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Domestic or Family Violence Transitional Stay

American SamoaHumanitarian protection

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 this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is a statutory extension of the right to remain, written into the sponsorship rules; it is transitional stay, not refugee status or asylum. Normally, a sponsored person whose sponsorship is revoked or whose employment is terminated has the right to remain in American Samoa for up to 20 days; A.S.C.A. 41.0408 extends this to up to 45 days following revocation of sponsorship or termination of employment for persons in American Samoa subjected to domestic or family violence by their sponsor or that sponsor household or family members.

See recorded sources
  • A.S.C.A. 41.0408(j)
    Persons who are in American Samoa and subjected to domestic or family violence by his or her sponsor or that sponsor household or family members shall have the right to remain in American Samoa for up to 45 days following revocation of sponsorship or termination of employment.
  • A.S.C.A. 41.0408(i)
    persons who are in American Samoa and are sponsored shall have the right to remain in American Samoa for up to 20 days following revocation of sponsorship or termination of employment

Which population, circumstances or geographic group does the mechanism cover?

The provision covers persons in American Samoa subjected to domestic or family violence by their sponsor or by that sponsor’s household or family members. To qualify as a person subjected to that violence for this protection, the court must make a specific finding. The provision gives such a person up to 45 days to remain after revocation of sponsorship or termination of employment. It does not establish coverage of other populations.

See recorded sources
Limits of the record
  • The reviewed public law does not establish coverage of populations outside the specified sponsor or sponsor-household/family violence circumstances.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The official source does not set out an application procedure for this protection. To qualify as someone subjected to domestic or family violence, the court must make a specific finding as such; the person then has the right to remain in American Samoa for up to 45 days following revocation of sponsorship or termination of employment. Separately, an alien with a case pending against his or her sponsor may remain in American Samoa until a judgment has been reached in that case.

See recorded sources
Limits of the record
  • The official source does not state the complete answer to this question for this route.

What happens after the request: registration, family handling, major support and rights where officially stated?

The person keeps a lawful right to remain for up to 45 days from the revocation of sponsorship or termination of employment, instead of the ordinary 20 days. During the ordinary 20-day window the sponsor obligations continue, covering all medical bills, taxes, transportation to the alien's native country, educational costs, legal expense of the public defender and other public debts. Work is not unlocked by this provision: no alien may seek employment or become employed without prior written approval of the Board. An alien with a case pending against their sponsor may remain in American Samoa until a judgment has been reached. The statute does not state whether the sponsor obligations continue across the full 45-day window.

See recorded sources
Limits of the record
    • A.S.C.A. 41.0408(i)
      The sponsor obligations under subsection (e) above shall continue during this period.
    • A.S.C.A. 41.0408(k)
      Should an alien have a case pending against his or her sponsor, the alien may remain in American Samoa until a judgment has been reached in his or her case.

    Which competent authority, UN body or official assistance channel should the person use?

    The competent body is the court, which makes the finding that a person was subjected to domestic or family violence. An alien with a case pending against their sponsor may remain in American Samoa until a judgment has been reached, and the costs the sponsor is liable for expressly include the legal expense of the public defender.

    See recorded sources
    Limits of the record
      • A.S.C.A. 41.0408(j)
        the court must make a specific finding as such.
      • A.S.C.A. 41.0408(e)
        legal expense of the public defender
      • A.S.C.A. 41.0907(d)
        A host or sponsor shall not require from a guest worker, through use of coercion, duress, force or threat of deportation, a portion of his/her wage earnings

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

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