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 special immigration benefits to persons born in an Asian or Pacific Island country after December 31, 1950, and before October 22, 1982, to a U.S. citizen parent. Eligible individuals may self-petition for permanent residence.
2. What types of green cards are available to Amerasian immigrants?
Amerasian immigrants are eligible to apply for a number of green card options, including the following:
1. Green Card through Adoption: If an Amerasian is adopted by a U.S. citizen or lawful permanent resident before their 18th birthday, they may qualify for a green card.
2. Green Card through Military Service: If an Amerasian is currently serving in the U.S. armed forces, their spouse and minor children may be eligible for a green card.
3. Green Card through Registry: In certain cases, Amerasians may be eligible to register for a green card if they meet specified criteria related to age, residence, and continuous presence in the United States.
4. Green Card through Special Immigration Status: Amerasians who meet certain criteria related to age, residence, and presence in the United States may be eligible to apply for a green card as a “Special Immigrant” under the Amerasian Immigration Act of 1982.
3. What are the requirements for Amerasian immigrants to obtain a green card?
Amerasian immigrants can obtain a green card through the Amerasian Immigration Act of 1982 if they meet the following criteria:
1. Were born in Vietnam, Cambodia, or Laos on or after January 1, 1962, and before October 21, 1982;
2. Entered the United States before December 31, 2000;
3. Have been physically present in the United States since February 28, 2003;
4. Are not inadmissible to the U.S. on certain grounds (such as criminal activity); and
5. Meet any other requirements for eligibility under the law.
4. How long does it take for an Amerasian immigrant to receive a green card?
The amount of time it takes for an Amerasian immigrant to receive a green card depends on several factors, including the backlog of cases for green cards, whether the Amerasian immigrant is a spouse of a U.S. citizen, and the country of origin of the Amerasian immigrant. Generally, the process can take anywhere from six months to five years or more.
5. Is there a special program or process for Amerasian immigrants to apply for a green card?
Yes, there is a special program for Amerasian immigrants to apply for a green card. The Amerasian Immigrant Act of 1982 grants Amerasians the right to apply for permanent residence in the United States. This process is known as the Amerasian Homecoming Act. Under the act, a person born in Vietnam, Laos, or Cambodia between January 1, 1962 and December 22, 2000 whose father was a U.S. citizen may apply for a green card.
6. Are there any additional benefits for Amerasian immigrants who obtain green cards?
Yes. In addition to the benefits of obtaining permanent residency status, Amerasian immigrants are eligible to receive a range of resettlement assistance services provided by the Department of State, including medical care, counseling, job training, and placement. The Refugee Resettlement Program of the United States also provides a number of special services specifically for Amerasian immigrants.
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 a Form I-485, Application to Register Permanent Residence or Adjust Status. The required paperwork for the application includes proof of Amerasian status, copies of a valid passport or travel documents, proof of physical presence in the United States, two passport-style photos, Form I-134, Affidavit of Support, and any applicable fees. In addition, the applicant may need to provide additional documentation to prove their eligibility for adjustment of status.
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 vary depending on circumstances, but generally include an application fee, a processing fee, and biometric fees. Applicants may also need to pay for documentation costs such as obtaining a passport or birth certificate, and may need to pay for medical examinations and other testing. Additionally, some applicants may need to pay an attorney to assist with the application process.
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 on the USCIS website. They will need to enter their receipt number, which can be found on the Form I-797C Notice of Action, to check the status.
10. Are there any special benefits available to Amerasian immigrants who have already been granted a green card?
Yes, there are several benefits available to Amerasian immigrants who have already been granted a green card. These include access to certain government programs such as Supplemental Security Income (SSI), Medicaid, and the Special Immigrant Status Program (SISP). Additionally, Amerasian immigrants may be eligible for federal grants and scholarships, fee waivers for college applications, and other special educational opportunities.
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. The Amerasian Immigrant Act of 1988 provides certain Amerasian immigrants who were born in Vietnam, Laos, or Cambodia the right to immigrate to the United States and become a Permanent Resident. Once they become a Permanent Resident, they can apply for U.S. citizenship through the naturalization process.
12. Can an Amerasian immigrant bring family members to the United States after receiving a green card?
Yes, an Amerasian immigrant can sponsor family members to come to the United States after receiving a green card. They can sponsor their parents, spouse, and unmarried children under the age of 21.
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 to apply for an Employment Authorization Document (EAD), which allows them to work legally in the United States.
14. How long can an Amerasian immigrant stay in the United States while holding a green card?
Amerasian immigrants with a green card are permanent residents of the United States and can stay for as long as they choose, provided they follow the conditions of their green card.
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 at least five 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, Amerasian immigrants may be eligible for special consideration when it comes to obtaining a green card. Amerasian immigrants may be eligible to apply for a waiver of the 3 and 10-year bars, known as the Amerasian Immigrant Waiver. Also, if the Amerasian immigrant is a unmarried adult, they may be eligible to apply for a green card through the Amerasian Special Immigrant Visa program. This program is available to Amerasians who are from Vietnam, Cambodia, Laos, and South Korea. Additionally, Amerasian immigrants may be eligible for deferred action and relief from deportation.
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 can file an I-130 petition for Alien Relative and, if approved, can then file for an adjustment of status (Form I-485).
18. Can an Amerasian immigrant change their status from nonimmigrant visitor or student visa holder to permanent resident through the green card process?
Yes. Amerasian immigrants may be eligible to apply for a green card (permanent resident status) through a variety of pathways. They may be able to adjust their status from nonimmigrant visitor or student visa holder via family-based immigration, employment-based immigration, or the Diversity Immigrant Visa Program.
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 and restrictions that apply to Amerasians when it comes to obtaining a green card. Amerasians may be eligible to apply for a green card through the Amerasian Immigration Act, which allows children of U.S. citizens who were born in Vietnam, Laos, or Cambodia between January 1, 1962 and October 21, 1982 to apply for a green card. Additionally, Amerasians may be eligible for an immigration preference category if their parents served in the U.S. Armed Forces or in the U.S. Government in Vietnam. Under this preference category, Amerasians may be able to obtain a green card without first having to obtain an immigrant visa at a U.S. consulate abroad.
20. What are the rights and responsibilities of an Amerasian immigrant who holds a green card?
Rights:
– The right to live and work permanently in the United States
– The right to apply for U.S. citizenship if they have lived in the U.S. for five years
– The right to due process of law
– The right to family reunification
– The right to freedom of speech and assembly
Responsibilities:
– Obey all laws of the United States and the state in which they reside
– Pay taxes on time and in full
– Register with the Selective Service (if required)
– Respect the rights and beliefs of others, no matter what their background is
– Notify the U.S. government of any changes in address