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 for a variety of green card options. Depending on your unique situation, you may be eligible for an immediate relative visa (IR visa), an employment-based visa (EB visa), a family-based visa (FB visa), or a diversity visa (DV visa). Additionally, you may also be eligible for other green card options such as the Visa Waiver Program, Refugee and Asylee, or Victim of Crime visas.

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


The Diversity Visa Lottery Program is a U.S. government program designed to promote diversity in the U.S. by allowing a certain number of immigration visas to be made available each year to citizens of countries with historically low rates of immigration to the U.S. In order to be eligible to apply, you must be a native of an eligible country and meet a few basic education and/or work experience requirements.

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


Yes, a US citizen can sponsor their family member for permanent residency by filing an immigrant petition. Depending on the family relationship, there are different requirements and processing times.

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


The average processing time for a green card application from Vietnam is approximately 7 to 12 months.

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


The EB-5 Investment visa is a type of US permanent residency visa designed for foreign investors who are able to make significant investments in the country. To be eligible to apply for an EB-5 visa, applicants must invest at least USD$ 500,000 in a US commercial enterprise and show that the investment will create or preserve at least 10 jobs. Additionally, applicants must demonstrate that they are eligible to obtain the visa by meeting certain other requirements such as demonstrating their management and business skills.

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


If you are from Vietnam and wish to immigrate to the United States, you may be eligible for an immigrant visa. Eligibility depends on several factors, including the type of visa you are applying for and your individual circumstances. The U.S. Department of State’s website provides information on immigrant visas and the application process. You should consult with an experienced immigration lawyer to ensure that you meet the criteria for eligibility before submitting an application for an immigrant visa.

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


Vietnamese citizens are eligible for several types of work visas, including H-1B visas for specialty occupations; E-1 and E-2 visas for treaty traders and investors; L-1 visas for intracompany transfers; O-1 visas for individuals with extraordinary ability or achievement; and TN visas under the North American Free Trade Agreement (NAFTA) for Canadian and Mexican citizens.

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


The best way to find out if your employer will sponsor you for a green card is to ask your employer directly. If they are willing to sponsor you, they will provide you with the paperwork that is required for the green card petition process.

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


No, green cards are only issued to foreign nationals living in the United States.

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


Yes, you can. Most people who have been granted asylum in the US can apply for a green card one year after they have been granted asylum. To apply for a green card, you must fill out Form I-485, Application to Register Permanent Residence or Adjust Status, and submit it to U.S. Citizenship and Immigration Services (USCIS).

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


In order to apply for a US permanent residence from Vietnam, you must first be sponsored by a U.S. citizen or lawful permanent resident who is a family member, employer, or other qualified sponsor. Once you have been sponsored, you must submit an immigrant visa application to the U.S. Embassy or Consulate in Vietnam. The visa application includes documentation such as birth certificates, passport photos, medical records, financial records, and other evidence of the relationship between you and your sponsor. After the application is approved, you will be scheduled for an interview at the U.S. Embassy or Consulate in Vietnam. Upon successful completion of the interview, you will receive your permanent residence visa and can then travel to the United States to begin your new life as a permanent resident.

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 proof of legal entry into the United States, original passport, birth certificate, proof of financial support, police verification certificate from Vietnam, photographs, and medical certificate. In addition, you may be required to provide additional evidence and documents depending on the specific circumstances of your application.

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


Yes, there is an age limit for applying for a green card as a citizen of Vietnam. Applicants must be under 31 years of age to be eligible to apply for a green card.

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


The process of becoming a permanent resident through marriage to a US citizen if you are originally from Vietnam includes the following steps:

1. The US citizen spouse must file an I-130 Petition for Alien Relative with the Department of Homeland Security (DHS).

2. The US citizen spouse must also file an I-129F Petition for Alien Fiancé with DHS.

3. If approved, the US citizen spouse must file an I-485 Application to Register Permanent Residence or Adjust Status (if in the US) with DHS.

4. The Vietnamese citizen will have to wait for their immigrant visa number to become available in order to apply for an immigrant visa.

5. Once the visa number is available, the Vietnamese citizen spouse can apply for an immigrant visa at a US Embassy or Consulate in their home country.

6. After the visa is granted, the Vietnamese citizen can enter the US and adjust status to that of a permanent resident.

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


The processing time for receiving a green card after being approved as a citizen of Vietnam can vary, and is dependent on many factors such as the current processing times at the USCIS and the location of the applicant. Generally, it can take anywhere from 6-12 months for a green card to be issued, but it can take up to several years in some cases.

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


Yes, citizens of Vietnam may need to apply for a green card in a family- or employment-based category with certain qualifications. Special qualifications include being eligible for the Immigration Act of 1990, having an immediate relative who is a U.S. citizen or a “qualified relative” (a family member who is already a permanent resident) and meeting other criteria. Additionally, Vietnam is one of the countries included in the Diversity Visa Program, so citizens may also apply through that program.

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 an individual to live and work in the United States permanently. It is obtained through an application process and the applicant must meet certain eligibility requirements, such as having family ties in the United States or obtaining a job offer.

A non-immigrant visa is a temporary visa that grants an individual the right to travel to the United States for either business or pleasure. This type of visa does not grant permanent residency and those who receive it must leave the country at the end of their authorized stay.

As a citizen of Vietnam, you may be eligible to apply for both an immigrant visa and a non-immigrant visa. Depending on your particular circumstances, you may qualify for either one.

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. To do so, they would need to have either an employer or family member petition on their behalf. Additionally, they may be able to adjust their status through a marriage to a U.S. citizen or other immigrant with a valid visa. It is important to note that DACA recipients are not eligible for any federal benefits and may face challenges when attempting to adjust their status.

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


Yes, there are several organizations that provide assistance to citizens of Vietnam in applying for green cards or other visas. These organizations include Immigration Law Offices, International Student Advisors, and Immigration Advocates. Additionally, some local non-profit organizations such as the Vietnamese Community of Orange County may provide free or low-cost assistance to those seeking visas or green cards.

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 U.S. citizenship under the Amerasian Homecoming Act of 1988 (AHA). The AHA provides special immigrant status to persons from Vietnam who were fathered by a U.S. citizen and who entered the United States prior to October 1, 1997. This status provides a path for a green card and ultimately U.S. citizenship.

In addition, refugees from Vietnam may be eligible for a Refugee Visa or Refugee Status under the Refugee Act of 1980, which provides relief from persecution and often includes an expedited path to permanent residency in the United States.