41.0404 Application, petition, and other documents.

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(a) General. Every application, petition, or other document submitted on the forms prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the rules requiring its submission. The native form of a name may also be required if such a document has been executed in an anglicized version thereof. A parent, guardian or other adult having a legitimate interest in a person who is under 14 years of age may file on such a person’s behalf; a guardian of a mentally incompetent person may file on such a person’s behalf. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths.

Applications or petitions received in the office or the office of the Attorney General relative to immigration matters shall be stamped to show the time and date of actual receipt and shall be regarded as filed when stamped unless they are returned because they are improperly executed or for other reasons cannot continue to be accepted.

(b) Evidence. Each application or petition shall be accompanied by the documents required by the particular section of the rule under which submitted. All accompanying documents must be submitted in the original and will not be returned unless accompanied by a copy. Except as otherwise provided a copy accompanied by an original will be accepted only if the accuracy of the copy has been certified by an immigration officer who has examined the original. A foreign document must be accompanied by an English translation in accordance with the instructions on the application or petition form. A translator must certify that he/ she is competent to translate and that the translation is accurate. If any required documents are unavailable, church or school records, or other evidence pertinent to the facts in issue, may be submitted. If such documents are unavailable, affidavits may be submitted. The immigration office may require proof of unsuccessful efforts to obtain documents claimed to be unavailable. The office may also require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of any necessary investigation. When any statement is taken from a person and that statement is signed by him/her, he/she shall be furnished a copy thereof, on request, without fee. Any allegations made in addition to, or in substitution for, those originally made shall be under oath and filed in the same manner as the original application, petition, or other document or noted on the original application, petition, or the document and acknowledged under oath thereon. The status of an applicant or petitioner who claims that he/she is lawfully present in American Samoa will be verified from official records of the immigration office. Under the conditions hereinafter prescribed, the term “official records” as used herein includes files of the Office of the Attorney General and the immigration office, arrival manifests, arrival records, office index cards, forms, files, passports, and reentry permits.

(c) Inspection of Evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as hereinafter provided. If the decision will be adverse to the applicant or petitioner on the basis of derogatory evidence considered by the office and of which the applicant or petitioner is unaware, he/she shall be advised thereof and offered an opportunity to rebut it and present evidence in his/her behalf before a decision is rendered, except that classified evidence shall not be made available. Any explanation, rebuttal, or evidence presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding. A determination of statutory ineligibility shall not be valid unless based on evidence contained in the record of proceeding. In exercising discretionary power when considering an application or petition, the immigration officer, in any case in which he/she is authorized to make the decision, may consider and base the decision on information not contained in the record not made available for inspection by the applicant or petitioner; provided, that the Attorney General has determined that such information is relevant and is classified. Whenever he/she believes he/she can do so consistently with safeguarding both the information and its source, the Attorney General should direct that the applicant or petitioner be given notice of the general nature of the information and the opportunity to offer opposing evidence. The Attorney General’s authorization to use such classified information shall be made a part of the record. A decision based in whole or in part on such classified information shall state that the information is material to the decisions.

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