Chapter 02 - General Provisions

41.0201 Definitions.

As used in this title: (a) The terms defined…

41.0203 Interpreter.

Any person acting as interpreter in a hearing…

41.0301 Authority.

The immigration board of American Samoa has i…

41.0302 Delegation.

The board hereby delegates all of its adminis…

41.0303 Appellate jurisdiction.

An appeal shall lie to the board from the fol…

41.0304 Original jurisdiction.

The board shall have original jurisdiction in…

41.0305 Summary dismissal of appeals.

Notwithstanding the provisions of 41.0308 of…

41.0306 Finality of decisions.

The decisions of the board shall be final exc…

41.0307 Rules of practice.

(a) The board hereby permits attorneys admitt…

41.0308 Oral argument.

Oral argument shall be heard by the board, up…

41.0309 Service of board decision.

The decision of the board shall be in writing…

41.0310 Decision of the board as precedent.

Accept as may be modified or overruled by the…

41.0311 Referral of cases to the Attorney General.

(a) The board shall refer to the Attorney Gen…

41.0312 Reopening or reconsideration.

The board may on its own motion reopen or rec…

41.0313 Notice of appeal:

(a) A party affected by a decision who is ent…

41.0314 Withdrawal of appeal.

In any case in which an appeal has been taken…

41.0315 Meetings and hearings.

All regular meetings and hearings of the boar…

41.0316 Election of chairperson.

A chairperson shall be elected by the board o…

41.0317 Attendance.

The board shall recommend to the Governor the…

41.0318 Denials and appeals.

(a) Denials and Appeals. Whenever a formal ap…

41.0319 Fees.

(a) Remittances. Fees shall be submitted with…

41.0320 Access by individuals to records maintained about them.

(a) Access to Available Records. An individua…

41.0321 Records exempt in whole or in part.

(a) When an individual requests records about…

41.0322 Fees for copies of records.

The fees charged by the office of the Attorne…

41.0323 Appeals from denials of access.

An individual who has been denied access by t…

41.0324 Request for correction of records.

(a) How made. Unless a record is exempt from…

41.0325 Records not subject to correction.

The following records are not subject to corr…

41.0326 Students.

It is the policy of the board not to allow al…

41.0327 Business license.

It is the policy of the board that all busine…

41.0328 Ministers and missionary workers.

(a) “Minister”, as used in this section, mean…

41.0329 Divorced spouses.

Any alien who has entered or remained in Amer…

41.0330 Adoptions.

For the purposes of 41.0403 and 41.0406 ASCA,…

41.0331 Permanent residents.

Upon application for an alien to become a per…

41.0401 Introduction.

The following sections describe the organizat…

41.0402 Organization and delegation.

The Attorney General has delegated to the chi…

41.0403 Places where and method whereby information may be secured or submittals for request made.

Any person desiring information relative to a…

41.0404 Application, petition, and other documents.

(a) General. Every application, petition, or…

41.0405 Denial and appeals.

Whenever a formal application or petition is…

41.0406 Working Hours.

Pursuant to 41.0505 ASCA the Attorney General…

41.0407 Forms.

The Attorney General and the immigration boar…

41.0408 Instruction to forms.

The forms listed in 41.0407 of this chapter t…

41.0409 Bonds.

(a) The Attorney General or chief immigration…

41.0501 Definitions.

For the purpose of this chapter: (a) “Alien”…

41.0502 Authority of immigration officer to prevent alien’s departure from American Samoa.

(a) No person shall depart, or attempt to dep…

41.0503 Aliens whose departure is prejudicial to the interest of American Samoa and the United States. See 8 CFR 215.3.

The departure from American Samoa of any alie…

41.0504 Procedures in case of alien prevented from departing from American Samoa.

(a) Any alien, other than an enemy alien whos…

41.0506 Hearing procedure before the board.

(a) The hearing before the board shall be con…

41.0507 Arrival-departure manifests and lists-Supporting documents arrival manifest for passengers.

(a) Vessels. The captain, master or agent of…

41.0508 Departure manifest for passengers.

The captain, master or agent of every vessel…

41.0509 Detention for examination to determine mental or physical defects detention.

When an immigration officer has reasonable gr…

41.0510 Temporary removal for inspection.

When an immigration officer at the port of en…

41.0511 Inspection of persons applying for admission-Scope of examination.

(a) General. Application to enter American Sa…

41.0512 Temporary exclusion.

Any immigration officer who temporarily exclu…

41.0601 Authority of immigration officer.

In determining cases referred for further inq…

41.0602 Hearing before the immigration board.

(a) Opening. Exclusion hearings shall be clos…

41.0603 Decision of the immigration board – Notice to the applicant.

(a) Contents. The decision of the board may b…

41.0701 Stay of deportation of excluded aliens.

The immigration officer in charge of the port…

41.0702 Notice to surrender for deportation.

An alien who has been finally excluded pursua…

41.0703 Cost of maintenance not assessed.

A claim shall be established to the satisfact…

41.0704 Notice to transportation line of alien’s exclusion.

An excluded alien shall, immediately or as pr…

41.0801 Order to show cause and notice of hearing.

(a) Commencement. Pursuant to 41.0610 of the…

41.0802 Apprehension, custody, and detention.

(a) Warrant of Arrest. At the commencement of…

41.0803 Confined aliens, incompetents, and minors.

(a) Service. If the respondent is confined, o…

41.0804 Voluntary departure prior to commencement of hearing.

(a) Authorized Officers. The authority contai…

41.0805 Waiver of right before the immigration board.

Any alien who has been advised that he/she ha…

41.0806 Cancellation of proceedings.

(a) If an order to show cause has been issued…

41.0807 Deportation hearing.

(a) Opening. The immigration board shall advi…

41.0808 Decision of the board.

(1) Contents. The decision of the board may b…

41.0809 Notice of decision.

(a) Written Decision. A written decision shal…

41.0810 Finality of order.

The order of the board shall be final and sub…

41.0811 Reopening or reconsideration.

The immigration board may upon its own motion…

41.0812 Expulsion.

Once an order of deportation becomes final fr…

41.1001 Eligibility.

Persons may apply for the status of permanent…

41.1002 Application.

Any person applying to become a permanent res…

41.1003 Order granting permanent resident status.

Upon consideration of the application by the…

41.1004 Loss of permanent residents status.

Permanent residents may lose their status if…

41.1005 Employment of aliens.

(a) No person may knowingly employ any alien…

41.1006 Becoming an American Samoa.

Pursuant to 41.0202(1)(c)(ii) ASCA the board…

41.1007 Entry permits.

(a) Any person or group traveling to American…

41.1008 Certificates of identity, stateless certificates and travel permits.

(a) Certificate of Identity. (1) A certificat…

Appendix A

Algeria3 Lesotho3 Australia3 Liechtenstein3 A…