Chapter 10 - Adjustment of Status to That of Persons Admitted for Permanent Residence-Employment-Becoming an American Samoa

41.1006 Becoming an American Samoa.

Pursuant to 41.0202(1)(c)(ii) ASCA the board is to approve eligible persons as American Samoans. The board hereby approves form IB l03 and IB 1 03 I for filing purposes.

41.1004 Loss of permanent residents status.

Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without approval of the board. Any non-American Samoan permanent resident can lose the status of "permanent resident" by action of the board because that person has violated the requirements of 41.0405 of the Act. The office of the Attorney General may file an order to show cause against any alien who has received the status of permanent resident for the purpose of losing that status. The alien shall have the right to appear at the hearing and to be served with process.

41.1001 Eligibility.

Persons may apply for the status of permanent resident in American Samoa on the following basis:

(a) As an American Samoa pursuant to 41.0402(a) of the Act;

(b) As a person who established American Samoa as the permanent residence on or before 1 January 1950 and whose spouse and children are entitled to permanent residence because they have continuously resided here since that day pursuant to 41.0402(b) of the Act;

(c) As a person who continuously resided in American Samoa for 10 years prior to October 15, 1984 pursuant to 41.0603(2) of the former Act;

(d) As a person who is physically and legally present in American Samoa for a continuous period of at least 20 years of good moral character, for whom deportation would be a hardship, pursuant to 41.0403(a) ( 1) of the Act;

(e) As a person who after January 1, 1981 was legally adopted by an American Samoa and who is 21 years of age or younger, pursuant to 41.0403(a) (2) of the Act; and

(f) As a person who on or before December 31, 1980 was legally adopted by an American Samoan, purusuant to 41.0403(a) (2) of the Act.

41.1002 Application.

Any person applying to become a permanent resident must submit a separate application. The board hereby approves forms IB 101, IB 101 I, and IB 102 for use relative to permanent residence. The board shall have exclusive jurisdiction in declaring eligibility for permanent residents pursuant to the act.

41.1003 Order granting permanent resident status.

Upon consideration of the application by the immigration board of persons who have filed for permanent residence status, the board shall decide based on evidence presented at a hearing whether the person will be granted permanent resident status or not. Persons who apply for permanent resident status are to be cautioned that if the basis for their eligibility is false or if the person resides outside of American Samoa in excess of six months without approval of the board, he/she may lose the permanent resident status. The alien is also hereby informed that other causes for loss of status will be found at 41.0405 of the Act. Aliens who are permitted to stay in American Samoa must be registered with the immigration office at all times and notify the Attorney General in writing with any change of address within 10 days after the change, pursuant to 41.0308(a) of the Act.

41.1005 Employment of aliens.

(a) No person may knowingly employ any alien without written approval before the person commences work.

(b) No alien may seek employment or become employed without prior written approval of the office or the board.

(c) Subsection 41.0409(c) ASCA provides for a hearing before the board for any person who has violated subsection (a) or (b) of 41.0409 ASCA. This hearing shall be commenced by the filing of an order to show cause by any immigration officer against any employer and/or employee for a hearing before the board.

(d) It is the policy of the immigration board that the employer shall be the sponsor of all alien employees unless a sufficient reason should appear to the board for allowing another person to sponsor the alien. It is the policy of the board to deny requests for transfer from one employer to another for sponsorship pursuant to 41.0408(h) of the Act.

(e) Any person sponsoring another must reside in American Samoa during the period of sponsorship. Should it appear to the office or the board that the sponsor has departed from American Samoa for an indefinite period of time, the person sponsored may have permission to remain revoked. A sponsor shall lose his authority to sponsor a person if he/she fails to pay all costs as established by 41.0408( e) ASCA, or if he/she resides outside of American Samoa in excess of 3 consecutive months in violation of 41.0408(f) ASCA, or if he/she is sponsoring aliens contrary to the Act.

