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41.0403 Persons entitled to apply for permanent resident status.

Cite as [A.S.C.A. § 41.0403]

(a) The following persons shall be entitled to apply for permanent resident status:

(1) any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character; “continuous period” means uninterrupted residence in American Samoa except for periods not to exceed 3 consecutive months;

(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 31 December 1980, shall be entitled to apply;

(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 American Samoa for at least 10 years.

(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 December 31, 2001, shall not be subject to any numerical limitations and may be reviewed by the Attorney General and approved or denied.

History: 1984, PL 18-52 § 2; 2002, PL 27-28.