Green Card Options for Individuals Born in Vietnam

1. What are my green card options as a citizen of Vietnam?


As a citizen of Vietnam, your green card options are to apply for a family-based green card, an employment-based green card, or a diversity visa. You may also be eligible to apply for a special immigrant visa or an investor visa.

a. Family-based green card: You may be eligible for a family-based green card if you have an immediate family member who is a US citizen or permanent resident.

b. Employment-based green card: You may be eligible for an employment-based green card if you have an employer in the US who is willing to sponsor you and you meet the criteria for one of the available visa categories.

c. Diversity visa: You may be eligible for a diversity visa if you meet the requirements of the Visa Lottery program which is run annually by the US government.

d. Special immigrant visa: You may be eligible for a special immigrant visa if you meet certain requirements, such as being a refugee or having worked in certain occupations in the US.

e. Investor visa: You may be eligible for an investor visa if you have enough capital to invest in a business venture in the US and are able to demonstrate that your investment will create jobs and generate revenue for the US economy.

2. What is the Diversity Visa Lottery Program and am I eligible to apply?


The Diversity Visa Lottery Program is a program designed to encourage immigration to the United States from countries with historically low rates of immigration. It provides visas to those selected from a randomly-drawn lottery. To be eligible to apply for the Diversity Visa Lottery Program, applicants must have a high school education or its equivalent, or two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Additionally, applicants must be a national of an eligible country and meet the other eligibility criteria outlined in the application instructions.

3. If I have a family member who is a US citizen, can they sponsor me for a green card?


Yes, if you are an immediate relative of a U.S. citizen, they can sponsor you for a green card. The process involves your family member filing a petition (Form I-130) on your behalf. After the petition is approved, you must wait for an immigrant visa number to become available to you. Once the visa number is available, you can apply for a green card and begin the process of obtaining lawful permanent residence in the United States.

4. How long does it take to get a green card if I am from Vietnam?


The processing time for a green card application for someone from Vietnam can vary. Generally, it takes about 6-12 months for a green card application to be processed.

5. What is the EB-5 Investment visa and am I eligible to apply?


The EB-5 Investment Visa is a United States visa program that enables foreigners to obtain a Green Card if they invest in a commercial enterprise in the U.S. that will benefit the economy and create at least 10 full-time jobs in the U.S. To be eligible, you must invest at least $900,000 in a job creating business in the U.S., or $1.8 million in a high-unemployment or rural area. You must also demonstrate that the business was established after Nov. 29, 1990 and that you have a management role in it. In addition, your investment must demonstrate that it has been “at risk” for the duration of your involvement with the business.

6. Can I get an immigrant visa if I am from Vietnam?


Yes. The U.S. Embassy in Hanoi, Vietnam regularly processes immigrant visas for Vietnamese citizens.

7. What types of work visas are available to citizens of Vietnam?


Vietnamese citizens are eligible for a variety of work visas, including the H-1B visa for specialty occupations, the L-1 visa for intracompany transfers, the E-2 visa for investors, and the O-1 visa for individuals with extraordinary ability. Additionally, many countries have agreements with Vietnam that allow citizens to obtain employment visas or working holiday visas.

8. How can I find out if my employer will sponsor me for a green card?


Your employer should be able to provide you with information about their sponsorship policies. You can also contact the U.S. Citizenship and Immigration Services (USCIS) for more information on what types of employers may sponsor employees for green cards.

9. Can I get a green card if I am living in Vietnam?


No. Green cards are only available to individuals who are living in the United States or are eligible to become permanent residents of the United States. Individuals who are living outside the United States may apply for green cards through consular processing, but they must first be approved for an immigrant visa through their country’s American embassy or consulate.

10. If I have been granted asylum in the US, can I apply for a green card?


Yes, if you have been granted asylum in the United States, you can apply for a green card. Generally, after one year of having asylum in the United States, you are eligible to apply for a green card. It is important to note that the process of applying for a green card as an asylee is different than those who apply based on other immigration categories.

11. How can I apply for a US permanent residence from Vietnam?


In order to apply for a US permanent residence from Vietnam, you will need to go through the process of obtaining a US immigrant visa at a US Embassy or Consulate abroad. Depending on your family or employment situation, you may be eligible for several different types of immigrant visas. The process of obtaining an immigrant visa includes submitting various forms and documents, attending an interview at the US Embassy or Consulate, and completing medical examinations. Once you obtain an immigrant visa, you can travel to the US and apply for a Green Card (permanent residence) at the port of entry upon arrival.

