American Samoa Family Residence in 2026

American Samoa's current government immigration portal recognizes family-based residency as one of the Territory's two mainstream residency-petition tracks. Foreign nationals applying through a qualifying family relationship use Form P-12, while employment-based applicants use P-45.

Family residence is territorial immigration status. It is not the same as a U.S. immigrant visa or federal green card, and family eligibility in the U.S. immigration system does not by itself grant the right to reside in American Samoa.

Current P-12 application process

The Department of Legal Affairs residency page instructs family-based applicants to use P-12, Family-Based Immigration.

The current published charges are:

| Item | Published amount | |---|---:| | Family-based residency application | $75 USD | | Immigration ID card | $30 USD | | Immigration bond | Varies by country of origin |

The bond is required after approval and is based on the applicant's country of origin. The government does not publish one universal bond amount on the main service page.

Approval must come before entry for the residency petition

The Department of Legal Affairs states that family-based and employment-based residency petitions must be completed, submitted and approved before the petitioner enters American Samoa for the approved residence purpose.

A short visitor permit therefore should not be treated as a substitute family-residence status.

Which family relationships matter?

American Samoa's statutory framework contains several family preference classes and exceptions. A.S.C.A. § 41.0301 defines “immediate relatives” for the numerical-limitation rule as:

  • children of an American Samoan;
  • spouses of an American Samoan; and
  • parents of an American Samoan, where the American Samoan is at least 21 years old.

Those immediate relatives are excluded from the general numerical limitations in that section if otherwise qualified for registration.

A.S.C.A. § 41.0303 separately gives preference treatment to categories including:

  • spouses and unmarried sons or daughters of a person lawfully admitted to American Samoa as a permanent resident;
  • brothers and sisters of qualifying American Samoans in a specified preference class;
  • married sons or daughters of American Samoans; and
  • accompanying or following-to-join spouses or children in certain preference cases.

The exact classification matters because quota treatment and order of consideration can differ.

Sponsor requirement

Territorial law generally requires a sponsor for a person applying for permission to remain. A.S.C.A. § 41.0408 says eligible sponsors include American Samoans, U.S. nationals, and partnerships or corporations authorized to do business in American Samoa.

For family cases, the real sponsor and qualifying relationship should match the P-12 petition and the statutory category claimed. Immigration can require documentary proof of identity and relationship.

The sponsor also assumes substantial financial responsibilities under the territorial statute, including responsibility for specified public debts and repatriation-related costs.

Documents

The current public P-12 service page identifies the form, fees and bond but does not publish one exhaustive document checklist for every family classification. Depending on the relationship, applicants should expect to establish:

  • identity and nationality;
  • the qualifying family relationship through civil records;
  • the sponsor's American Samoan, U.S.-national, citizen or permanent-resident status as applicable;
  • admissibility and registration compliance;
  • required local and foreign clearances where requested; and
  • bond arrangements after approval.

Foreign civil records may need to meet Immigration's authenticity requirements. Applicants should obtain the current P-12 instructions from the Immigration Office rather than relying on an unofficial checklist.

No universal income threshold is published on the current P-12 page

The current Department of Legal Affairs residency page does not state one universal minimum income or savings amount for P-12 family residency.

That does not mean finances are irrelevant. Sponsorship carries statutory financial responsibilities, and Immigration can examine whether the person is likely to become a financial burden. The correct approach is to document the actual sponsor's capacity and follow the current P-12 instructions rather than inventing a fixed income threshold.

Processing time

The current government P-12 service information does not publish a universal processing-time guarantee.

Do not import the 3–5-business-day visitor-permit filing window or the foreign-investor statute's 15-day decision rule into family cases. Family petitions can involve classification, clearances, relationship verification, quota questions, Board review and bond formalities.

Can a spouse work automatically?

Do not assume family residence automatically authorizes employment.

A.S.C.A. § 41.0410 separately provides that an alien may not seek or become employed without prior written approval of the Immigration Board, subject to specific statutory exceptions. A family-residence holder who wants to work should obtain current Immigration guidance on the employment approval required for that person's classification.

Family residence versus permanent residence through marriage

Family-based residence and territorial permanent residence are different stages.

A.S.C.A. § 41.0403 provides one permanent-residence eligibility basis for a person who has been legally married to an American Samoan or U.S. citizen and has resided in American Samoa for at least 10 years. That does not make a newly approved P-12 petition permanent on day one.

See the permanent residence guide for the long-term statutory routes.

Divorce or loss of relationship status

Territorial immigration status can depend on the relationship that supported entry or stay. A.S.C.A. § 41.0407 says that when a person ceases to hold the matrimonial or other status that entitled the person to remain, the person is treated as seeking entry from the date of that change and must notify the Attorney General within 15 days.

This makes divorce, annulment, sponsor withdrawal or another material relationship change an immigration issue that should be addressed promptly with the Immigration Office.

Children and schooling

Children's immigration treatment depends on their own classification and the principal's status. Territorial law contains special provisions for children and family preference categories, and there is also a narrow waiver provision for minor children of qualifying foreign post-secondary students.

Do not assume a child can remain indefinitely merely because a parent is lawfully present. Each person's registration/status should be confirmed.

Family members of guest workers

The special guest worker permit has its own restrictive family rule. A.S.C.A. § 41.0912 says immediate relatives are not included under the guest-worker permit.

A guest worker's spouse, children, siblings or parents therefore cannot rely on the principal's guest-worker permit as their automatic immigration status.

Family members of foreign investors

The foreign investor permit uses a different statutory structure. The investor entry permit can include the qualifying investor's spouse and up to two dependent children under the statutory definition, subject to the investor-permit requirements.

That investor family inclusion should not be confused with the ordinary P-12 family-residence system.

Numerical limits and preference categories

American Samoa law maintains numerical limitations for many aliens. The ordinary statutory limit in A.S.C.A. § 41.0301 is subject to exceptions and special rules, including separate historical provisions for persons born in Samoa and exemptions for immediate relatives and certain other groups.

Because quota availability and statutory exemptions are classification-specific, applicants should not rely on a generic “family visa quota” number without determining the exact P-12 preference category.

Common mistakes

  • assuming U.S. family immigration law automatically controls American Samoa residence;
  • entering as a visitor before a required P-12 residence petition is approved;
  • assuming every family relationship is exempt from numerical limits;
  • using an unofficial fixed bond amount instead of the country-specific government schedule;
  • assuming P-12 automatically grants work authorization;
  • ignoring status consequences after divorce or sponsor withdrawal; and
  • treating initial family residence as immediate territorial permanent residence.

Frequently asked questions

What form is used for American Samoa family residence?

The current Department of Legal Affairs page uses Form P-12 for family-based immigration.

What are the government fees?

The current public page lists a $75 application fee and $30 immigration ID-card fee, plus a bond that varies by country of origin.

How long does family residence take?

The current P-12 service page does not publish a universal processing-time guarantee.

Can I apply after arriving as a tourist?

The current government residency page says the family residency petition must be completed, submitted and approved before the petitioner enters American Samoa for that residency purpose.

Does marriage create permanent residence immediately?

No. The territorial permanent-residence statute has separate criteria. One marriage-based eligibility provision requires marriage to an American Samoan or U.S. citizen plus at least 10 years of residence in American Samoa.

Related American Samoa routes

See the American Samoa immigration hub, employment residence, permanent residence, and visitor permit. Explore the Oceania hub and /visa-types directory for wider comparisons.

Verified against current American Samoa Government immigration material and Title 41 on 15 September 2026. This page has not been legally reviewed.

Official and supporting sources

Related routes in American Samoa