41.0202 Definitions.

Cite as [A.S.C.A. § 41.0202]

(1) As used in this title unless the context requires otherwise:

(a) “Alien” means all persons who are not nationals or citizens of the United States of America. “Foreign” also means all persons who are not nationals or citizens of the United States of America, and may be used interchangeably with alien.

(b) “Attorney General” means the Attorney General of American Samoa or his designated representative.

(c) “American Samoan” means a person born:

(i) of American Samoan ancestry in American Samoa or in the United States; or

(ii) outside of American Samoa, but one of whose parents was born in American Samoa of Samoan ancestry and who has registered with the Board within 3 years of his eighteenth birthday, or the enactment of this section, whichever is later.

(d) “American Samoan ancestry” means lineal descendants of the inhabitants of Tutuila and Swains Islands whose permanent place of residence was American Samoa on 17 April 1900, and the inhabitants of Manu’a Islands whose permanent place of residence was American Samoa on 16 July 1904.

(e) “Board” means the Immigration Board of American Samoa.

(f) “Children” means legitimate or legitimated child, or stepchildren, or children adopted while under the age of 12 years or in relation to their mother illegitimate children provided the children are residing with their parents or stepparents.

(g) “Crewman” means a person serving in any capacity on Board a vessel or aircraft.

(h) “Immigration officer” means an employee of the immigration division of the government.

(i) “Minor” means a child or children of age 18 years or younger.

(j) “National of the United States” means either a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

(k) “Owner” means the agent, transportation line, master, commanding officer or consignee of a vessel or aircraft.

(l) “Parent” or “Stepparent” means a parent or stepparent only where the relationship exists by reason of any of the circumstances in (f) above.

(m) “Permanent resident” is a person who meets the eligibility criteria in chapter 04 of this title.

(n) “Post-secondary institution of higher learning” means an institution of post-high school instruction which certifies its graduates by conferring degrees or certificates. Such institutions are limited to, the presently existing local bible and church colleges which offer post-high school ministerial and/or pastoral training which culminates in the conferring of a degree or certification.

(o) “Spouse” does not include a spouse by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.

(p) “Permanent” means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of American Samoa or of the individual in accordance with law.

(q) “Person” means an individual, and includes a firm, partnership, joint venture or corporation where the context so requires.

(r) “Police officer” means a police officer of the government.

(s) “Residence” means a person’s principal actual place of abode, in fact, without regard to intent.

(t) “Tourist” means a person visiting American Samoa for the purposes of sightseeing, who intends to remain in American Samoa less than 30 days and who has a residence in the United States or a foreign country which he has no intention of abandoning, and who is visiting American Samoa temporarily for business or pleasure.

(2) For the purposes of this title, no person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was:

(a) a habitual drunk;

(b) a member of one or more of the classes of persons, whether excludable or not, described in 41.0615(9), (10), (11), (12), if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period:

(c) one whose income is derived principally from illegal gambling activities;

(d) one who has been convicted of 2 or more gambling offenses committed during such period:

(e) one who has given false testimony for the purpose of obtaining any benefits under this title:

(f) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of 180 days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;

(g) one who at any time has been convicted of the crime of murder or rape.

The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.

(3) For the purposes of this title any person ordered deported (whether before or after the enactment of this title) who has left American Samoa, shall be considered to have been deported pursuant to law, irrespective of the source from which the expenses of his transportation was defrayed or of the place to which he was deported.

History: 1984, PL 18-52 § 2; amd 1985, PL 19-16 § 1, amd 2004, PL 28-13.

Amendments: 1985 Subsection (1)(c)(iii): deleted.

Subsection (1)(d): word changed to correct typographical error.