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41.0306.1 Waiver—Children of foreign post-secondary students attending local institutions of higher learning.

Cite as [A.S.C.A. § 41.0306]

(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 American Samoa, the waiver shall cease to operate. The student applicant has a continuing duty to provide the Office of the Attorney General or his designee with all requested information required by this section. The student applicant also has a continuing duty to apprise the Attorney General or his designee of any changes which occur regarding his application for the waiver, at all times during the application process as well as the waiver period.

(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 American Samoa.

(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.