(a) Remittances. Fees shall be submitted with any formal application or petition prescribed in this chapter and shall be in the amount prescribed by law or rule. When any discretionary relief in exclusion or deportation proceedings is granted absent an application and fee therefor, the chief immigration officer shall require the filing of the application and the payment of the fee. Every remittance shall be accepted subject to collection. A charge of $5 will be imposed if a check in payment of the fee is not honored by the bank on which it is drawn. A receipt issued by an officer for any such remittance shall not be binding if a remittance if found uncollectible. Remittances must be drawn on a bank or other institution located in American Samoa or the United States and be payable in United States currency. Fees in a form of postage stamps shall not be accepted. Remittance shall be made payable to the “Treasurer-American Samoa Government.” If application is submitted from outside American Samoa and the United States, remittance may be made by bank international money order or foreign draft drawn on a financial institution in American Samoa or in the United States and payable to “Treasurer of American Samoa Government” in United States currency.

(b) Amounts of fees. The following fees and charges are prescribed:

(1) the fee for a case of original jurisdiction before the board shall be $5 unless otherwise provided below;

(2) the fee for an appeal to the board shall be $15;

(3) a fee of $25 shall be charged for the following applications: permanent residency, all priorities under 41.0301 and 41.0303 ASCA; and

(4) a fee of $15 shall be charged for the following application: temporary or seasonal workers; a lost, stolen, destroyed, mutilated registration receipt card, a new registration receipt card for a name change; and application for extension of time to remain under numerical limitations.

(c) Waiver of Fees. Except as otherwise provided in this subsection and in 41.0313 of this chapter, any of the fees prescribed in subsection (b) of this section relating to applications, petitions, appeals, motions, or requests may be waived in any case in which the alien or other party affected is unable to pay the prescribed fee if he/she files his/her affidavit asking for permission to prosecute without payment of fee, the application, petition, appeal, motion or request, and stating his/her belief that he/she is entitled to or deserving of the benefit and the reasons for the inability to pay. The chief immigration officer or the board may, in its discretion, grant the waiver of fee.

History: Rule 3-86. eff 7 Dec 86.