) The foreign investor entry
permit shall be valid for one year and shall be renewable each subsequent year
as long as the approved enterprise is in operation and all other requirements
remain satisfied, subject to revocation upon the conditions specified by law or
rule.
The Attorney General or his designed shall review every application and
either issue or deny the foreign investor entry permit within 15 days following
receipt of a complete application.
(f)
In the event the Attorney General or his designee
denies the application for a foreign investor entry permit, he shall state and
include the reason for the denial in writing in a communication delivered to
the applicant. The Attorney General
shall additionally notify and instruct the escrow agent or corporation to
return to the applicant the full amount of the investor's funds on deposit
pursuant to section 41.0802(A)(11) herein.
History: 1988, PL 20-56.
41.0804 Revocation of foreign investor entry
permits.
(a)
Upon written notification from the director that
the certificate of foreign investment has been revoked or the foreign
investment enterprise has ceased business of has been transferred to new owners
who will seek foreign investment entry permits, the Attorney General may revoke
the foreign investor entry permits of the holder, the spouse and their
dependents, provided, however, that the revocation shall not take effect until
six months following the date of the business transfer or revocation of the
certificate of foreign investment.
(b)
Upon written notice from the Director of the
business transfer or revocation of a certificate of foreign investment, the
Attorney General shall give written notice of revocation of the foreign
investor entry permits to the holders of the certificate of foreign investment
and all participants therein.
History: 1988, PL 20-56.
41.0805 Exclusion from other preference eligibility.
(a) Every person who enters the Territory under
this chapter is excluded from applying for admission under any other preference
or for permanent residence, regardless of such person's eligibility for
admission, for as long as such person holds or is named on a foreign investment
entry permit.
(c)
Every person whose foreign investment entry
permit expires or is terminated or revoked, must leave the Territory before
applying for admission under any other provision of this title.
History: 1988, PL 20-56.
41.0806 Rules and forms.
(a) The Attorney General may promulgate rules and
prescribe regulations pursuant to the Administrative Procedures Act, 41.1001 et
seq., to carry out the provisions of this chapter.
History: 1988, PL 20-56.