41.0401 Exclusion of persons not Nationals of the United States.

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(a) The Immigration Board is authorized to exclude any person who does not qualify as a National of the United States, or as a spouse or child of an American Samoan, unless the person establishes to the satisfaction of the Board that:

(1) he is of good moral character;

(2) he offers a skill or expertise not readily available in the American Samoan community and the skill or expertise is needed in American Samoa;

(3) an alien has a local sponsor as required by this title and the rules of the Board;

(4) he will not become a financial burden on any Samoan family or the Government; and

(5) he is not excludable nor deportable under chapter 06 of this title.

(b) Notwithstanding subsection (a), the Board is authorized to allow cultural and family interchanges between persons in American Samoa and Western Samoa, on such terms and conditions as the Board shall determine necessary, and within the numerical limitations of chapter 03.

History: 1984, PL 18-52 § 2.

Case Notes:

Person who loses the status on which his permit to enter the Territory was based is presumed not to be entitled to remain, and may rebut such presumption only by showing that he is of good character, has a local sponsor, is not likely to be a financial burden on Samoa, and offers a needed skill or expertise not readily available in American Samoa. A.S.C.A. § 41.0401. Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).