12. What documents do I need to provide when applying for a green card from Vietnam?


When applying for a green card from Vietnam, you will need to provide the following documents:

1. A valid passport
2. Completed Form I-485, Application to Register Permanent Residence or Adjust Status
3. Proof of financial stability
4. Two passport-style photos
5. Official government documents proving your identity
6. A medical exam report from an authorized doctor
7. Proof of visa status or permission to enter the United States
8. Evidence of any family members already living in the United States
9. Copies of any court records, if applicable

13. Is there an age limit for applying for a green card as a citizen of Vietnam?


No, there is no age limit for applying for a green card as a citizen of Vietnam. There are certain requirements that must be met in order to qualify for legal permanent residence in the United States, such as having a valid passport and a qualifying immigrant visa category.

14. What is the process of becoming a permanent resident through marriage to a US citizen if I am originally from Vietnam?


The process for becoming a permanent resident through marriage to a US citizen if you are originally from Vietnam will depend on where you are located.

If you are currently in the United States, then the process is known as adjustment of status. With this process, the US citizen spouse will need to file Form I-130, Petition for Alien Relative, with the USCIS. Once approved, the foreign spouse can then file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS. After submitting the form and accompanying documentation, there will be an interview with an immigration officer and a medical examination. If all goes well, the foreign spouse will be granted lawful permanent residence.

If you are located outside of the United States, then the process is known as consular processing. With this process, the US citizen spouse will need to file Form I-130, Petition for Alien Relative, with the USCIS. Once approved, the foreign spouse can then apply for an immigrant visa at the US Embassy or Consulate in their home country. After submitting the application and accompanying documentation, there will be an interview with a consular officer and a medical examination. If all goes well, the foreign spouse will be issued an immigrant visa which they can use to travel to the US and become a permanent resident.

15. How long does it take to receive a green card after being approved for one as a citizen of Vietnam?


It typically takes around 8 to 12 months to receive a green card after being approved for one as a citizen of Vietnam.

16. Are there any special requirements or considerations for citizens of Vietnam when applying for a green card?


Yes, citizens of Vietnam may have additional requirements when applying for a green card. Depending on the situation, individuals may be subject to either the Visa Availability or the Numerical Limitation Rules. The Visa Availability Rule applies to citizens of countries that have historically had a high volume of immigration to the United States, while the Numerical Limitation Rule applies to citizens of countries that have had lower levels of immigration to the United States. Additionally, individuals from Vietnam may need to demonstrate that they do not pose a security risk by providing additional documentation.

17. What are the differences between an immigrant visa and a non-immigrant visa and which one am I eligible to apply for as a citizen of Vietnam?


An immigrant visa is a document that allows a foreign national to permanently reside and work in a new country. To be eligible for an immigrant visa, the applicant must meet certain criteria and be sponsored by a family member or employer in the destination country. As a Vietnamese citizen, you may not be eligible to apply for an immigrant visa as Vietnam is not part of the Diversity Visa Program.

A non-immigrant visa, on the other hand, is a document that allows a foreign national to temporarily stay in another country for a specified period of time. There are many types of non-immigrant visas, including student visas, tourist visas, and business visas. As a Vietnamese citizen, you may be eligible for certain non-immigrant visas depending on the purpose of your trip.

18. Can DACA recipients from Vietnam apply for a green card?


Yes, DACA recipients from Vietnam may be eligible to apply for a green card. They must meet certain eligibility requirements, such as having a qualifying family relationship or having a qualifying employer.

19. Are there any organizations that provide assistance to citizens of Vietnam in applying for green cards or other visas?


Yes, there are organizations that provide assistance to citizens of Vietnam in applying for green cards or other visas. The organizations include the American Immigration Lawyers Association (AILA), the International Rescue Committee (IRC), the Immigrant Legal Resource Center (ILRC), and the Catholic Legal Immigration Network (CLINIC). Additionally, many organizations specialize in providing pro-bono or low-cost immigration help to those in need, such as Catholic Charities, National Immigration Law Center, and Asian Americans Advancing Justice – Los Angeles.

20. Are there any special considerations for refugees from Vietnam when applying for a green card or other visa?


Yes, refugees from Vietnam may be eligible for certain types of visas and green card categories that are not available to other refugees. These include the Refugee Family Reunification Program (RFRA), the Humanitarian Parole program, and the Special Immigrant Juvenile Status (SIJS) program. Refugees from Vietnam may also be eligible for permanent residence through the Refugee Crisis in Vietnam Act (RCVA) or the Amerasian Homecoming Act (AHA). It is important to note that these programs may have different requirements, so it is important to contact an immigration attorney to discuss your individual eligibility.