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American Samoan Right of Permanent Residence

American SamoaFree movement

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in American Samoa Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

A.S.C.A. 41.0402 states that all American Samoans are entitled to permanent residence in American Samoa; it is a statutory entitlement, not a permit. The same section extends the entitlement to any person who established American Samoa as his permanent residence on or before 1 January 1950, and his spouse and children, provided they have continuously resided in American Samoa since said date. Everyone else must qualify under the application route in 41.0403.

See recorded sources
  • A.S.C.A. 41.0402(a)
    All American Samoans are entitled to permanent residence in American Samoa.
  • A.S.C.A. 41.0402(b)
    Any person, who established American Samoa as his permanent residence on or before 1 January 1950, and his spouse and children, are entitled to permanent residence in American Samoa, provided they have continuously resided in American Samoa since said date.

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

For American Samoans the basis is status alone: no residence period, sponsor, employment or income test appears in 41.0402(a). For the 1950 group the basis is permanent residence established on or before 1 January 1950 and continuous residence in American Samoa since that date, extended to that person's spouse and children. The Administrative Code treats this as a status declaration rather than a merits assessment: persons may apply for the status of permanent resident in American Samoa as an American Samoan pursuant to 41.0402(a) of the Act.

See recorded sources

What entry, registration or residence-document formalities remain?

Each person other than American Samoans desiring permanent residence status must file an application with the Attorney General on forms prescribed by the Attorney General, and the Administrative Code approves form IB 101 Application for Permanent Residence for that purpose. Once satisfied that the applicant is entitled to permanent residence status, the Attorney General issues a certification that the applicant is a permanent resident of American Samoa. All permanent residents of American Samoa, except members of the armed forces, must present proof of residence at the time of entry as prescribed by the Board.

See recorded sources

Which non-member-country family members can accompany or join, and what broad rights do they receive?

For the 1950 group, the spouse and children of the qualifying person share the entitlement, provided they have continuously resided in American Samoa since said date. For American Samoans, the children, spouses and parents are immediate relatives and are registered as such without regard to the numerical limitations, provided that for parents the American Samoan is at least 21 years of age. Children legally adopted by American Samoans have the same rights as American Samoans under the immigration laws, provided the child was lawfully admitted, is residing with the adoptive parents, and was 12 years of age or younger at adoption and living with them for 5 years.

See recorded sources
  • A.S.C.A. 41.0402(b)
    and his spouse and children, are entitled to permanent residence in American Samoa
  • A.S.C.A. 41.0301(b)
    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.

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

The entitlement is permanent residence in American Samoa itself. Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without authorisation from the Attorney General. The Attorney General may revoke the permanent resident status of any non-American Samoan permanent resident who is a convicted felon or has been convicted of 2 or more crimes, among other grounds. Permanent residents must present proof of residence at the time of entry, and aliens permitted to stay must notify the Attorney General in writing of any change of address within 10 days.

See recorded sources
  • A.S.C.A. 41.0405(a)
    Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without authorization from the Attorney General.
  • A.S.C.A. 41.0405(b)
    The Attorney General may revoke the permanent resident status of any non-American Samoan permanent resident if that person is:

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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