Experienced Immigration Attorney —

According to section 308 of the Immigration also Nationality Act, certain Individuals born in American Samoa or Swains Island Could be U.S. Nationals, but not U.S. Citizens, at birth.

There is also a category of men from the Commonwealth of the Northern Mariana Islands who’d a chance to opt without citizenship for nationality.

Amongst these concerns are naturalization, and the submitting of family based petitions for relatives, obtaining evidence of status.

The INA only comprises provisions for family based immigrant visa applications submitted by U.S. Citizens and permanent residents.

This left open the question of if an immigrant visa petition could file.

In the Matter of Ah San, 15 I&N Dec. The Board held that a noncitizen has At least the rights of an unknown legally admitted for permanent residence when he or she never resided in the US.

The Board followed its previous ruling on the Matter of B, 6 I&N Dec.555 it held the noncitizen nationals could petition under the same provisions as residents for relatives.

Both of these decisions prove that noncitizen nationals might request for unknown relatives under the provisions available for permanent residents to request for unknown relatives, also need not reside or have resided in the US so as to file such a petition.