Path to U.S. Citizenship for American Samoans: Understanding the Legal Framework

Understanding the legal pathways for American Samoans to become U.S. citizens is crucial for those seeking full citizenship rights in the United States. American Samoa is an unincorporated U.S. territory, which means its residents are U.S. nationals but not U.S. citizens by birth unless they take additional steps. This article will explore the various routes and requirements for American Samoans to pursue U.S. citizenship.

Birthright Citizenship (American Samoans Are Not U.S. Citizens by Birth)

It is important to clarify the status of American Samoans: they are U.S. nationals but not U.S. citizens by birth. This distinction grants them certain rights, such as the freedom to live and travel within the United States, but it also limits their full citizenship rights. U.S. nationals residing in American Samoa can apply for U.S. citizenship through the naturalization process.

Path to Citizenship: Naturalization

The primary route for American Samoans to achieve U.S. citizenship is the naturalization process. This process involves several key steps and requirements:

Eligibility: You must be at least 18 years old and have been a U.S. national (non-citizen) for at least five years, or three years if you are married to a U.S. citizen. Continuous Residency: Prove that you have continuously resided in the U.S. during the time required for eligibility. Good Moral Character: Demonstrate good moral character for the duration required. Language Proficiency: Must pass the English language and civics tests. Application Process: Submit Form N-400 Application for Naturalization and attend an interview.

Legislation and Uncertainty

There have been legislative discussions regarding the citizenship status of American Samoans, but as of August 2023, they remain U.S. nationals. Changes in legislation could potentially alter this status, making it important to stay updated on any developments in this area.

Additional Considerations for Non-U.S. Citizens

If you are not a U.S. citizen and are currently not in the U.S., the process can be different. First, you will need to naturalize in the United States or one of its other territories that are not American Samoa. Once you have obtained U.S. citizenship, you can then follow the procedures outlined above for American Samoans to transition to U.S. nationality.

Consulting Legal Experts

Given the complex legal landscape, it is advisable to consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for specific guidance and assistance. These experts can help navigate the intricate details of the naturalization process and ensure all requirements are met to successfully obtain U.S. citizenship.

U.S. citizens who have U.S. nationals from American Samoa in their family and are considering ways to support them may also benefit from these resources and tips. Understanding and implementing these legal pathways can make a significant difference in the lives of American Samoans seeking full U.S. citizenship rights.