Living in U.S. territories?

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Hannah7

Registered Users (C)
What-if you choose to live in one of the several United States territories? For example, if I moved to Puerto Rico or American Samoa, would everything remain the same for me as for LPR?

Things like - citizenship after 5 years, right to get local drivers license, unlimited work authorization (same SSN), ...

I wonder if anybody could shed some light on this topic.
 
The INA defines the United States section:

101(a) (38) The term "United States", except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

(29) The term "outlying possessions of the United States" means American Samoa and Swains Island.

American Samoa is an Outlying Possession (OLP) and has its own immigration agency and laws.
 
For green card and citizenship purposes, living in a US territory is the equivalent of living in the continental US. You can live and work there with a green card, and the time living there will count towards your required 5 years for citizenship. But note the difference between US territories and "outlying possessions" as noted by BigJoe.
 
Sweet, thanks for answering!

So since American Samoa or Swains Island have their own immigration rules, does that mean I cannot get U.S. citizenship after 5 years living on either those two places?
 
Hannah7 said:
Sweet, thanks for answering!

So since American Samoa or Swains Island have their own immigration rules, does that mean I cannot get U.S. citizenship after 5 years living on either those two places?
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That is correct. The INA calls for residence and presence in the "United States" for naturalization puposes and the United States is defined in the INA. Living elsewhere does not count except as otherwise permitted with regard to any other absence. Some specific exceptions are in the INA but that is not one of them UNLESS you are from there and apply under INA 325.
 
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BigJoe: thanks for explanation

cafeconleche:

No, I'm still outside the U.S. with reentry permit valid till summer 2012. As nearing to finish my personal stuff in France, I'm just thinking where to go next in the U.S. , considering also U.S. territories :)
 
Considering that Swains Island is private property, little source of fresh water and a brackish lagoon that serves little purpose than a breeding ground for untold millions of mosquitoes, I doubt you will be residing there.
 
One thing I would firmly advocate before you even think about moving to PR or any other US territory is what we call a PMV (Pre-Move Visit.) Stay in a small guest house or something similar for a couple of weeks and live like a local in order to get the feel of the place. Go to the local banks, the supermarkets, the stores in general, the DMV, the Post Office and see how you feel. Living in Island is different from anything you've been used to in Mainland USA and for some people it just isn't something they can get used to.In general, a person is a bona-fide resident of the possession or territory if he or she meets a presence test, has no tax home outside the U.S. territory during the tax year, and has no closer connection to the U.S. or a foreign country than to the U.S. territory that year. This determination is heavily fact-intensive.
 
Hannah7 said:
So since American Samoa or Swains Island have their own immigration rules, does that mean I cannot get U.S. citizenship after 5 years living on either those two places?
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American Samoans are themselves not citizens of the USA (they are called non-citizen nationals of the USA). In order to become US citizens for them, they need to reside in the USA for 5 years and then apply for naturalisation. Of course, they don't need a GC and they can come and go as they please since they hold US passport.
 
König said:
American Samoans are themselves not citizens of the USA (they are called non-citizen nationals of the USA). In order to become US citizens for them, they need to reside in the USA for 5 years and then apply for naturalisation. Of course, they don't need a GC and they can come and go as they please since they hold US passport.
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American Samoans are U.S, Nationals and they file for naturalization under INA 325. They only need to meet the 18 years of age and 3 months in a particular state requirements to file an N-400. All their time in their home outlying possession counts. They do not get greencards, the N-400 is the only thing they ever need to file with USCIS. Their birth certificates or U.S. Passport (annotated as Non-Citizen National) is used in place of a greencard.
 
I'm excited about this topic and your answers! The more I read the more questions I have.

1) Are American Samoans treated by the American IRS for tax purposes? If not, then there may be a big gap for U.S. people seeking to evade tax obligations.

2) People originally from third countries (We), sometimes have problem to get into the United States and get legal papers. Wouldn't it be easier to get settled in American Samoa first, get their documents, and go to the U.S from there? Seems they aren't that strict about immigration .... correct me if wrong
 
Hannah7 said:
1) Are American Samoans treated by the American IRS for tax purposes? If not, then there may be a big gap for U.S. people seeking to evade tax obligations.
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I don't think they have to pay Federal US taxes. I know Puerto Ricans who live in Puerto Rico don't. But otherwise, US citizens are subject to taxation on worldwide income regardless of where they live, so that doesn't help US citizens seeking to avoid taxations.

2) People originally from third countries (We), sometimes have problem to get into the United States and get legal papers. Wouldn't it be easier to get settled in American Samoa first, get their documents, and go to the U.S from there? Seems they aren't that strict about immigration .... correct me if wrong
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I don't think it's easy to become a citizen of American Samoa without being born there or having parents who were born there. It might even be impossible.
 
Jackolantern said:
I don't think they have to pay Federal US taxes. I know Puerto Ricans who live in Puerto Rico don't. But otherwise, US citizens are subject to taxation on worldwide income regardless of where they live, so that doesn't help US citizens seeking to avoid taxations.
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But Puerto Ricans are US citizens. Does it mean if they leave Puerto Rico and settle abroad, they need to start paying federal taxes? Then, would Puerto Rico not be a giant tax loophole for those US citizens wishing to avoid paying federal taxes?
 
BigJoe5 said:
American Samoans are U.S, Nationals and they file for naturalization under INA 325. They only need to meet the 18 years of age and 3 months in a particular state requirements to file an N-400. All their time in their home outlying possession counts. They do not get greencards, the N-400 is the only thing they ever need to file with USCIS. Their birth certificates or U.S. Passport (annotated as Non-Citizen National) is used in place of a greencard.
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It is a very interesting subject. Besides not being able to vote and be elected for government posts, is there any other disadvantages of being a non-citizen US national? Do they have to register with selective service?
 
König said:
But Puerto Ricans are US citizens. Does it mean if they leave Puerto Rico and settle abroad, they need to start paying federal taxes? Then, would Puerto Rico not be a giant tax loophole for those US citizens wishing to avoid paying federal taxes?
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I think you have to be born in Puerto Rico, or born outside the US to Puerto Rican parents, to be considered Puerto Rican for the purpose of (avoiding) US Federal taxes.
 
König said:
It is a very interesting subject. Besides not being able to vote and be elected for government posts, is there any other disadvantages of being a non-citizen US national? Do they have to register with selective service?
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They can't work in government jobs that require US citizenship (which is most Federal jobs, and some local government jobs such as police).
 
Jackolantern said:
I don't think they have to pay Federal US taxes. I know Puerto Ricans who live in Puerto Rico don't. But otherwise, US citizens are subject to taxation on worldwide income regardless of where they live, so that doesn't help US citizens seeking to avoid taxations.



I don't think it's easy to become a citizen of American Samoa without being born there or having parents who were born there. It might even be impossible.
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For more on nationals, look at INA 308. You have to born a "national" but can be a national born abroad like a USC can be born abroad.....it is based on the parents. For instance, if American Samoans move to Western Samoa their children might be U.S. non-citizen nationals born abroad.
 
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