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41.0408 Sponsors for persons permitted to remain.

Cite as [A.S.C.A. § 41.0408]

(a) Every person who applies for permission from the Board to remain in American Samoa is required to have a sponsor.

(b) The following persons are eligible to act as sponsor:

(1) all American Samoans, and nationals of the United States;

(2) any partnership or corporation authorized to do business in American Samoa.

(c) Persons sponsoring aliens for domestic purposes shall comply with the following requirements:

(1) Persons may be sponsored for the purpose of domestic work, including agricultural labor, provided the Board is satisfied of the need for the domestic help and of the lack of permanent residents for such employment and the person is within the numerical limitations established in chapter 03. No person may sponsor more than one person for domestic work unless it is clearly established to the satisfaction of the Board that more than one domestic worker is necessary by reason of age or infirmity of the sponsor or a member of his family, and no person may sponsor more than one person for agricultural work unless the Board is satisfied that the sponsor needs the additional workers and can afford their care in all ways while they are in American Samoa;

(2) Where a person sponsors more than one alien for domestic or agricultural work without approval of the Board gained after satisfaction of the foregoing criteria, the additional aliens shall be subject to termination of sponsorship and deportation from the territory;

(3) All aliens sponsored for domestic or agricultural purposes shall reside with their sponsors. Failure to comply shall be grounds for termination of sponsorship and deportation.

(d) Persons may be sponsored for purposes of other employment provided the Board is satisfied of the need and of the lack of permanent residents for such employment, and the person is within the numerical limitations established in chapter 03. The Board furthermore shall have the right to limit the number of aliens sponsored for other employment by a sponsor as dictated by the circumstances.

(e) A sponsor shall be responsible for all medical bills, taxes, transportation, to the alien’s native country, educational costs, legal expense of the public defender, and other public debts of the alien and dependents.

(f) Any person sponsoring another must reside in American Samoa during the period of sponsorship. Should it appear to the Board that the sponsor has departed from American Samoa for an indefinite period of time, the person sponsored may have his permission to remain revoked. A sponsor shall lose his authority to sponsor a person if he fails to pay all costs as established by (e) above, or if he resides outside American Samoa in excess of 3 consecutive months.

(g) A sponsor may revoke his sponsorship or terminate the employment of any person sponsored by giving written notice to the Board and to the person sponsored.

(h) Sponsorship of persons may be transferred from one employer to another provided the board is satisfied of the need and of the lack of permanent residents for such employment.

(i) Unless otherwise noted, persons who are in American Samoa and are sponsored shall have the right to remain in American Samoa for up to 20 days following revocation of sponsorship or termination of employment; the Board may order deportation in less than ten days for cause pursuant to chapter 06. The sponsor’s obligations under subsection (e) above shall continue during this period.

(j) Persons who are in American Samoa and subjected to domestic or family violence by his or her sponsor or that sponsor’s household or family members shall have the right to remain in American Samoa for up to 45 days following revocation of sponsorship or termination of employment. To qualify as someone “subjected to domestic or family violence” the court must make a specific finding as such.

(k) Should an alien have a case pending against his or her sponsor, the alien may remain in American Samoa until a judgment has been reached in his or her case.

History: 1984, PL 18-52 § 2; amd 1988 PL 20-56; amd 2004, PL 28-16.

Case Notes:

Alien whose sponsor had moved out of the territory was left without a sponsor and would appear to have had the right to remain in the territory for only ten days. A.S.C.A. § 41.0408(I). Rakhshan v. Immigration Board (Mem.), 13 A.S.R.2d 25 (1989).

Although the Immigration Board may revoke a sponsorship without a sponsor’s permission, no statutory provision requires it to approve a sponsorship’s termination or give it the power to impose conditions on a sponsorship’s termination. A.S.C.A. § 41.0408(f), (g). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).

Because a sponsor need not give the reasons for revoking a sponsorship, aliens facing deportation are not entitled to access to the Immigration Board’s confidential documents in order to determine if the sponsorship was revoked for the “wrong reasons.” A.S.C.A. § 41.0408(g). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).