This law allows a person who was born in Korea, Vietnam, Laos, Kampuchea (Cambodia), or Thailand between January 1, 1951 and October 21, 1982 and fathered by a U.S. citizen to get a green card (permanent residence) (Public Law 97-359).
For more information, refer to Section 201(b), 203(a)(1), 203(a)(3), and 204(f) of the Immigration and Nationality Act (INA) and 8 CFR 204.4 (see “INA” link to the right).
You may be eligible to receive a green card (permanent residence) as an Amerasian if you meet all of the following conditions:
- You were born in Korea, Vietnam, Laos, Kampuchea, or Thailand between January 1, 1951 and October 21, 1982 and were fathered by a U.S. citizen
- You have a financial sponsor in the United States who is 21 years of age or older, of good moral character, and is either a U.S. citizen or permanent resident
- You are admissible to the United States
- An immigrant visa is immediately available to you (see the “Visa Availability & Priority Date” link to the right)
To obtain a green card, you must file, or have had filed on your behalf, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
If You Live Outside the United States
You will file Form I-360 at the USCIS office overseas or at the U.S. Embassy or consulate having jurisdiction over your current place of residence. For more information, see the “Consular Processing” link to the left under “Green Card Processes & Procedures.”
If You Live Inside the United States
You may file Form I-485, Application to Register Permanent Residence or Adjust Status, either after you file your Form I-360 or at the same time (concurrently) as the Form I-360. For more information, see the “Concurrent Processing” and “Adjustment of Status” links to the left under “Green Card Processes & Procedures.”
Note: Form I-360 may be filed by you, any person over age 18 you designate, or by a corporation incorporated in the United States. For more information on required documentation and processes for Form I-360, see the link to the right.
Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:
- Two passport-style photos
- Form G-325A, Biographic Information, if you are between 14 and 79 years of age
- Copy of government issued photo identification
- Copy of birth certificate
- Copy of passport page with nonimmigrant visa (if applicable)
- Copy of passport page with admission (entry) stamp (if applicable)
- Form I-94, Arrival/ Departure Record (if applicable)
- Form I-693, Report of Medical Examination and Vaccination Record
- Form I-360, if filing concurrently (at the same time). If Form I-360 was previously submitted and is either pending or approved, provide the Form I-360 receipt notice or approval letter (Form I-797, Notice of Action)
- Affidavit of Support, if not submitted with Form I-360
- Applicable fees
- Certified copies of court records (if you have ever been arrested)
Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see our Work Authorization and Travel Documents pages under Green Card Processes & Procedures.