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, you may be eligible to apply for a U.S. green card through the family-based immigration process if you are the immediate relative (spouse, parent, or unmarried child under the age of 21) of a U.S. citizen. Additionally, you may be able to apply for permanent residency through a few other processes, such as an employment-based green card or by demonstrating extraordinary ability in a field. It is important to note that there may be annual limits on the number of green cards available for citizens of certain countries, including Vietnam.

You should consult with an immigration attorney or other qualified professional to discuss your individual circumstances and what options may be available to you.

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


The Diversity Visa Lottery Program is a US government program that gives people from countries with low rates of immigration to the United States the chance to obtain permanent residence in the US. To be eligible, you must meet certain eligibility requirements. These include being a national of an eligible country, having at least a high school education, and having work experience in certain eligible occupations. You must also meet certain other qualifications.

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


It depends on your relationship to the US citizen. Generally, the US citizen must be a parent, spouse, or child of the foreign national in order for them to sponsor them for a green card. Other family members, such as siblings, may be able to sponsor the foreign national under certain circumstances.

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


The processing time for a green card from Vietnam can vary depending on the class of green card you are applying for. Generally, for family-based immigrants, the processing time is between 6 to 12 months. For employment-based immigrants, the processing time is generally from 6 to 9 months.

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


The EB-5 investment visa is a federal program that allows for foreign nationals to obtain a green card by investing in job-creating businesses in the United States. To be eligible to apply, you need to have a certain amount of capital to invest ($500,000 or $1 million, depending on the location of the business) and show that you can create at least 10 full-time jobs for US workers. You must also pass an extensive background check.

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


Yes, you may be eligible to apply for an immigrant visa if you are from Vietnam. Depending on your specific circumstances, you may qualify for a family-based visa or an employment-based visa. Please consult with an immigration lawyer for more information.

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


Vietnamese citizens can apply for various types of work visas, including Business visas, Employment visas, and Investment visas. Business visas are suitable for travelers who come to the U.S. for business purposes such as meetings, conferences, or other short-term activities. Employment visas are suitable for those who want to work legally in the U.S., while investment visas are intended for those who intend to make a substantial investment in the U.S. economy.

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


Your employer will need to file an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS). Once approved, you will be eligible to apply for a green card. You should contact your employer directly to find out if they are willing to sponsor you for a green card.

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


No, you cannot get a green card while living in Vietnam. To get a green card, you must either be sponsored by a qualified family member who is already a U.S. citizen or permanent resident, win the U.S. Diversity Visa Lottery, or obtain an employment-based visa.

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


Yes. Generally, after one year of being granted asylum, you may apply for a green card.

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


You can apply for a US permanent residence from Vietnam by filing Form I-130, Petition for Alien Relative, with the US Department of Homeland Security’s US Citizenship and Immigration Services (USCIS). You must provide proof of your relationship to the petitioner and evidence of legal entry to the US. You must also be admissible to the US under the Immigration and Nationality Act. After your I-130 is approved, you can then apply for an immigrant visa at a US embassy or consulate in Vietnam.

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. Your birth certificate
3. Evidence of your eligibility for the green card, such as proof of employment or an offer of employment
4. Evidence of financial support, such as bank statements
5. Proof of legal status, such as an F-1 student visa or other form of temporary residence
6. Proof of legal residence in Vietnam, such as a valid visa or residency permit
7. Evidence of good moral character, such as a police clearance certificate
8. Medical records and any applicable vaccinations
9. Tax documents from the last three years
10. Any other documents required by the US Embassy or Consulate in Vietnam

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


Yes, there is an age limit. Anyone who is under the age of 21 cannot apply for a green card as a citizen of Vietnam.

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


If you are originally from Vietnam and married to a U.S. citizen, the process of becoming a permanent resident through marriage is a two-step process.

First, your U.S. citizen spouse must file an immigrant visa petition, Form I-130, on your behalf with U.S. Citizenship and Immigration Services (USCIS). Your spouse must provide evidence of your marriage, your identity, and his or her U.S. citizenship status.

Second, after USCIS approves the immigrant visa petition, the National Visa Center will review your application and then forward it to the U.S. Embassy in Hanoi for further processing. You will need to provide documents such as birth certificates, marriage certificates, financial records, police certificates, and medical exams for both you and your spouse. Once the embassy has reviewed your application and documents, you will be scheduled for an interview with a consular officer who will decide whether to grant you a visa.

Once you have been approved for an immigrant visa, you can enter the United States as a permanent resident and receive your green card in the mail within a few weeks of arriving in the country.

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


The timeline for receiving a green card after being approved for one as a citizen of Vietnam can take anywhere from 6 months to as long as 10 years.

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


Yes, citizens of Vietnam must meet certain criteria when applying for a green card. Firstly, applicants must have a sponsor who is either a U.S. citizen or a lawful permanent resident relative or a U.S. employer. Secondly, applicants must be eligible for one of the categories of immigrant visas such as a family-based petition, a diversity lottery win, an employment-based petition, or a special immigrant visa. Lastly, applicants must apply through the U.S. Department of Homeland Security (DHS) and must pass a background check and an interview to prove that they are not inadmissible to the United States.

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 for those wishing to live and work permanently in the United States. A nonimmigrant visa is for those wanting to visit the United States temporarily for business, tourism, or another purpose.

If you are a citizen of Vietnam, you are only eligible to apply for a nonimmigrant visa.

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


Yes, DACA recipients from Vietnam (or any other country) may apply for a green card if they are eligible. Eligibility is based on a variety of factors, such as family relationships, employment, or special categories.

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 US embassy in Hanoi provides information about visas and green cards, and there are also a number of non-governmental organizations that offer assistance on the application process. These include Immigration Services Assistance (ISA), ReSize, and American Immigration Lawyers Association (AILA).

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


Yes, refugees from Vietnam who applied for a green card or other visa may be eligible for certain benefits and waivers. The Immigration and Nationality Act permits certain Vietnam-born refugees to apply for a green card without having to meet the two-year foreign residence requirement. Additionally, some Vietnam-born refugees are eligible to adjust their status under the Amerasian Immigrant Naturalization Act. Refugees may also be eligible for waivers of certain grounds of inadmissibility, including the 3- and 10-year bars. Applicants should speak with an immigration attorney or accredited representative to determine their eligibility for benefits or waivers.