1. Are Amerasian immigrants eligible for green card status?

Yes, Amerasian immigrants are eligible for green card status. The Amerasian Immigration Act of 1988 provides a special pathway for Amerasian immigrants to obtain permanent residency and eventually citizenship in the United States.

2. What types of green cards are available to Amerasian immigrants?

Green cards are available to Amerasian immigrants in several categories, including “special immigrant” status, family-based green cards, and employment-based green cards. Special immigrant status requires the immigrant to have been born in Vietnam, Laos, or Cambodia after December 31, 1950 and before October 22, 1982 and have been fathered by a U.S. citizen. Family-based green cards allow Amerasian immigrants to gain green card status through family members who are U.S. citizens or lawful permanent residents. Employment-based green cards allow Amerasian immigrants to gain green card status through an offer of employment from a U.S. employer.

3. What are the requirements for Amerasian immigrants to obtain a green card?

Amerasian immigrants are eligible to apply for a green card through the Amerasian Immigration Act of 1982. To qualify, they must:

1. Have been born after December 31, 1950, and before October 22, 1982;

2. Have at least one parent who was a U.S. citizen at the time of the applicant’s birth; and

3. Have been physically present in the U.S. on October 22, 1982.

Once applicants have met these three criteria, they can apply for a green card by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

4. How long does it take for an Amerasian immigrant to receive a green card?

The length of time it takes to receive a green card as an Amerasian immigrant depends on several factors, such as country of birth and current immigration status. Generally, it can take several months to a few years, depending on the individual’s case. The U.S. Citizenship and Immigration Services (USCIS) provides more details about the timeline for a green card application.

5. Is there a special program or process for Amerasian immigrants to apply for a green card?

Yes, there is a special program known as the Amerasian Immigration Act of 1982 that allows certain Amerasian immigrants to apply for a green card. In order to be eligible, the individual must: (1) be born in Korea, Vietnam, Laos, Cambodia, or Thailand on or before December 31, 1950; (2) have a parent who is a citizen of the United States; and (3) have been admitted to the United States in an immigrant status. Applicants must also meet certain medical and other requirements.

6. Are there any additional benefits for Amerasian immigrants who obtain green cards?

Yes, Amerasian immigrants who obtain green cards may be eligible for certain benefits, including special Social Security benefits, health care, housing assistance, English language classes, and job training. They may also be eligible for certain immigrant services, such as access to naturalization and adjustment of status processes.

7. What documents are required for an Amerasian immigrant to apply for a green card?

An Amerasian immigrant can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents such as evidence of their Amerasian status, evidence of their relationship to a U.S. citizen parent or legal permanent resident parent, and evidence of the U.S. citizen parent’s or legal permanent resident parent’s income. Additional documents may be required depending on the individual’s specific circumstances.

8. What fees are associated with the process of obtaining a green card for an Amerasian immigrant?

The fees associated with obtaining a green card for an Amerasian immigrant depend on the type of green card that the individual is applying for and the applicant’s individual situation. Generally, the fees include an I-485 form filing fee, biometrics fee, and an affidavit of support fee.

9. How can an Amerasian immigrant check the status of their green card application?

Amerasian immigrants can check the status of their green card application by visiting the U.S. Citizenship and Immigration Services (USCIS) website and entering their application receipt number. They can also contact USCIS directly with questions about their application status.

10. Are there any special benefits available to Amerasian immigrants who have already been granted a green card?

Yes, Amerasian immigrants who have been granted a green card are eligible for some special benefits, including access to the Amerasian Homecoming Act (AHA) Education and Training Vouchers Program, which provides up to $5,000 a year for tuition, books, and other related expenses; the Special Immigrant Juvenile Program, which can provide lawful permanent residence for those who have been abused, neglected, or abandoned by one or both parents; and the Refugee/Asylee Relative Petition Program, which can be used to reunite Amerasians with family members in the United States. There are also several organizations that provide assistance to Amerasians who are living in the U.S., such as Council of Asian Pacific Americans and the Amerasian Foundation.

11. Is it possible for an Amerasian immigrant to become a citizen of the United States through naturalization after obtaining a green card?

Yes, it is possible for an Amerasian immigrant to become a citizen of the United States through naturalization after obtaining a green card. However, certain requirements must be met in order to be eligible for naturalization. These requirements include being at least 18 years of age, having been a lawful permanent resident (or green card holder) for at least five years, being able to demonstrate good moral character and having an understanding of English and U.S. government and history. Additionally, Amerasian immigrants must meet all other requirements for naturalization in order to be granted citizenship.

12. Can an Amerasian immigrant bring family members to the United States after receiving a green card?

Yes, an Amerasian immigrant is eligible to bring certain family members to the United States after receiving a green card. Eligible family members include a spouse, minor children, and parents.

13. What type of work authorization is available to an Amerasian immigrant who has been granted a green card?

An Amerasian immigrant who has been granted a green card is eligible for an Employment Authorization Document (EAD), which allows them to legally work in the United States.

14. How long can an Amerasian immigrant stay in the United States while holding a green card?

An Amerasian immigrant can stay in the United States indefinitely while holding a green card, as long as he or she does not commit any criminal or immigration violations.

15. How many years does an Amerasian immigrant need to have held a green card to become eligible for citizenship through naturalization?

An Amerasian immigrant must have held a green card for five consecutive years in order to be eligible for citizenship through naturalization.

16. Are there any special considerations or exceptions that an Amerasian immigrant might be eligible for when it comes to obtaining a green card?

Yes, there are special considerations and exceptions that may make an Amerasian immigrant eligible for a green card. The Amerasian Immigrant Act of 1982 allows eligible Amerasian immigrants to apply for a Special Immigrant Visa (SIV), and if approved, they can apply to become a Legal Permanent Resident. Additionally, Amerasians may be eligible to apply for adjustment of status based on their family ties to a U.S. citizen or legal permanent resident.

17. Is it possible for the spouse of an Amerasian immigrant to receive their own green card as well?

Yes, it is possible for the spouse of an Amerasian immigrant to receive their own green card. The spouse of an Amerasian immigrant is eligible to apply for a green card as an immediate relative of a U.S. citizen, or as the family member of an Amerasian immigrant. In order to qualify, the spouse must meet certain eligibility requirements and must submit a Form I-130, Petition for Alien Relative.

18. Can an Amerasian immigrant change their status from nonimmigrant visitor or student visa holder to permanent resident through the green card process?

Yes, an Amerasian immigrant may go through the green card process to change their status from a nonimmigrant visitor or student visa holder to a permanent resident.

19. Are there any special rules or restrictions that apply to Amerasian immigrants when it comes to obtaining a green card?

Yes, there are special rules that apply to Amerasian immigrants when it comes to obtaining a green card. The Amerasian Immigration Act of 1982 grants special immigration benefits to Amerasians, which are individuals born in Vietnam, Cambodia, Laos, or Korea between January 1, 1962 and October 21, 1982 to a U.S. citizen father and an Asian mother. These individuals are eligible for a green card without having to meet the normal requirements for family-based immigration. The law also waives certain bars on admission that normally apply, such as the requirement for physical presence in the U.S., committed crimes, and other issues.

20. What are the rights and responsibilities of an Amerasian immigrant who holds a green card?

Rights

• The right to live permanently in the United States
• The right to work legally in the United States
• The right to apply for U.S. citizenship
• The right to apply for certain government benefits

Responsibilities

• Obey all federal, state, and local laws
• Pay taxes on income earned in the United States
• Register with the Selective Service if required
• Report any changes in address or employment status to the USCIS.