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Family Preference 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?

Four family relationships hold a preference place in the American Samoa registration queue, in this order of priority: unmarried sons or daughters of American Samoan or United States citizens (first preference, up to 20 percent of the quota); the spouses, unmarried sons, or unmarried daughters of a person lawfully admitted to American Samoa as a permanent resident (second, up to 20 percent); qualified brothers and sisters of American Samoans provided such American Samoans are at least 21 years old (third, up to 10 percent); and qualified persons who are the married sons or married daughters of American Samoans (sixth, up to 10 percent). Children, spouses and parents of an American Samoan are not in this queue at all - they are immediate relatives and are exempt from the quota.

See recorded sources
  • A.S.C.A. 41.0303(a)(1)
    in a number not to exceed 20 percent of the number specified in 41.0301 to qualified aliens who are unmarried sons or daughters of American Samoan or United States citizens;
  • A.S.C.A. 41.0303(a)(2)
    who are the spouses, unmarried sons, or unmarried daughters of a person lawfully admitted to American Samoa as a permanent resident;
  • A.S.C.A. 41.0303(a)(3)
    to qualified brothers and sisters of American Samoans provided such American Samoans are at least 21 years old;
  • A.S.C.A. 41.0303(a)(6)
    to qualified persons who are the married sons or married daughters of American Samoans;

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

The qualifying relative is either an American Samoan, a United States citizen, or a person lawfully admitted to American Samoa as a permanent resident, depending on the applicant's preference category. Separately from the relationship, every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor, and all American Samoans, and nationals of the United States are eligible to act as sponsor, as is any partnership or corporation authorised to do business in American Samoa. The sponsor must reside in American Samoa during the period of sponsorship and loses that authority if he resides outside American Samoa in excess of 3 consecutive months.

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(b)
    (1) all American Samoans, and nationals of the United States; (2) any partnership or corporation authorized to do business in American Samoa.
  • A.S.C.A. 41.0408(f)
    if he resides outside American Samoa in excess of 3 consecutive months

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

Applicants are presumed nonpreference until they establish preference status to the immigration officer's satisfaction. Form P12 is listed for classification based on relations or humanitarian reasons. For the purposes of sections 41.0403(2) and 41.0406, the adoption policy accepts court-granted adoptions from the United States or its territories and possessions, or adoptions accepted by the Courts of American Samoa.

See recorded sources
Limits of the record
  • The itemised civil-document requirements and exact age, marital-status and residence conditions of each preference remain unestablished.
  • The excerpt does not establish the adoption policy's application to every family-preference class.
  • A.S.C.A. 41.0303(d)
    ubsection (a). (c) Order of issuance cards. Registration receipt cards issued pursuant to paragraphs (1) through (6) of subsection (a) shall be issued to eligible persons in the order in which an application for registration in behalf of each such person is filed with the Attorney General as provided in this chapter. (d) Presumption of nonpreference status. 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). History: 1984, PL 18-52 s 2.
  • ASAC 41.0407 Forms
    mendments: 2010, deleted "board," added "Attorney General or his designee;" added "If permanent resident status is granted, a bond must still be posted for the alien." CHAPTER 4 - IMMIGRATION RULES (selected sections as printed) 41.0407 Forms - approved forms include: P45 Petition to Classify Preference Status of Alien on Basis of Profession or Occupation P12 Petition to Classify Preference Status of Alien on Basis of Relations or Humanitarian Reasons P50 Petition for Temporary or Season Worker P100 Denial for Preference Status P101 Authorization to Remain in American Samoa P200 Application for Receipt Card P300 Application for Extension of Time to Remain Under Numerical Limitations P400 Notice of Address or Change of Address IO 101 Application for Extension of 30 Days Entry Permit IB 101 Application for
  • ASAC 41.0330 Adoptions
    equests for "ministers" or "missionary" workers shall be filed on form P45 if the stay is for more than one year and on form P50 if the stay is for one year or less. Fees may be waived upon request and with showing of hardship. History: Rule 3-86 eff 7 Dec 86; amd 2010, eff 3 May 2010. 41.0330 Adoptions For the purposes of 41.0403 (2) and 41.0406 A.S.C.A., it is the policy of the board to accept only adoptions that granted by a court of law in the United States or its territories and possessions, or adoptions accepted by the Courts of American Samoa. History: Rule 3-86, eff 7 Dec 86; amd 2010, eff 3 May 2010. 41.0331 Permanent residents 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, eff 7 Dec 86; amd 2010, eff 3 May 2010. Amendments: 2010, deleted "

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

Financial responsibility rests on the sponsor and it is broad: 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. A sponsor who fails to pay those costs loses the authority to sponsor. On top of that 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.

See recorded sources

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?

Registration is a queue, not an entitlement: the number of aliens born in any foreign state or dependent area who may enter American Samoa to be registered shall not in any fiscal year exceed a total of 100, with no more than 5 registration receipt cards for natives of any single foreign state, and a separate higher ceiling of 250 a year for people born in Samoa. The four preferences receive 20, 20, 10 and 10 percent respectively, and cards within a preference are issued in the order in which an application for registration in behalf of each such person is filed. Applicants shall return to their countries of origin pending allocation of such registration receipt cards for re-entry into American Samoa. A person who meets the criteria in 41.0303(a)(1) and (a)(6) and who has resided in American Samoa for at least 10 years is entitled to apply for permanent resident status, without numerical limitation. The official source does not state the rights the card gives.

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. 41.0301(c)
    shall not in any fiscal year exceed a total of 250.
  • A.S.C.A. 41.0301(e)
    Aliens submitting application for registration receipt cards under this section and 41.0303 shall return to their countries of origin pending allocation of such registration receipt cards for re-entry into American Samoa.
  • A.S.C.A. 41.0403(a)(4)
    any person who meets the criteria contained in section 41.0303(a)(1) and (a)(6) and who has resided in American Samoa for at least 10 years.

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

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