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Permanent Residence by Long Residence, Adoption or Family Link

American SamoaLong-term residence

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 exact status does accumulated residence lead to?

Permanent resident status in American Samoa, a territorial status that is neither United States permanent residence nor United States nationality. It is granted by the American Samoa Attorney General under A.S.C.A. Title 41, who, once satisfied that the applicant is entitled to permanent residence status, issues a certification that the applicant is a permanent resident of American Samoa. Four separate bases lead to it: long residence, adoption by an American Samoan, long marriage to an American Samoan or United States citizen, and long residence combined with a qualifying family preference.

See recorded sources
  • A.S.C.A. 41.0403(a)
    The following persons shall be entitled to apply for permanent resident status:
  • A.S.C.A. 41.0403(a)(2)
    any person who at the time of being legally adopted by an American Samoan was 21 years of age or younger

What qualifying residence period is required and when does the period begin?

It depends which door you use, and the gap between them is large. On the general route it is 20 years: any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character. On the marriage route it is 10 years: 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. On the family-preference route it is also 10 years, for 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. Adoption by an American Samoan carries no residence requirement at all: the test there is age at adoption - 21 years of age or younger, or adoption before 31 December 1980.

See recorded sources
  • A.S.C.A. 41.0403(a)(1)
    any person who is physically and legally present in American Samoa for a continuous period of at least 20 years and of good moral character;
  • 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;
  • 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.

Which types of residence count fully, partially or not at all where the official rules specify this?

Only lawful presence counts. The 20-year test requires physical and legal presence in American Samoa, and section 41.0403(a)(1) is strictly applied to applicants qualifying under Section 41.0301, so all days, months and years they were present in American Samoa before Immigration Board approval are not considered legal presence. Except when authorised by the Attorney General, an alien who has failed to register under this title is not entitled to apply for permanent resident status. Years spent in American Samoa as a guest worker are not counted towards an application under section 41.0403.

See recorded sources
  • A.S.C.A. 41.0301(g)
    thus all accumulated days, months, and years those applicants were present in American Samoa prior to the Immigration Board approval shall not be considered as "legally present in American Samoa".
  • A.S.C.A. 41.0403(c)
    Except when authorized by the Attorney General, no alien who has failed to register pursuant to this title is entitled to apply for permanent resident status.
  • A.S.C.A. 41.0912(c)
    the years that he/she spent in American Samoa as a guest worker shall not be counted towards his/her application for permanent residence status pursuant to the provisions of section 41.0403

What absence/continuity rules affect accumulation of the qualifying residence period?

Continuous period means uninterrupted residence in American Samoa except for periods not exceeding 3 consecutive months, so a single absence longer than three consecutive months breaks the 20-year continuity.

See recorded sources
  • A.S.C.A. 41.0403(a)(1)
    "continuous period" means uninterrupted residence in American Samoa except for periods not to exceed 3 consecutive months;
  • A.S.C.A. 41.0405(a)
    Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without authorization from the Attorney General.

What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?

The official forms list identifies IB 101 as the application for permanent residence. The permanent-resident procedure requires the applicant and sponsor to appear; sponsor nonappearance can lead to denial or delay. Permanent residents may lose status if they reside outside American Samoa for more than six months without authorisation from the Attorney General.

See recorded sources
Limits of the record
  • The appearance provision names the board, while its amendment annotation replaces that reference with the Attorney General or designee; the competent decision-maker needs reconciliation.
  • The amendment annotation also states that a bond must still be posted after a grant. Fees, any waiver, full revocation and retention rules, and order of consideration remain unestablished.
  • ASAC 41.0407 Forms
    r 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 Permanent Residence IB 102 Order Granting Permanent Resident Status IB 103 Application for Becoming an American Samoan IB 104 Application for Students 41.0409 Bonds 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 fina
  • ASAC 41.0331 Permanent residents
    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 "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 Pr
  • A.S.C.A. 41.0405(b)(2)
    oss of permanent resident status. (a) Permanent residents may lose their status if they reside outside American Samoa for a period in excess of 6 months without authorization from the Attorney General. (b) The Attorney General may revoke the permanent resident status of any non-American Samoan permanent resident if that person is: (1) a convicted felon; (2) a person who has been convicted of 2 or more crimes regardless of whether the conviction was in a single trial or whether the offense has arisen from a single scheme or misconduct and regardless of whether the offense involves moral turpitude; (3) a person who has been convicted of a crime involving moral turpitude or admits committing acts which constitute the essential elements of such a crime: except a pe

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

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