VJ Guide Proposal: Children of US Citizens, Permanent Residents, or Non-citizen Nationals

[TM92 527]

Context:

I recently stumbled onto this blog post that cites 2 Board of Immigration Appeals (BIA) decisions that deal with family-based immigrant visa petitions filed by non-citizen nationals. It also mentions that the Adjudicator's Field Manual (AFM) also cites 1 of the BIA decisions. The gist of the blog post is: non-citizen nationals (no need to have ever resided in the 50-states) = permanent residents for family-based immigrant visa petition purposes.

Quote from the AFM Section 21.2 Factors Common to the Adjudication of All Relative Visa Petitions:

Quote

(C) Status in the United States as a Non-citizen National

An American Samoan (including a Swain’s Islander), as a non-citizen national, may file a relative visa petition for a spouse, child or unmarried son or daughter under second preference (see Matter of Ah San , 15 I&N Dec. 315 (BIA 1975) ). A non-citizen national will generally present a Certificate of Identity showing United States nationality, a United States passport, or a birth certificate as evidence of his or her status in this country. Chapter 12.8 of the Inspector’s Field Manual contains additional information on non-citizen nationals.

 

Proposal:

1. On http://www.visajourney.com/content/guides/ change "Children of US Citizens or Permanent Residents" to "Children of US Citizens, Permanent Residents, or Non-citizen Nationals"
2. On both http://www.visajourney.com/content/child and http://www.visajourney.com/content/childpet change "United Stated (U.S.) citizens and lawful permanent residents" to "United Stated (U.S.) citizens, lawful permanent residents, and non-citizen nationals". Also change "lawful permanent resident" to "lawful permanent resident or non-citizen national".

Thoughts?

Edited July 21, 2018 by TM92
BIA

[nastra30 2,287]

On ‎7‎/‎20‎/‎2018 at 9:11 PM, TM92 said:

Context:

I recently stumbled onto this blog post that cites 2 Board of Immigration Appeals (BIA) decisions that deal with family-based immigrant visa petitions filed by non-citizen nationals. It also mentions that the Adjudicator's Field Manual (AFM) also cites 1 of the BIA decisions. The gist of the blog post is: non-citizen nationals (no need to have ever resided in the 50-states) = permanent residents for family-based immigrant visa petition purposes.

Quote from the AFM Section 21.2 Factors Common to the Adjudication of All Relative Visa Petitions:

 

Proposal:

1. On http://www.visajourney.com/content/guides/ change "Children of US Citizens or Permanent Residents" to "Children of US Citizens, Permanent Residents, or Non-citizen Nationals"
2. On both http://www.visajourney.com/content/child and http://www.visajourney.com/content/childpet change "United Stated (U.S.) citizens and lawful permanent residents" to "United Stated (U.S.) citizens, lawful permanent residents, and non-citizen nationals". Also change "lawful permanent resident" to "lawful permanent resident or non-citizen national".

Thoughts?

I think your proposal makes sense; it will allow for more clarity on procedures & process for affected non-citizen nationals (mainly American Samoans).

 

Now the American Samoa situation in general is just confusing. Here's my two cents on this.

• American Samoans are allowed to carry US passports which allows them to travel freely to the U.S but they are not allowed to work in the US and not allowed to sponsor family members in the [immediate relative category or in the 1st category] due to their non-citizen US national status.
• All people born in US overseas territories are conferred US citizenship upon birth except American Samoans. This is unfair to American Samoans but the story here is more complicated than whether it's fair or not. In the past when US government was conferring citizenship on all US territories some American Samoans rejected that idea because they feared they will lose their culture, their lands, their language, and their identity. This led to their status as unincorporated territory of the US.
• In present era American Somoa, not being considered US citizens is unfair to them as they are required to serve in the US military because they are nationals regardless, and most actually do serve when called upon. Some of the culture and identity some wanted to protect has gradually shifted towards a more Hawaiian/US culture than original native Samoan culture and of course there are other culture elements that still remains which I think is actually good (More like best of both worlds)
  • For instance, the independent Samoa country right next to American Samoa plays rugby; American Samoa prefer American football better
  • English spoken just as much as the native Samoa language
  • A lot American Samoans already travel to the mainland to seek citizenship and work opportunities regardless
  • They serve in the US military (to me the ultimate sacrifice one can do for a Nation)
• Most people have no idea why their US passports say U.S national and not U.S citizen. A US national is a person who is subject to the laws of the United States and this includes both citizen nationals and non-citizen nationals (AKA American Samoans).

This is a complicated matter but I which someday the US congress with make this right. Either give them full citizenship status or full independence. Just my two cents, and I'm in no way a subject matter expect of the plight of American Samoans.

 

[TM92 527]

On 8/29/2018 at 7:29 AM, nastra30 said:

American Samoans are allowed to carry US passports which allows them to travel freely to the U.S but they are not allowed to work in the US

Non-citizen nationals are automatically allowed to work in the US, https://www.e-verify.gov/faq/american-samoa/how-do-individuals-from-american-samoa-complete-form-i-9:

Quote

Employees from American Samoa working in the United States may present the same documentation as U.S. citizens for completion of Section 2.

On 8/29/2018 at 7:29 AM, nastra30 said:

A US national is a person who is subject to the laws of the United States and this includes both citizen nationals and non-citizen nationals (AKA American Samoans).

The Immigration and Nationality Act is a reason for the difference:

Quote

For employment eligibility verification purposes the “United States” is defined in the Immigration and Nationality Act (INA) as the continental United States (including the District of Columbia), Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands. Although American Samoa is a U.S. territory, it is not included in this definition, and is subject to its own territorial immigration laws rather than the INA.

On 8/29/2018 at 7:29 AM, nastra30 said:

Either give them full citizenship status or full independence. Just my two cents, and I'm in no way a subject matter expect of the plight of American Samoans.

^^I agree 100%. But I'm also not an expert

Edited August 30, 2018 by TM92

[TM92 527]

On 7/20/2018 at 6:11 PM, TM92 said:

Thoughts?

@Captain Ewok: Any thoughts on this proposal?

[TM92 527]

On 8/30/2018 at 11:23 AM, TM92 said:

Non-citizen nationals are automatically allowed to work in the US, https://www.e-verify.gov/faq/american-samoa/how-do-individuals-from-american-samoa-complete-form-i-9:

Quote

Employees from American Samoa working in the United States may present the same documentation as U.S. citizens for completion of Section 2.

Just adding the reason for this:

Section 101(a)(3) of the INA defines as an “alien” any person who is “not a citizen or national of the United States.” Therefore, although non-citizen nationals are not U.S. citizens, they are also not aliens. INS Interp. Ltr. 325.1(a)(2) explains that non-citizen nationals “are entitled to free entry into the United States in a manner comparable to that enjoyed by citizens.” Non-citizen nationals are not subject to provisions of the INA that pertain to aliens such as those concerning removal, deportation, inadmissibility, employment authorization, and others. Under IIRIRA 401(d)(6), non-citizen nationals are treated the same as citizens with regard to employment verification.