Chapter 03 - Immigration-Registration

Chapter 03 - Immigration-Registration

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 Western Samoans. Because of the historic, cultural and family interchanges between American Samoans and Western Samoans, the number of aliens born in Western Samoa who may enter American Samoa to be registered shall not in any of the first three quarters of any fiscal year exceed a total of 62, and shall not in any fiscal year exceed a total of 250.

(d) The numerical limitations established by this section shall not include aliens employed by the American Samoa Government or the United States of America, or aliens admitted and employed under chapter 09 of this Title, or other groups as further waived by Board order upon a showing of extenuating circumstances. Any alien employed under this provision who is terminated for whatever reason shall be subject to these limitations upon the expiration of 30 days from the date of termination.

(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 American Samoa. No extensions of stay beyond the original 60 days period allowed under 41.0502 (a)(2)(D) or otherwise are to be granted.

(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 pending 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".

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.

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).

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 American Samoa he shall, within 30 days thereafter, apply in person for registration and photographing.

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.

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 American Samoa;

(2) activities in which he has been and intends to be engaged;

(3) the length of time he expects to remain in American Samoa;

(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.

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 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.

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.

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 American Samoa on the first day of January of any year, shall furnish his current address and other information as required by this section within 10 days after his return.

(d) Any such alien in American Samoa in a lawful temporary residence status shall in like manner also notify the Attorney General in writing of his address at the expiration of each 3 month period during which he remains in American Samoa regardless of whether there has been any change of address.

(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.

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.

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.

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.

41.0312 Failure to give notice of address or change of address-Penalty.


(a) Any alien, and any parent or legal guardian in American Samoa of an alien, who fails to give written notice to the Attorney General as required by 41.0308 shall be guilty of a class C misdemeanor. Irrespective of whether an alien has paid the penalty provided by this section he shall be taken into custody and deported in the manner provided by law unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.

(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.

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.

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.

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.