American Samoa Administrative Code

A chairperson shall be elected by the board on the first Friday of March each year . History: Rule 3-86, eff 7 Dec 86.

The board shall recommend to the Governor the need for a replacement for any member who misses 3 consecutive meetings without cause. Cause shall include health and off-island business trips. History: Rule 3-86, eff 7 Dec 86.

(a) Denials and Appeals. Whenever a formal application or petition filed with the office is denied, the applicant shall be given written notice setting forth the specific reasons for such denial. When the applicant so desires, such an appeal to the board may be taken within 15 da…

(a) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or rule. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefo…

(a) Access to Available Records. An individual seeking records about him/herself shall present the request in person or in writing to the chief immigration officer. The person requesting information shall to the extent possible assist in identifying the request as precisely as po…

(a) When an individual requests records about him/herself which have been exempted from individual access or which have been compiled in reasonable anticipation of a civil action or proceeding either in a court or before an administrative tribunal, the office will neither confirm…

The fees charged by the office of the Attorney General and the immigration office for records pursuant to this chapter shall be $.75 per page. See 41.0404(b) for an exception for certain statements. History: Rule 3-86, eff 7 Dec 86.

An individual who has been denied access by the office to the records concerning him/her may appeal that decision to the board in accordance with procedures in this chapter. History: Rule 3-86, eff 7 Dec 86.

(a) How made. Unless a record is exempt from corrections, an individual may request amendment or correction of a record concerning him/her by addressing his/her request to the chief immigration officer either in person or by mail, his/her identity to be established as provided in…

The following records are not subject to correction or amendment by individuals: (a) Transcript or written statement made under oath; (b) Transcripts of the immigration board, judicial or quasi judicial proceedings which form the official record of those proceedings; and (c) Pre …

It is the policy of the board not to allow aliens to attend the public school system, or the Community College of American Samoa or private schools and colleges or seminaries if their parents are not living in American Samoa, except as set forth in this section, and provided the …

It is the policy of the board that all business licenses submitted by aliens are to be reviewed by the board. There shall be no fee for this review. It is the policy of the board not to approve aliens for sole proprietorships for a business license. Aliens may be partners or foun…

(a) “Minister”, as used in this section, means a person duly authorized by a recognized religious denomination having a bona fide organization in American Samoa to conduct religious worship and to perform other duties usually performed by a regular ordained pastor or clergyman of…

Any alien who has entered or remained in American Samoa as a spouse of an American Samoan, United States National, or an alien approved for employment, “who becomes divorced shall be subject to having his/her right to remain revoked unless good and sufficient cause exists for all…

For the purposes of 41.0403 and 41.0406 ASCA, it is the policy of the board to accept only adoptions that occur in the United States, its territories and possessions, or adoptions accepted by the Courts of American Samoa. History: Rule 3-86, eff 7 Dec 86.

Upon application for an alien to become a permanent resident, the alien and the sponsor must appear before the board. Failure of the sponsor to appear will result in denial or delay. History: Rule 3-86. err 7 Dec 86.

The following sections describe the organization of the immigration office including statements of delegations of authority, indicate the established places at which, and method whereby, the public may secure information, and direct attention to the rules leading to the general c…

The Attorney General has delegated to the chief immigration officer without divesting of the Attorney General any of the powers, privileges, and duties, authority to direct the administration of the immigration office, and to enforce the Act, and all other laws relating to immigr…

Any person desiring information relative to a matter handled by the office or any person desiring to make a submittal or request in connection to such matter should communicate either orally or in writing with the office. When the submittal or request consists of a formal applica…

(a) General. Every application, petition, or other document submitted on the forms prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the rule…

Whenever a formal application or petition is denied, the applicant shall be given notice setting forth the reasons for such denial in writing. Any decision of the immigration office is appealable to the immigration board. Such appeal may be taken within 15 days after the service …

Pursuant to 41.0505 ASCA the Attorney General establishes the normal working hours beyond which vessel owners will be required to pay overtime as 7: 00 a.m. to 5: 00 p.m. Monday through Friday, excepting holidays. History: Rule 3-86, eff 7 Dec 86.

The Attorney General and the immigration board hereby approve the following forms and instructions, including those that are relative to numerical limitations and quotas as established at 41.0301 and 41.0303 ASCA: Petition to Classify Preference Status of Alien on Basis of Profes…

The forms listed in 41.0407 of this chapter that have instructions contain matters that are hereby approved as part of these rules relative to who may file petitions, supporting documents, rules for documents, filing dates, appearances before officers, fees, penalties, authority,…

(a) The Attorney General or chief immigration officer may in his/her discretion, require any alien who is either visiting or residing in American Samoa to post a cash bond, to ensure that she/he will not become a financial burden to the American Samoa Government, not to exceed an…

For the purpose of this chapter: (a) “Alien” means any person who is not an American Samoan or a citizen or national of the United States. (b) Other words as defined in 41.0201 of this title shall serve as definition for this chapter. History: Rule 3-86, eff 7 Dec 86.

