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Discretionary or Other Qualified Registration Receipt Card

American SamoaSpecial cases

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

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Explore pathways in American Samoa Read the five questions ↓

What exactly is the official special programme/status and why does it exist?

This route covers two residual allocations of registration receipt cards at the bottom of the American Samoa preference system. The first is discretionary: additional cards are made available by the Attorney General under regulations he may prescribe, in a number not to exceed 6 percent of the number specified in 41.0301. The second is the nonpreference remainder: cards authorised in a fiscal year, less those required for the classes in paragraphs (1) through (6) and the number made available under paragraph (7), go to other qualified persons strictly in the order in which they qualify.

See recorded sources
  • A.S.C.A. 41.0303(a)(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
  • A.S.C.A. 41.0303(a)(8)
    shall be made available to other qualified persons strictly in the order in which they qualify.

Which specific population, role, circumstance or historical/legal situation does it cover?

It covers anyone who is otherwise admissible but does not fit one of the six named preference categories (family, professional or exceptional ability, or shortage labour); the statute calls them other qualified persons. Every applicant for a registration receipt card is presumed to be a nonpreference applicant until establishing to the immigration officer's satisfaction entitlement to a preference status under paragraphs (1) through (7) of subsection (a) or being an immediate relative of an American Samoan.

See recorded sources
  • A.S.C.A. 41.0303(d)
    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).
  • A.S.C.A. 41.0303(a)(8)
    shall be made available to other qualified persons strictly in the order in which they qualify.

What circumstance, event, relationship, nomination, invitation or status activates access?

Access depends on availability rather than an event: cards reach this group only after the six named preferences have taken their share, from the cards authorised in a fiscal year less those required for the classes in paragraphs (1) through (6) and the number made available under paragraph (7). The Attorney General's discretionary allocation is capped at 6 percent of the number specified in 41.0301 under regulations he may prescribe. Within the group, cards go strictly in the order in which applicants qualify, with waiting lists maintained under Attorney General regulations.

See recorded sources
  • A.S.C.A. 41.0303(a)(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),
  • A.S.C.A. 41.0303(a)(8)
    Waiting lists of applicants shall be maintained in accordance with regulations prescribed by the Attorney General.

What sponsor, authority, nomination, certification, evidence or other step must occur before the status can be obtained?

Every person applying for permission from the Board to remain in American Samoa must have a sponsor: an American Samoan, a national of the United States, or a partnership or corporation authorised to do business in American Samoa. The applicant files an application for a registration receipt card (form P200 Application for Receipt Card) and pays the $75.00 fee for numerical limitations priorities, which may be waived for inability to pay. Applicants must return to their countries of origin pending allocation of cards for re-entry, with no extensions of stay beyond the original 60 days.

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.
  • ASAC 41.0407 Forms
    P200 Application for Receipt Card
  • A.S.C.A. 41.0301(e)
    No extensions of stay beyond the original 60 days period allowed under 41.0502 (a)(2)(D) or otherwise are to be granted.

What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?

The result is a registration receipt card, allocated last from whatever remains. The annual ceiling is 100 registrations 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; the six named preferences claim 20, 20, 10, 10, 24 and 10 percent, and the Attorney General's discretionary allocation up to a further 6 percent. Permanent residence still requires 20 years physically and legally present in American Samoa and good moral character, capped at 50 grants a fiscal year.

See recorded sources
  • 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. 41.0303(a)(7)
    in a number not to exceed 6 percent of the number specified in 41.0301
  • A.S.C.A. 41.0403(b)
    The number of persons who may be granted the status of permanent resident in any fiscal year shall not exceed 50.

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

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