Amata Requests Visa Aid For Legal Permanent Residents

Press Release

Congresswoman Uifa'atali Amata has requested assistance with Visa requirements on behalf of Samoan residents of American Samoa who became overstayers because of pandemic circumstances outside their control, or left on a repatriation flight without being able to secure their ability to return to a U.S. jurisdiction.

On August 9, she wrote Homeland Security Secretary Alejandro Mayorkas, following that up with a similar letter to Secretary of State Antony Blinken on August 12, describing obstacles and difficulties facing these residents of American Samoa, expressing her concern, and requesting steps of resolution from these federal departments that oversee the visa program.

"I write to you with an extremely sensitive issue concerning the people of my district, American Samoa. As you are aware, American Samoa is home to Legal Permanent Residents (LPR) from the neighboring island nation of the Independent State of Samoa. Several of these LPRs were issued Non-Immigrant B1/B2 Visas, which they used to travel to the US mainland for various reasons, including visiting families and receiving much needed medical attention that they could not get in American Samoa.

"Because of the pandemic and the swift response from Governor Lolo Moliga's administration, American Samoa's borders were closed for more than a year. As a result, these LPRs were virtually stranded in the US. These strict border closures meant that these LPRs were in danger of staying past their mandatory I-94 departure date stamped on their passports. Acting on advice we received from USCIS and CBP, my office asked all who asked for help to apply for a visa extension (Form I-539). However, this process was complicated by the federal government closing its physical offices and transition to a fully online application," she stated.

"As you know, the application process for these extensions can be arduous -- with high fees and required biometric appointments. I have been informed of some people having to reapply, and pay these high fees, as many as three times. I am also concerned for the people who took the first opportunity to return to American Samoa when the new Governor, Lemanu Mauga, allowed repatriation flights to enter the territory. I am sure that you can understand that, when given the choice to go home or stay in America for a biometric appointment, people understandably chose the former," Amata continued.

"I ask you and your department for help with this issue. First, I humbly request that all pending applications for visa extensions for people from American Samoa be fully processed, and that no penalty be on their record for leaving the US before their case was adjudicated by DHS. Essentially, I am asking that these residents of American Samoa, who made every effort to comply with the law and DHS policy, not be penalized for overstaying their visas due to pandemic-related border closures that were entirely out of their control, or for missing any part of their extension application due to returning home when given the chance by the American Samoa Government," she requests.

Amata concludes, "I thank you and the hard-working people of the Departments of State and of Homeland Security for your hard work keeping our nation safe. As the Member of Congress for American Samoa, I know better than most the necessity and importance of your work. If you need more information on these cases or this request, please feel free to contact my staff."

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