(a) No person shall depart, or attempt to depart American Samoa if his/her departure would be prejudicial to the interest of American Samoa or the United States Government. Any immigration officer who knows or has reason to believe that the case of an alien in American Samoa come…

The departure from American Samoa of any alien within one of the following categories shall be deemed prejudicial to the interests of American Samoa and the United States: (a) Any aliens who is in possession of, and who is believed likely to disclose to an unauthorized person, in…

(a) Any alien, other than an enemy alien whose departure has been temporarily prevented under the provision of 41.0502 of this chapter , may, within 15 days of the service upon him/her of the written order temporarily preventing departure, request a hearing before the board. The …

(a) The hearing before the board shall be conducted in accordance with the following procedures: (1) The board shall advise the alien of the rights and privileges accorded to him/her under the provisions of 41.0505 of this chapter. (2) The board shall enter the record: (A) a copy…

(a) Vessels. The captain, master or agent of every vessel or aircraft arriving in American Samoa from a foreign place or from the United States must present a manifest of all alien passengers on board to the immigration officer at the first port of arrival. A complete roster of a…

The captain, master or agent of every vessel and aircraft departing from American Samoa for a foreign place or the United States must present a manifest of all alien passengers on board to the immigration officer at the port of departure. Captain’s manifest shall set forth each p…

When an immigration officer has reasonable grounds for believing the person arriving in American Samoa should be detained for reasons specified in 41.0615(1), (2), (3), (5), (6), or (18) of the Act, he/she shall after consultation with the public health officers of American Samoa…

When an immigration officer at the port of entry has reasonable grounds for believing that it would facilitate the inspection of persons arriving in American Samoa, if they were temporarily removed, he/she shall notify the captain, master or agent of the arriving vessel or aircra…

(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 Un…

Any immigration officer who temporarily excludes an alien under the Act shall report such action promptly to the chief immigration officer and the attorney general in writing. The immigration officer shall, if possible, take a brief sworn question and answer statement from the al…

In determining cases referred for further inquiry as provided in the Act, immigration officers shall have the power and authority conferred upon them by the Act and this title. Subject to any specific limitations prescribed by the Act and this title, immigration officers shall al…

(a) Opening. Exclusion hearings shall be closed to the public, unless the alien at his/her instance requests that the public, including .the press be pen11itted to attend: in that event the hearing shall be opened: provided, that the alien states for the records that she/he is wa…

(a) Contents. The decision of the board may be oral or written. I t shall include a discussion of the evidence and findings as to excludability: the forn1al enumeration of findings is not required. The decision shall be included with the order of the board. (b) Oral Decision. An …

The immigration officer in charge of the port of arrival may stay the immediate deportation of an excluded alien under such conditions as he/she may prescribe. History: Rule 3-86, eff 7 Dec 86.

An alien who has been finally excluded pursuant to chapter 06 of this title may at any time surrender him/herself to the custody of the office and shall surrender to such custody upon notice in writing of the time and place for surrender. The office may take the alien into custod…

A claim shall be established to the satisfaction of the chief immigration officer from whose adverse decision no appeal shall lie. The chief immigration officer shall afford the claimant a reasonable time within which to submit affidavits and briefs to support its claim. History:…

An excluded alien shall, immediately or as promptly as the circumstances permit. be offered for deportation to the master, commanding officer, purser, person in charge, agent, owner, or consignee of the vessel or aircraft on which the alien is to be deported, as determined by the…

(a) Commencement. Pursuant to 41.0610 of the Act the Attorney General may order the arrest and detention of any person pending a determination of that person’s deportability. Any person taken into custody, may. in the discretion of the Attorney General, pending a final determinat…

(a) Warrant of Arrest. At the commencement of any proceeding under this part, or at any time thereafter and up to the time respondent becomes subject to supervision under the authority contained in the Act, the respondent may be arrested and taken into custody under the authority…

(a) Service. If the respondent is confined, or if he/she is incompetent, or a minor under the age of 14, the order to show cause, and the warrant of arrest, if issued, shall be served in the manner described in this chapter upon the person or in the person’s name. (b) Office Cust…

(a) Authorized Officers. The authority contained in 41.0601 ASCA may be exercised by any immigration officer. Any person remaining in American Samoa beyond the time allowed by law or the board who voluntarily departs before a hearing is held by the board is prohibited from reente…

Any alien who has been advised that he/she has been accused of violating the immigration laws of American Samoa shall have the right to waive their rights before the board. Any officer may provide a fom1 to any alien who desires to waive their rights that they have been advised t…

(a) If an order to show cause has been issued by any officer, the office may cancel the order to show cause or, prior to the actual commencement under a served order to show cause, terminate proceedings thereunder, if in either case he/she is satisfied that the respondent is actu…

(a) Opening. The immigration board shall advise the respondent of his/her right to representation, at no expense to the government by counsel of his/her choice authorized to practice in the proceedings and require the alien to state then and there whether the alien desires repres…