Chapter 10 - Non-Immigrant Student Permit 41.1001 Definitions

As used in this chapter, unless the context clearly indicates otherwise:

(A) Non-Immigrant Student means an alien having a residence in a foreign country which he or she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter American Samoa temporarily and solely for the purpose of pursuing a course of study at an approved college, university, seminary, conservatory, medical school, trade school, private academic school, language training program or other academic institution approved by the Attorney General.

 

(B) The terms “admission” and “admitted” mean, with respect to an non-immigrant student, the lawful entry of the non-immigrant student into American Samoa after inspection and authorization by an immigration officer.

(C) The term "Eligibility Status" means full compliance with the academic institution's terms, conditions and responsibilities.

(D) The term “Designated Student Officer (DSO)” means the official designated by an approved academic institution  responsible for reporting a non-immigrant student's eligibility status to the Attorney General.

(E) The term “immigration laws” includes this chapter and all laws, conventions, and treaties of American Samoa relating to the immigration, exclusion, deportation, expulsion, or removal of aliens.

(F) The term “passport” means any travel document issued by competent authority showing the bearer’s origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.

(G) The term “Attorney General” means the Attorney General of American Samoa.

(H) The term “immigration officer” means any employee or class of employees of the American Samoa Immigration Office designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.

(I)The term “Sponsor” means an academic institution approved by the Attorney General requesting a non-immigrant student permit for an individual to enter American Samoa solely for the purpose of study.

41.1002 Eligibility for admission

(a) Every non-immigrant student who applies for admission to the Territory of American Samoa must establish that he or she is eligible for admission to American Samoa. Upon application for admission, a non-immigrant student must present a valid passport and valid non-immigrant student permit.

(b) Every non immigrant student must present a valid letter of acceptance for study from an academic institution approved by the Attorney General(c) Every non immigrant student must present a host agreement for housing and or lodging

(d) At the time of admission every non-immigrant student must also agree to depart American Samoa at the expiration of his or her authorized period of admission stay, or upon abandonment of his or her authorized student eligibility status.

(e) At the time a student alien applies for admission, he or she must post a bond in the sum of not less than $500, to ensure the maint- nance of his or her student status and departure from American Samoa.

(f) The non-immigrant student must provide documentary evidence of financial support in the amount required to meet housing, tui- tion and living expenses for one academic school year.

(g) The non-immigrant student has documentary evidence of medical health insurance;

(h) The non-immigrant student is prohibited from employment in American Samoa while a student.

(i) The non immigrant student conforms to all provisions of the laws of American Samoa.

41.1003 Authorization to issue non immigrant student permit

The Attorney General of American Samoa is authorized to issue non immigrant student permits, subject to the requirements of this chapter, for the purpose of entry of persons into American Samoa for purposes of study at educational institutions approved by the Attorney General

41.1004 Requirement for a host in American Samoa—Penalty.

(a) Each application for a non-immigrant student permit shall be supported by an affidavit from a host stating his/her ability and will- ingness to provide housing and lodging facilities for a non-immigrant student during his/her stay in American Samoa, for a charge. (b) A host who provides housing and lodging facilities for a charge shall submit with his/her affidavit a copy of his/her business license and rent agreement with the guest worker, stating, among other things, the term of the agreement, the monthly rental payment, the facilities provided, and other such information the Attorney General by regulation may require.

(c) A host shall not require from a non-immigrant student, through use of coercion, duress, force or threat of deportation, anything of value over and above the agreed upon rental rate.

(e) Anyone who violates subsections (c) above shall be guilty of a class A misdemeanor for the first violation, and a class D felony for each subsequent violation.

(f) Anyone who provides a false affidavit or false information under subsections (a) and (b) of this section shall be guilty of a class B misdemeanor.

41.1005 Duration of status

(a)A non immigrant student is admitted only during the time period which he or she is pursuing a full course of study at an educa- tionali institution approved by the Attorney General. The student is considered to be maintaining status if he or she is making normal progress toward completing a course of study.

(b) A non immigrant student who has completed a course of study will be allowed an additional 60 day period to prepare for departure from American Samoa. A non immigrant student authorized by the DSO to withdraw from classes will be allowed a 15-day period for departure from American Samoa. However, a non immigrant student who fails to maintain a full course of study without the approval of the DSO or otherwise fails to maintain status is not eligible for an additional period for departure.

