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U.S. immigration law provides for the issuance of immigrant visas in five general categories:

Immediate Relatives

According to U.S. immigration law, there are no annual limitations on the number of immigrant visas in categories for immediate relatives. The following categories are considered immediate relatives of U.S. Citizens:

  • IR1/CR1: Spouse of U.S. citizen. Learn more
  • IR2/CR2 : Unmarried child or step-child under 21 of U.S. Citizen
  • IR3: Adopted child of U.S. citizen
  • IR4: Child to be adopted in the U.S. by U.S. Citizen
  • IR5: Parent or step-parent of U.S. citizen
  • K1: Fiancé(e) of U.S. citizen. Learn more
  • K3: Certain spouses and minor step-children of U.S. Citizen. Learn more  

Note: For information on adopted children of U.S. citizens, please visit

http://hanoi.usembassy.gov/orphan_visas.html or http://adoption.state.gov

Family-Based Immigrants

Family-based immigrant visas are available for certain relatives of U.S. citizens and lawful permanent resident aliens. These visa categories are limited annually. Cases are processed according to the date the petition was filed with the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS). The date the petition is filed is called the priority date. For the current priority dates in each category, please look up the Visa Bulletin on the Bureau of Consular Affairs web site.

  • F1 : Unmarried son or daughter of U.S. citizen
  • F2A : Spouse and unmarried children under 21 of Legal Permanent Resident
  • V : Nonimmigrant visas for spouse and unmarried children under 21 of Legal Permanent Resident. Learn more 
  • F2B : Unmarried son or daughter over 21 of Legal Permanent Resident
  • F3 : Married son or daughter of U.S. citizen
  • F4 : Brother or sister of U.S. citizen

Employment-Based Immigrants

A specific offer of employment from a U.S. based employer is required to qualify for immigration in the employment-based immigrant category. These are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL) and the filing of a petition with United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).

More information about visa categories is available on the State Department's Consular Affairs website at http://travel.state.gov/visa/immigrants/types/types_1326.html

Diversity Visa (DV) Program

Vietnamese citizens are not eligible for the Diversity Visa 2016 Program.

For general information about the Diversity Visa Program or if you are from a country that is eligible for this program, please visit the website: travel.state.gov.

Fraud Alert-Diversity Visa Program Scammers Sending Fraudulent Emails and Letters

The Department of State, Office of Visa Services, advises the public of fraudulent emails and letters sent to Diversity Visa (DV) Program applicants. The scammers behind these fraudulent emails and letters are posing as the U.S. government in an attempt to extract payment from DV applicants.

The Department of State is once again utilizing web-based tools to notify entrants of their selection and immigrant visa (IV) interview appointment as part of ongoing efforts to combat fraud perpetrated against DV entrants.  The Department will not send selectee notification or appointment letters to successful entrants by regular mail or by e-mail.  Starting May 5, 2015, entrants may enter their DV-2016 entry confirmation number into the Entrant Status Check, available at www.dvlottery.state.gov, to find out whether their entry was selected or not. 

For Visa Related Fraud Information - Refer to these frequently asked questions.

Amerasian Visa

U. S. immigration regulations governing the issuance of Amerasian immigrant visas define an Amerasian as “an alien who was born in Vietnam after January 1, 1962 and before January 1, 1976 and who was fathered by a citizen of the United States.” For further information about Amerasian visas, please click here 

Note:

IR1/CR1: A spouse is a legally wedded husband or wife of a U.S. citizen. Therefore, a petition cannot be filed until the marriage certificate has been registered. The petitioner must be at least 18 years of age and have a domicile in the U.S.

IR2/CR2: Unmarried child or step-child under 21 of U.S. Citizen

- A step- child will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday.
- A separate petition must be filed for each eligible relative immigrating.
- No derivative status in this category.

IR5: Parent or step-parent of U.S. citizen

- The petitioning U.S citizen must be at least 21 years old.
- A step-parent will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday.
- If you have been legally adopted, you may not petition for your birth parent.
- A separate petition must be filed for each eligible relative immigrating.

K-1: A U.S. citizen may apply for an immigrant visa on behalf of his or her foreign national fiancé(e) if:

- Both parties are legally free to marry;
- The two persons have met in person within the past two years;
- The marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa; and
- The fiancé(e) will take up indefinite residence in the United States after the marriage takes place; furthermore:
- The fiancé’s children under the age of 21 are eligible for derivative (K2) status under his/her visa petition. Their name(s) should be included in the petition; and
- The derivative children may travel with the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent.

K-3: A legally wedded spouse of a U.S. citizen. The petitioner should file a separate immigrant petition for each family member (Form I-130) first, then another petition (Form I-129F) for his/her spouse and children.

- The spouse must apply for and/or be issued the K-3 visa in the country where the marriage took place;
- The spouse’s child can come to the U.S. on a K-4 visa. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
- There is no need to file a separate petition (Form I-129F) for the child. The child can be added to the spouse’s petition.

F1: The beneficiary’s marital status in this visa category must be single. If the beneficiary marries prior to being issued a visa and/or being admitted into the United States, the visa category will be changed to F3 (married sons and daughters of a U.S. citizen).

F2A: The spouse’s children under the age of 21 are eligible for status under his/her visa petition. However, please note if the petitioner becomes a U.S. citizen before his or her case becomes current, a separate petition will be required for each child. In this case, the petitioner will need to submit proof of his/her citizenship to the National Visa Center (if the case is with the NVC) or the US Consulate General in Ho Chi Minh City (if the case is in our office).

V: A legal Permanent Resident may apply for V visas on behalf of his/her spouse and unmarried children under 21 with these conditions:

- The immigrant visa petition (I-130) was filed on or before December 21, 2000;
- Priority date is at least 3 years old;
- Priority date is not current;
- Applicant has not already had an immigrant visa interview or been scheduled for an interview;
- Petition is not already at an embassy or consulate abroad; and
- Applicant is otherwise eligible as an immigrant.

F2B: A Legal Permanent Resident (LPR) may apply for an immigrant visa on behalf of his or her foreign national unmarried sons or daughters over the age of 21. If the beneficiary is married before the petitioner’s naturalization, the petition will become invalid.

F3: Married sons or daughters of U.S. citizens. The beneficiary’s spouse and children under the age of 21 are eligible for derivative status under his/her visa petition.

F4: Brothers or sisters of U.S. citizens - The U.S. citizen (petitioner) has to be at least 21 years of age. - The beneficiary’s spouse and children under the age of 21 are eligible for derivative status under his/her visa petition.