1. What is an Amerasian child?
An Amerasian child is a person who is the offspring of an Asian mother and an American father, usually the result of a relationship between an American serviceman and an Asian woman during the Vietnam War.
2. How do I prove an Amerasian child is eligible for an immigrant visa?
To prove that an Amerasian child is eligible for an immigrant visa, you must provide documentation that proves the child meets the definition of “Amerasian” under U.S. immigration law. This includes a birth certificate or other proof of parentage that shows the child’s mother is a U.S. citizen or permanent resident, and evidence of the father’s U.S. military service in Vietnam or Korea during the relevant time period. Additionally, you must provide evidence that the child is unmarried and under 21 years of age.
3. What documents do I need to submit to apply for an immigrant visa for an Amerasian child?
To apply for an immigrant visa for an Amerasian child, you will need to submit the following documents:
1. An approved Form I-600, Petition to Classify Orphan as an Immediate Relative;
2. The child’s birth certificate;
3. Proof of Amerasian status;
4. Evidence of the parent-child relationship between the petitioner and the child;
5. Proof of the petitioner’s U.S. citizenship or legal permanent resident status;
6. Medical exam results of the child;
7. A valid passport; and
8. Two 2×2 inch photos of the child.
4. How long does it take to process an application for an immigrant visa for an Amerasian child?
The processing time for an application for an immigrant visa for an Amerasian child depends on a variety of factors. Generally speaking, it can take anywhere from several weeks to several months for the entire process to be completed.
5. What are the requirements for the accompanying parent of an Amerasian child?
The accompanying parent of an Amerasian child should demonstrate that they have the financial resources to support the child and that they can provide a safe and stable environment in the United States. They must also provide evidence that they have a close and ongoing relationship with the child and that they are able to provide guidance, emotional support, and protection to the child.
6. Are there any age restrictions for Amerasian children applying for immigrant visas?
No, there are no age restrictions for Amerasian children applying for immigrant visas. However, the child must meet all other eligibility requirements for a visa in order to obtain one.
7. Does the Amerasian child have to be born in Vietnam or another designated country in order to be eligible?
No, Amerasian children born outside of Vietnam or other designated countries may still be eligible for immigration benefits if they meet the definition of an Amerasian as defined by U.S. immigration law.
8. Is there a fee to apply for an immigrant visa for an Amerasian child?
No, there is no fee associated with applying for an immigrant visa for an Amerasian child.
9. Do I need to provide proof of health insurance when applying for an immigrant visa for an Amerasian child?
No, you do not need to provide proof of health insurance when applying for an immigrant visa for an Amerasian child.
10. Is a medical exam required when applying for an immigrant visa for an Amerasian child?
No, a medical exam is not required when applying for an immigrant visa for an Amerasian child. The child must still meet all other eligibility requirements for the visa.
11. Are there any other visas available for Amerasian children if they do not qualify for the I-360 visa?
Other visas may be available for Amerasian children, depending on their particular circumstances. A few examples include the K-3 visa, which is available to spouses of US citizens; the V visa, which is available to foreign citizens who are the beneficiaries of a family-based visa petition; the U visa, which is available to victims of certain criminal activities; and the T visa, which is available to victims of human trafficking. Additionally, Amerasian children may be eligible for permanent residence through other family-based immigration petitions.
12. What happens if my application is denied?
If your application is denied, you should receive an explanation from the financial institution regarding why your application was denied, as well as information about your right to appeal the decision. You also may be able to file a complaint with the Consumer Financial Protection Bureau or other government agency.
13. How will the USCIS notify me if my application is approved?
If your application is approved, USCIS will send you a Notice of Action (Form I-797C) confirming the approval.
14. Is there a time limit to get a decision on my immigrant visa application for an Amerasian child?
Yes, a decision on an immigrant visa application for an Amerasian child must be made within six months of the date the application was received.
15. Are there any other forms I need to complete along with Form I-360 when applying for an immigrant visa for an Amerasian child?
Yes. Along with filing Form I-360, the parent of the Amerasian child is also required to file a Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to adjust the child’s status from nonimmigrant to that of a permanent resident. Additionally, any accompanying family members must also file a Form I-485, unless they already are lawful permanent residents.
16. Are there any special instructions I should follow when submitting documents in support of the application for an immigrant visa for an Amerasian child?
Yes. When submitting documents in support of an application for an immigrant visa for an Amerasian child, you must submit a copy of the child’s birth certificate. This should be accompanied by a letter from the U.S. military branch or other U.S. government agency verifying the child’s Amerasian status. Additionally, you must provide evidence of the relationship between the child and the petitioner, such as marriage and divorce records if applicable.
17. Does the Amerasian have to be unmarried in order to be eligible?
No, the Amerasian does not have to be unmarried in order to be eligible for benefits and assistance.
18. Do I need to provide evidence of any family relationship when applying for an immigrant visa for an Amerasian child?
Yes, you must provide evidence of your relationship with the Amerasian child when applying for an immigrant visa. This could include a birth certificate, marriage certificate, adoption record, or any other official document that shows the family relationship.
19. Does the accompanying parent have to be a U.S. citizen or resident alien?
No, the accompanying parent does not have to be a U.S. citizen or resident alien.
20. Are there any other benefits available to Amerasians who are granted permanent residence through the I-360 process?
Yes, there are other benefits available to Amerasians who are granted permanent residence through the I-360 process. These include eligibility for financial assistance through state and federal programs, access to government services, and possible employment opportunities. Additionally, Amerasians may be eligible to become U.S. citizens after five years of permanent residence.