41.1006 Issuance of non-immigrant student permit

Non-immigrant student permits may be issued only upon the satisfaction of the following requirements:

(a) That the sponsor presents a completed application for each non-immigrant student to the Attorney General with a certification that the non-immigrant student has fully complied with the approved sponsor’s rules and regulations for academic admission eligibility status, and other information that the Attorney General by regulation may require;

(b) That the Attorney General examines and certifies to the Governor that he/she has reviewed each application, that the requirements of this chapter have been satisfied, and that the non-immigrant student complies with the academic admission rules and regulation of the approved sponsor

(c) That the Governor has consented to the issuance of each non immigrant student permit and has reported to the Legislature of American Samoa for its review:

(1) The number of permits to be issued;

(2) That he has approved the issuance of such permits; and

(3) The names of approved academic institution sponsors under which they are issued.

41.1007 Authority of the Governor to implement moratorium

The Governor of American Samoa is granted the authority to place a moratorium on the issuance of non-immigration student permits upon his/her determination that any of the following has occurred:

(a) That the influx of non-immigrant students has placed an unbearable strain on the resources, utilities, infrastructure or basic services of American Samoa;

(b) That the non-immigrant student permits have been abused and misused, leading to undesired negative results; or (c) That the further issuance of said permits will not be in the best interest of American Samoa.

41.1008 Non-immigrant student spouses and children not included in permit. Eligibility for residence status

(a) Each person who is granted permission to enter American Samoa on a non-immigrant student permit is not entitled to inclusion of his/her immediate relatives for sponsorship under the non immigrant student permit.

(b) Non-immigrant students shall not become eligible for residence status in American Samoa under chapter 03 of this Title.

41.1009 No board approval necessary for non-immigrant student permits

Because it is the intent of this law to provide a more efficient and expeditious means of providing non-immigrant students to the ap- proved academic institutions within the territory, non-immigrant student permits do not require the approval of the Immigration Board.

41.1010 Authority to adopt rules

The Attorney General shall adopt administrative rules pursuant to 4.1001 et seq., to implement the provisions of this chapter.

41.1011 Certificate-Personal possession required

(a) Every non-immigrant student residing in American Samoa shall at all times carry with him/her and have in his/her personal posses- sion any valid certificate of alien registration receipt card issued to him/her pursuant to this chapter.

(a) Every non-immigrant student residing in American Samoa shall at all times carry with him/her and have in his/her personal posses- sion any valid student identification card issued to him/her by an approved academic institution pursuant to this chapter.

41.1012 Change of address

The designated student officer of any approved academic institution shall notify the Attorney General within 14 days of arrival in writ- ing every non immigrant student's current address and any additional information as may by regulation be required by the Attorney General; and shall notify the Attorney General in writing whenever there is a change in his/her address, within 5 days of that change. Failure to comply with this section may subject the non-immigrant student to immediate revocation of his/her permit.

41.1013 Abrogation of relevant laws

This law does not abrogate relevant provisions of other laws, except as specifically included herein.

(b) Any guest worker who fails to comply with this section shall be guilty of a class B misdemeanor

41.10915 Non-immigrant student spouses and children not included in permit. Eligibility for residence status

(a) Each person who is granted permission to enter American Samoa on a non-immigrant student permit is not entitled to inclusion of his/her immediate relatives for sponsorship under the nonimmigrant student permit. (b) Non-immigrant students shall not become eligible for residence status in American Samoa under chapter 03 of this Title.

41.10010 No board approval necessary for non-immigrant student permits

Because it is the intent of this law to provide a more efficient and expeditious means of providing non-immi- grant students to the approved academic institutions within the territory, non-immigrant student permits do not require the approval of the Immigration Board.

41.1016 Authority to adopt rules

The Attorney General shall adopt administrative rules pursuant to 4.1001 et seq., to implement the provisions of this chapter.

41.1017 Certificate-Personal possession required

(a) Every non-immigrant student residing in American Samoa shall at all times carry with him/her and have in his/her personal possession any valid certificate of alien registration receipt card issued to him/her pursuant to this chapter.

(a) Every non-immigrant student residing in American Samoa shall at all times carry with him/her and have

in his/her personal possession any valid student identification card issued to him/her by an approved academic institution pursuant to this chapter.

(b) Any guest worker who fails to comply with this section shall be guilty of a class B misdemeanor

41.1018 Change of address

The designated student officer of any approved academic institution shall notify the Attorney General within 7 days of arrival in writing every non-immigrant student’s current address and any additional information as may by regulation be required by the Attorney General; and shall notify the Attorney General in writing whenever there is a change in his/her address, within 5 days of that change. Failure to comply with this section may subject the non-immigrant student to immediate revocation of his/her permit.

41.1020 Abrogation of relevant laws

This law does not abrogate relevant provisions of other laws, except as specifically included herein.