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Derivative Registration Receipt Card

American SamoaFamily

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 family relationships qualify?

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. The qualifying relative is therefore the principal applicant who holds a preference place in their own right; the spouse or child has no independent preference.

See recorded sources
  • A.S.C.A. 41.0303(a)(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.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The derivative applicant's status derives from the principal applicant, so the preference relative is the principal's. The derivative applicant still needs a sponsor in American Samoa: every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor, and the sponsor must be an American Samoan or a national of the United States, or a partnership or corporation authorised to do business in American Samoa.

See recorded sources
  • A.S.C.A. 41.0408(a)
    Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor.
  • A.S.C.A. 41.0408(e)
    and other public debts of the alien and dependents.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

Two things must be shown: that the principal holds a preference place, and that the applicant is the principal's spouse or child. 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. The derivative right applies only if the applicant is not otherwise entitled to a registration receipt card under paragraphs (1) through (8), and only if accompanying, or following to join, his spouse or parent. Adoption is accepted only where granted by a court of law in the United States or its territories and possessions, or accepted by the Courts of American Samoa. The official source does not state a document list for derivative applicants.

See recorded sources
Limits of the record

    What important financial, accommodation, insurance or maintenance responsibilities apply?

    The sponsor carries financial responsibility: a sponsor shall be responsible for all medical bills, taxes, transportation to the alien's native country, educational costs, legal expense of the public defender, and other public debts of the alien and dependents. 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 amount sufficient to pay transportation costs to his/her home country plus not more than $500. A fee of $75.00 is charged for applications for permanent residency, all priorities under 41.0301 and 41.0303 A.S.C.A. and temporary or seasonal workers. The fee may be waived where the alien or other party affected is unable to pay the prescribed fee and files an affidavit asking for permission to prosecute without payment of fee. The official source does not state a separate maintenance threshold for derivatives.

    See recorded sources
    Limits of the record
    • The official source does not state a separate maintenance threshold for derivatives.

    How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

    A derivative holder receives exactly what the principal receives: the same status, and the same order of consideration provided in subsection (b). The derivative holder shares the principal's place in the queue and is counted inside the same annual ceilings: not in any fiscal year exceeding a total of 100 for aliens born in any foreign state, no more than 5 for natives of any single foreign state, and 250 for people born in Samoa. Applicants shall return to their countries of origin pending allocation of such registration receipt cards for re-entry into American Samoa. Because the derivative right is tied to accompanying, or following to join, his spouse or parent, it depends on the principal relationship continuing. The official source does not state work rights or a path to longer-term status.

    See recorded sources
    • A.S.C.A. 41.0303(a)(9)
      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.
    • A.S.C.A. 41.0301(a)
      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
    • A.S.C.A. 41.0301(e)
      shall return to their countries of origin pending allocation of such registration receipt cards for re-entry into American Samoa

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

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