In the Matter of the Naturalization Of: Dr. Tien Lop Lee v. United States

The sole question on appeal is whether an American citizen who is employed by the Government of American Samoa (“AS”) is “in the employment of the Government of the United States” within the meaning of 8 U.S.C. § 1430 (b), thereby entitling her hus band to qualify for naturalization without meeting the three-year period of residency in the United States prescribed by 8 U.S.C. § 1430 (a). We respond affirmatively.

Dr. Lee, the petitioner, is a native and national of the Republic of China who resides in American Samoa with his wife, an American citizen employed by AS as a school teacher. The naturalization examiner recommended denial of the petition on the ground that Mrs. Lee was not an employee of the United States. The district court disagreed and granted relief to Dr. Lee. ( 404 F.Supp. 428 (D.Haw.1975).)

The United States Supreme Court succinctly described the status of American Samoa in its opinion in United States v. Standard Oil Co., 404 U.S. 558, at 558-559 , 92 S.Ct. 661, at 662 , 30 L.Ed.2d 713 (1972):

American Samoa is an “unorganized territory” of the United States: its principal executive and judicial officers are appointed by the Secretary of the Interior.…