During the Korean and Vietnam Wars, some U.S. military personnel fathered children with Asian nationals while stationed in Asia. Congress enacted legislation for humanitarian reasons to allow for the admission and immigration of certain Amerasian children fathered by U.S. citizens.
Congress later passed the Amerasian Homecoming Act[2] in 1987, which allowed mothers and other immediate family members of certain Vietnamese Amerasians to relocate to the United States with their Amerasian children. Unlike the original Amerasian program, only a person born in Vietnam is eligible as a principal applicant under the Amerasian Homecoming Act.[3] Persons fathered by a U.S. citizen could be granted admission to the United States provided they were born in Vietnam after January 1, 1962 and before January 1, 1976, if they were residing in Vietnam on or after March 22, 1988. Although the program was originally limited to 2 years, subsequent amendments removed the time limitation and left the program with no end date.
Amerasian Homecoming Act Applicants
An Amerasian Homecoming Act principal applicant must:
The Amerasian Homecoming Act allows certain relatives of the principal applicant to accompany or follow to join the principal applicant as derivatives. Relatives of the principal applicant who may qualify as derivatives include:
The officer, in his or her discretion, must determine that the noncitizen who acted in effect as the principal applicant’s mother, father, or next of kin:
Also, if a noncitizen who acted in effect as the principal applicant’s mother, father, or next of kin is admitted to the United States, the principal applicant’s natural mother may not be accorded any right, privilege, or status under the Immigration and Nationality Act (INA) based on that parent-child relationship.[13]
Amerasian Homecoming Act adjustment applicants are subject to all grounds of inadmissibility, except:
Like other adjustment applicants, an applicant seeking to adjust based on the Amerasian Homecoming Act who is inadmissible to the United States may only obtain LPR status if he or she obtains a waiver or other form of relief, if available.[18] If a ground of inadmissibility applies, an applicant must apply for a waiver or other form of relief to overcome the inadmissibility.[19]
The Amerasian Homecoming Act has its own waiver provisions. USCIS may waive grounds of inadmissibility on an individual basis for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Applicants requesting a waiver must file an Application for Waiver of Grounds of Inadmissibility (Form I-601).
Filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) is the first step for an Amerasian beneficiary to become an LPR. However, the filing or approval of the petition does not give the beneficiary any immigration status or benefit. Generally, if the petition is approved, the beneficiary can file an Application to Register Permanent Residence or Adjust Status (Form I-485) to apply to become an LPR. Applicants are not eligible to file the adjustment application concurrently with the Form I-360 petition.
The petitioner must file the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) in accordance with the form instructions.[20] The petition may be filed by:
The petitioner should submit all required evidence[22] in accordance with the form instructions.[23] The officer must carefully evaluate the evidence submitted to determine whether there is sufficient evidence to demonstrate that there is reason to believe that the beneficiary was fathered by a U.S. citizen.[24] USCIS may ask the claimed father, sibling, uncle, aunt, grandmother, granfather and the beneficiary to submit DNA tests.
For Amerasian cases in Vietnam, the American Consulate in Vietnam ask the Amerasian, including the claimed father and sibling, uncle, aunt, grandfather, grandmother submit DNA test. The Amerasian must also submit his/her GI father’s military records or DD214.
Codes of Admission | |
Unmarried Amerasian son or daughter of a U.S. citizen born in Cambodia, Korea, Laos, Thailand, or Vietnam | A16 |
Child of an A11[37] or A16 | A17 |
Married Amerasian son or daughter of a U.S. citizen born in Cambodia, Korea, Laos, Thailand, or Vietnam | A36 |
Spouse of an A31[38] or A36 | A37 |
Child of an A31 or A36 | A38 |
Amerasian born in Vietnam after January 1, 1962 and before January 1, 1976 who was fathered by a U.S. citizen | AM6 |
Spouse or child of an AM1[39] or AM6 | AM7 |
Mother, guardian, or next-of-kin of an AM1 or AM6, and spouse or child of the mother, guardian, or next-of-kin | AM8 |
Amerasian child of a U.S. citizen born in Cambodia, Korea, Laos, Thailand, or Vietnam (immediate relative child) | AR6 |
H.R. 3171 (100th): Amerasian Homecoming Act
Cosponsors of H.R. 3171 (100th)
On August 6, 1987, Rep. Robert J. Mrazek [D-NY-3] introduced the Amerasian Homecoming Bill (H.R. 3171). The bill was cosponsored by 204 U.S. representatives (154 Democrats, 49 Republicans, and 1 Independent). In 1988, the U.S. Congress passed the Amerasian Homecoming Act (PL 100-200). The law took effect on March 21, 1988 and allowed Vietnamese Amerasians born January 1, 1962 through January 1, 1976 to apply for immigrant visas until March 21, 1990. Additionally, the legislation removed immigration quotas and reduced legal barriers for Vietnamese Amerasians’ immigration. As a result of the act around 20,000 Amerasian children left Vietnam. Prior to the Amerasian Homecoming Act, many Amerasian children faced prejudice in Vietnam sometimes referred to as bui doi (“the dust of life” or “trash”). However, after the act many of these children would be called “golden children” since not only could the Amerasian children move to the United States, but so could their families. The act allowed the spouse, child, mother, or the next of kin of the Amerasian child to emigrate. The act was significant because it allowed applicants to establish mixed race identity by appearance alone.
Under the law, Amerasians and their relatives could apply for immigration to the United States. They were given full refugee assistance, even though they were not officially classified as refugees. During the peak years of immigration under this law, from 1988 to 1993, about 95 percent of all applicants and their relatives were admitted. By that time, the law had facilitated immigration for about 20,000 Amerasians and about 50,000 of their relatives. In 1993, however, the U.S. government learned that there had been widespread misuse of the law, as ordinary Vietnamese citizens eager to go to America had been paying bribes in order to pose as relatives of Amerasians who were pressured to participate in the scheme. It was estimated that about 17 percent of the immigrants admitted under this law were fake relatives. In response, U.S. government approval of later applications fell to as low as 5 percent after 1994.
By 2009, about 25,000 Amerasians and 60,000 to 70,000 of their relatives had immigrated to America under the Amerasian Homecoming Act. By then, however, the annual numbers had severely declined. In fiscal year 2007, for example, only 129 immigrants were admitted to the United States under the law. In June, 2009, the U.S. consulate in Ho Chi Minh City began processing applications on a special appointment basis only.
In general, the Amerasians who came to the United States with their mothers did the best in assimilating to American society. Many faced great hardships, but most proved resilient and successful. However, only 3 percent of them managed to contact their American fathers after arriving in the United States. By 2009, about 50 percent of all the immigrants who arrived under the law had become U.S. citizens.
In 2015, the U.S. consulate in Ho Chi Minh City began processing applications with the claim father, sibling, uncle, aunt, grandfather, grandmother and the Amerasian to submit DNA tests and provide the father basic military records or DD214.
By 2024, about 30,000 Amerasians and 70,000 to 80,000 of their relatives had immigrated to America under the Amerasian Homecoming Act. There are also some declined cases due to the lack of the father evident provided to the U.S consulate in Vietnam.
Director: Jannies Nguyen-1444 NW 24th St. Oklahoma City, Ok 73106. Email: jannies@acovv.org.
Amerasian Children of Vietnam Veterans, Corp. EIN# 37-1786449
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