41.0511 Inspection of persons applying for admission-Scope of examination.

Cite as [A.S.A.C. § 41.0511]

(a) General. Application to enter American Samoa shall be made in person to an immigration officer at a port of entry at a time when an immigration officer at the port is open for inspection.

(b) United States Citizens. Nationals and American Samoans. A person claiming to be a United States citizen, a national or American Samoan must establish that fact to the examining immigration officer's satisfaction and must present a U.S. passport or a certified birth certificate or other travel document. If such an applicant for admission fails to satisfy the examining immigration officer that he/she is a U.S. citizen, a national or American Samoan, he/ she shall thereafter be inspected as an alien. A driver's license shall not be considered a valid travel document.

(c) Alien Members of the United States Armed Forces and Members of a NATO Country. Any alien member of the United States Armed Forces who is in the uniform of, or bears documents identifying him/her as a member of, such Armed Forces, and who is coming to or departing from American Samoa under official orders or permit of such Armed Forces is not subject to the exclusion provisions of the Act. A member of the force of a NATO country signatory to Article III of the Status of Forces Agreement seeking to enter American Samoa under official orders is exempt from the control provisions of the Act. Any alien who is a member of either of the foregoing classes may, upon request, be inspected under the provisions of the Act, and his/her entry as an alien may be recorded. If the alien does not appear to the examining immigration officer to be clearly and beyond a doubt entitled to enter American Samoa under the provisions of the Act, the alien shall be so informed and his/her entry shall not be recorded.

(d) Qualifications for Aliens. The following general qualifications and requirements shall be met by each alien seeking to enter American Samoa for permanent, indefinite, or temporary stay, and regardless of the purpose for which he/she seeks to enter: q( I) He/she shall present whatever documents are required and shall establish to the satisfaction of the immigration officer that he/she is not subject to exclusion under the Act and is entitled under all of the applicable provisions of the immigration laws and this title to enter American Samoa.

(2) Any person, including an alien crewman on board a vessel en route to American Samoa solely for bunkering purposes or an aircraft en route to American Samoa solely for refueling purposes, who does not seek to enter American Samoa, shall be regarded as not arriving for purposes of immigration.

History: Rule 3-86, eff 7 Dec 86.