A-8082608
Decided by Special Inquiry Officer February 20, 1953 Approved by the Board June 18, 1953
Status — National (but not citizen) of the United States — American Samoa — section 308(1) of the Immigration and Nationality Act.
A person born in American Samoa in 1926 is a national of the United States under section 308(1) of the Immigration and Nationality Act, such provision being retrospective in effect.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE SPECIAL INQUIRY OFFICER
(February 20, 1953)
Discussion: The respondent is a native of American Samoa, born at Olosega, Manua, American Samoa, on March 3, 1926. She applied for admission at Honolulu, T.H., on July 1, 1951 ex-SS. Gen. Howse and was excluded by a Board of Special Inquiry on August 17, 1951, under the 1924 act as an alien immigrant not in possession of a valid immigration visa and inadmissible to citizenship. She appealed from the decision to the Commissioner and the exclusion was upheld in a decision dated November 8, 1951; however, her parole status was terminated to allow her to seek adjustment of her immigration status under the provisions of section 19(c)(2) of the Immigration Act of 1917.
In the Immigration and Nationality Act, effective date December 24, 1952, section 308 states:
Unless otherwise provided in section 301 of this title, the following shall be nationals, but not citizens of the United States at birth:
(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession * * *
Section 101(a)(29) defines "outlying possessions" of the United States as including American Samoa and Swains Island. The United States, acquired what is now American Samoa by Treaty of December 2, 1899, ratified on February 16, 1900.
Respondent was married in 1947 to a native of American Samoa, T---- A----, who became a United States citizen by naturalization on December 27, 1951, at Honolulu, T.H. Findings of Fact: Upon the basis of the evidence presented, it is found:
(1) That the respondent was born on March 3, 1926, at Olosega, Manua, American Samoa;
(2) That the United States acquired American Samoa by the Treaty of December 2, 1899, ratified on February 16, 1900;
(3) That American Samoa is an outlying possession of the United States.Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under the Immigration and Nationality Act, the respondent is a national, but not a citizen of the United States;
(2) That under sections 13 and 14 of the Immigration Act of 1924, the respondent is not subject to deportation on the ground that at the time of her last entry she was an immigrant not in possession of a valid immigration visa and was not exempted from the presentation thereof by said act or regulations made thereunder.Order: It is ordered that proceedings in this case be terminated.
The Board of Immigration Appeals has directed that this case be certified to that Board and the final order will be entered in this case by the Board. You will be allowed 10 days in which to submit to this office any brief, memorandum or request for oral argument, which you desire to be transmitted with the record in this case, for consideration by the Board.
(June 18, 1953)
Upon consideration of the entire record, it is ordered that the action of the special inquiry officer in terminating proceedings be approved.