1. Are Amerasian immigrants eligible for green card status?
Yes, Amerasian immigrants are eligible for green card status. The Amerasian Immigrant Act of 1982 allows certain Amerasian immigrants who were born in Vietnam, Korea, Laos, Cambodia and Thailand to immigrate to the United States and receive a green card. To be eligible, the person must have been born between January 1, 1962 and October 21, 1982, have at least one parent who was a U.S. citizen or national at the time of their birth, have lived in their country of birth for at least one year or have been admitted to the U.S. as a refugee.
2. What types of green cards are available to Amerasian immigrants?
There are two types of green cards available to Amerasian immigrants: the Green Card through Humanitarian Parole and the Green Card through Family-Based Immigration. The Green Card through Humanitarian Parole is available to Amerasians who are outside of the United States and is granted on a case-by-case basis. The Green Card through Family-Based Immigration is available to Amerasians who have qualifying family members residing in the United States and can be filed either by the qualifying family member or by the Amerasian.
3. What are the requirements for Amerasian immigrants to obtain a green card?
Amerasian immigrants may be eligible for a green card if they meet the following criteria:
1. The applicant must have been born in Vietnam, Korea, Laos, Cambodia, or Thailand on or after December 31, 1950, and before October 22, 1982.
2. The applicant must have at least one parent who was a U.S. citizen at the time of the applicant’s birth.
3. The applicant must have entered the United States before the age of 24 as a lawful permanent resident (LPR) or refugee.
4. The applicant must have been continuously present in the United States since January 1, 1995.
5. The applicant must be at least 18 years old and unmarried at the time of filing the application.
4. How long does it take for an Amerasian immigrant to receive a green card?
It usually takes between 6-12 months for Amerasian immigrants to receive a green card.
5. Is there a special program or process for Amerasian immigrants to apply for a green card?
Yes, there is a special program or process for Amerasian immigrants to apply for a green card. The Amerasian Immigration Act of 1982, which was amended by the Immigration Act of 1990, provides for the admission of Amerasian immigrants and allows them to apply for permanent resident status (green card). To be eligible for the program, an individual must have been born in Vietnam, Korea or Laos between January 1, 1962 and October 21, 1982 and must have at least one parent who is a U.S. citizen or a U.S. permanent resident.
6. Are there any additional benefits for Amerasian immigrants who obtain green cards?
Yes, Amerasian immigrants who obtain green cards may also be eligible for certain financial benefits from the U.S. government, such as cash assistance or Supplemental Security Income (SSI). They may also be able to access public assistance programs such as medical benefits, food stamps, housing subsidies, and job training. In addition, Amerasian immigrants may be able to access certain educational services such as tutoring and college preparation programs.
7. What documents are required for an Amerasian immigrant to apply for a green card?
To apply for a green card as an Amerasian immigrant, you will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status. Other documents you may need to submit include evidence of the qualifying Amerasian relationship, evidence of the Amerasian’s arrival in the United States, and evidence of the Amerasian’s good moral character.
8. What fees are associated with the process of obtaining a green card for an Amerasian immigrant?
The fees associated with the process of obtaining a green card for an Amerasian immigrant include an application fee, biometrics fee, and the cost of any required medical examinations. In addition, there may be additional fees associated with the green card interview and other services.
9. How can an Amerasian immigrant check the status of their green card application?
An Amerasian immigrant can check the status of their green card application by visiting the U.S. Citizenship and Immigration Services (USCIS) website or by calling the USCIS National Customer Service Center at 1-800-375-5283.
10. Are there any special benefits available to Amerasian immigrants who have already been granted a green card?
Yes, in some cases, Amerasian immigrants who have been granted a green card may be eligible for certain benefits. For example, a law known as the Amerasian Homecoming Act of 1988 allows Amerasians to apply for special immigrant visas to enter the U.S. Additionally, certain Amerasian immigrants may be eligible for Supplemental Security Income (SSI) or Medicaid. Further, they may be eligible to receive Medicare Part A without having to pay premiums. Finally, Amerasian immigrants may be able to access housing assistance through the U.S. Department of Housing and Urban Development (HUD).
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. They must meet certain eligibility requirements, including having resided in the U.S. as a lawful permanent resident for at least five years, having good moral character, and passing certain tests of English language and U.S. civics knowledge.
12. Can an Amerasian immigrant bring family members to the United States after receiving a green card?
Yes, Amerasian immigrants can bring family members to the United States after receiving a green card. They may be eligible to petition for certain family members to receive their own green cards, depending on their relationship to the Amerasian immigrant and the laws in effect at the time of the petition.
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 will have permanent resident status in the U.S., and is eligible for employment authorization under US immigration law. He/she can apply for an Employment Authorization Document (EAD) to 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 with a green card. Green card holders are considered to be permanent residents of the United States and are entitled to all the rights and privileges that come with it, including the right to live and work in the United States.
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 needs to have held a green card for at least five years in order to become 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?
Amerasian immigrants may be eligible for special considerations when it comes to obtaining a green card. These include:
1. Amerasian Immigrant Visa Program: The Amerasian Immigrant Visa Program allows Amerasians to apply for and obtain a green card without having to go through the normal family or employment-based visa application processes.
2. Deferred Enforced Departure (DED): DED is a form of temporary protection that certain individuals may be eligible for if they cannot obtain lawful immigration status in the U.S.
3. U-Visa: Individuals who are victims of certain criminal activities may be eligible for U-visas, which provide lawful immigration status in the U.S.
4. Special Immigrant Juvenile Status (SIJS): SIJS is a form of relief available to certain individuals under the age of 21 who have been abused, abandoned, or neglected by one or both parents. If approved, SIJS provides the individual with lawful immigration status in the U.S.
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, provided that the spouse meets certain eligibility criteria and applies for a green card according to the correct procedures.
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 can change their status from nonimmigrant visitor or student visa holders to permanent residents through the green card process. This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
19. Are there any special rules or restrictions that apply to Amerasian immigrants when it comes to obtaining a green card?
Yes. Amerasian immigrants are eligible to apply for a green card through a special program established by the Immigration Act of 1990. The program allows Amerasians to self-petition for permanent resident status without having to rely on family members or employers. To qualify, they must have been born in the following countries on or after December 31, 1950, and before October 22, 1982: Vietnam, Laos, Cambodia, and Korea. Additionally, they must have a qualifying relationship with a US citizen or permanent resident.
20. What are the rights and responsibilities of an Amerasian immigrant who holds a green card?
Rights:
– The right to work in the U.S.
– The right to apply for U.S. citizenship after being a permanent resident for 5 years
– The right to receive Social Security, Medicare, and other benefits
– The right to travel in and out of the U.S.
Responsibilities:
– Pay taxes on any income earned in the U.S.
– Obey all federal, state, and local laws
– Register with the Selective Service (if male)
– Inform USCIS of any address changes within 10 days of moving