41.1007 Entry permits.

(a) Any person or group traveling to American Samoa not as tourists but for the purpose of visiting family and friends or for cultural or religious exchanges must provide:

(1) approval of the matai or senior member of the family or, if a religious exchange, the head of the church in American Samoa; and

(2) approval of the pulenu'u and district governor or designated representative; and

(3) proof of valid travel documents and round trip tickets, and a valid passport that will not expire during the visit.

(b) Any person or group arriving in American Samoa without the approvals required in subsection (a) of this section may be refused entry by an immigration officer.

(c) Fees:

(1) One person, $5;

(2) 10 to 20 persons, $50;

(3) 21 to so persons, $100;

(4) 51 to 100 persons, $ 150;

(5) 101 persons and above, $200.

(d) Upon satisfactory showing of compliance with the requirements of subsections (a), (b) and (c) of this section, the chief immigration officer may grant up to 30 days to visit American Samoa. The chief immigration officer may grant an extension of 7 more days but only one extension can be granted. The chief immigration officer shall report monthly the number of permits granted and receipt of fees.

41.1008 Certificates of identity, stateless certificates and travel permits.

(a) Certificate of Identity.

(1) A certificate of identity is a travel document issued under the authority of the Attorney General. No alien is eligible for a certificate of identity. No person who is eligible for a United States passport as a citizen or a national shall be issued a certificate of identity except in an emergency. An emergency is defined as follows:

(A) The applicant has filed for a United States passport; and

(B) The physical health of the applicant or an immediate member of the family is impaired and there is medical evidence to substantiate the health problem and travel is necessary: or

(C) There is a death or wedding in the applicant's family necessitating travel; or

(D) The applicant has been approved for education or training necessitating travel. Sufficient proof must be filed to support the request such as an affidavit.

(2) In 1986 all eligible applicants may be granted a certificate of identity valid until December 31, 1986. Commencing January 1, 1987 a certificate of identity may be issued for periods up to and not exceeding 90 days.

(3) All applicants for a certificate of identity must file a certified birth certificate from any state, territory , or possession of the United States. Birth certificates for American Samoa must be verified by the office prior to issuing the certificate of identity.

(4) The fee for issuing a certificate of identity shall be $15.

(b) Stateless Certificate.

(1) A stateless certificate is a travel document issued by the Attorney General to aliens only. The applicant for a stateless certificate must file an affidavit or official letter from the alien's native or citizenship country demonstrating that the country will not issue a passport to the alien, a certified birth certificate (any birth certificate not in English must be translated into English and the translator m list certify the translation), two recent photographs, and file a personal affidavit as to the truth of the application. The alien is responsible for securing necessary visas or approvals from other nations as required.

(2) Aliens who have been approved by the board as American Samoans who cannot get passport from their native or citizenship country are eligible for stateless certificate on the basis of the board 's approval and must supply a certified birth certificate and two recent photographs.

(3) A stateless certificate may be issued for up to three years.

(4) In order for an alien with a stateless certificate to enter the United States, a United States Visa is required.

(5) The fee for a stateless certificate is $25.

(c) Travel Permit.

(1) A travel permit is a travel document issued by the Attorney General to an alien who is qualified for a passport from his or her native or citizenship country , but the passport is lost, stolen, mutilated or expired and the alien is returning to his or her native country .

(2) An alien applying for a travel permit must have a valid alien registration card and identification as required by 41.0309 ASCA or be an alien who is legally in the Territory as a visitor pursuant to 41.0502 ASCA. The alien registration card or two recent photographs and an affidavit stating the facts as to the missing passport must be presented upon application for the travel permit.

(3) The travel permit shall be valid for one trip only to the native country and may not be used for entrance to American Samoa.

(4) Any alien who has an invalid or expired alien registration card or who has overstayed may be deported pursuant to law and not permitted to return to American Samoa pursuant to 41.0613 ASCA. (5) The fee for a travel permit is $10.