The McCain Program

Background

The most recent version of the McCain Amendment, included in H.R. 2764, was extended on December 17, 2007. It will expire on September 30, 2009.

Applications received after close of business in the U.S. Consulate General Ho Chi Minh City on September 30, 2009, will not be eligible for consideration under this program.

Eligibility

The McCain Amendment provides that certain sons or daughters of former Vietnamese re-education center detainees are to be considered refugees of special humanitarian concern and may be eligible for resettlement in the U.S. if they meet the following criteria:

A. They are the adult (over 21 years of age) son or daughter of a national of Vietnam who:

1.	was formerly interned in a re-education center or is a widow of a formerly interned re-education camp detainee in Vietnam;
2.	was accepted for resettlement in the U.S. as a refugee or an immediate relative immigrant under the Orderly Departure Program (ODP) sub-program for re-education camp detainees, or via the U.S. Consulate General in Ho Chi Minh City; and
3.	(a)	is presently maintaining a residence in the United States, or whose surviving spouse is presently maintaining such a residence, or
	(b)	is awaiting departure formalities from Vietnam or whose surviving spouse is awaiting departure formalities; AND

B. They were unmarried as of the date of their parent's approval for refugee resettlement in the U.S. or immediate relative immigrant visa issuance.

Application procedures

In order to submit an application, please print out and complete the McCain Amendment Program Application Form and mail it to us directly at:

Humanitarian Resettlement Section (HRS)
US Consulate General - Ho Chi Minh City
4 Le Duan, District 1
Ho Chi Minh City, Vietnam

Humanitarian Resettlement Section (RRS)
US Consulate General - Ho Chi Minh City
Department of State
7160 Ho Chi Minh City Place
Washington, DC 20521 - 7160

Text of the Law
SECTION 1. ELIGIBILITY FOR REFUGEE STATUS

(a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROCESSING IN VIETNAM - For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2004 and 2005, an alien described in subsection (b) shall be considered to be a refugee of special humanitarian concern to the United States (within the meaning of section 207 of the Immigration and Nationality Act (8 U.S.C.1157)) and shall be admitted to the United States for resettlement if the alien would be admissible as an immigrant under the Immigration and Nationality Act (except as provided in section 207(c)(3) of that Act).

(b) ALIENS COVERED - An alien described in this subsection is an alien who:
(1)
is the son or daughter of a qualified national;
(2)
is 21 years of age or older; and
(3)
was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City.
(c) QUALIFIED NATIONAL - The term 'qualified national' in subsection (b)(1) means a national of Vietnam who:
(1)
(A)
was formerly interned in a re-education camp in Vietnam by the Government of the Socialist Republic of Vietnam; or

(B)
is the widow or widower of an individual described in subparagraph (A);
(2)
(A)
qualified for refugee processing under the Orderly Departure Program re-education
subprogram; and

(B)
is or was accepted under the Orderly Departure Program or through the United
States Consulate General in Ho Chi Minh City
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an immediate relative immigrant; and
(3)
(A)
is presently maintaining a residence in the United States or whose surviving spouse is presently maintaining such a residence; or

(B)
was approved for refugee resettlement or immigrant visa processing and is awaiting departure formalities from Vietnam or whose surviving spouse is awaiting such departure formalities.

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Background

B. They were unmarried as of the date of their parent's approval for refugee resettlement in the U.S. or immediate relative immigrant visa issuance. Application procedures

B. They were unmarried as of the date of their parent's approval for refugee resettlement in the U.S. or immediate relative immigrant visa issuance.

Application procedures