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41.0617 Hardship cases.

Cite as [A.S.C.A. § 41.0617]

(a) An excludable or deportable non-American Samoan may be issued permission to remain in American Samoa if it is established to the satisfaction of the Board that he or she is a spouse of a person lawfully admitted for permanent residency, or that he or she is a child (including a minor, unmarried, adopted child) of a person lawfully admitted for permanent residency and that the exclusion of the spouse or child will result in extreme hardship to the lawful resident of his or her spouse, parent, son or daughter and the admission will not be contrary to the safety or security of American Samoa.

(b) The Board may impose such conditions and procedures as it deems advisable or necessary in granting resident status under subsection (a).

History: 1984, PL 18-52 § 2.

Case Notes:

A person who h as been “convicted of a crime involving moral turpitude committed within 5 years after any entry” is deportable; if he were outside the territory, he would be excludable as a convicted felon. A.S.C.A. § 41.0615(8), 41.0617(4). American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

American Samoa’s Attorney General may have the discretion to allow a deportable or excludable alien to return and/or remain in the territory. A.S.C.A. § 41.0617. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).