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Immediate Relative 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?

Only three relationships qualify as an immediate relative of an American Samoan, and the statute names them exactly: the children, spouses, and parents of an American Samoan. There is one age condition attached: in the case of parents, such American Samoan must be at least 21 years of age. Siblings, married adult children and more distant relatives are not immediate relatives - they fall under the separate preference categories in A.S.C.A. 41.0303.

See recorded sources
  • A.S.C.A. 41.0301(b)
    shall mean the children, spouses, and parents of an American Samoan; provided, that in the case of parents, such American Samoan must be at least 21 years of age.

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

The relative in American Samoa must be an American Samoan, and that same person normally acts as the sponsor: 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. Any person sponsoring another must reside in American Samoa during the period of sponsorship, and a sponsor loses the authority to sponsor 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(f)
    Any person sponsoring another must reside in American Samoa during the period of sponsorship.
  • A.S.C.A. 41.0301(b)
    shall mean the children, spouses, and parents of an American Samoan

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

The applicant must establish immediate-relative status under section 41.0301(b) to the immigration officer's satisfaction. The official source does not state the specific documents that prove the relationship.

See recorded sources
Limits of the record
  • Named civil documents and exact relationship/age conditions are not supplied.
  • The adoption policy is limited to sections 41.0403(2) and 41.0406; applicability to this immediate-relative category is not established.
  • 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.

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

Support is not an income test on you; it is an open-ended financial liability on your sponsor. A sponsor shall be responsible for all medical bills, taxes, transportation, to the alien native country, educational costs, legal expense of the public defender, and other public debts of the alien and dependents. If the sponsor fails to pay those costs he loses the authority to sponsor. A cash bond can also be required: 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, not to exceed an amount sufficient to pay transportation costs to his/her home country plus not more than $500. The fee for an application under the registration priorities is $75.00.

See recorded sources
  • A.S.C.A. 41.0408(e)
    A sponsor shall be responsible for all medical bills, taxes, transportation, to the alien native country, educational costs, legal expense of the public defender, and other public debts of the alien and dependents.
  • ASAC 41.0409 Bonds
    not to exceed an amount sufficient to pay transportation costs to his/her home country plus not more than $500
  • ASAC 41.0319 Fees
    Permanent residency, numerical limitations priorities, temporary/seasonal workers: $75.00.

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?

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, which places them outside the annual caps and country ceilings that constrain the preference categories and outside the rule that other applicants shall return to their countries of origin pending allocation of such registration receipt cards. A person who has been legally married to an American Samoan or a United States citizen, and has resided in American Samoa, for at least 10 years is entitled to apply for permanent resident status, with no numerical limitation on grants made on that basis. The official source does not state the rights or duration of the card.

See recorded sources
  • 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.
  • A.S.C.A. 41.0403(a)(3)
    any person who has been legally married to an American Samoan or a United States citizen, and 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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