Overview
Eligibility
Dependents
Ability to Work
Travel
How Do I Apply?
Where Do I Apply?
Overview
Section 586 of Public Law 106-429, Adjustment of Status for Certain Nationals of Vietnam, Cambodia, and Laos, provides permanent immigration benefits to 5,000 eligible individuals from those three countries. Following the Vietnam War, certain individuals from Vietnam, Cambodia, and Laos were paroled into the United States and have remained in an indefinite immigration status since.
To qualify for the program, an alien must be a national of Vietnam, Cambodia or Laos who was paroled into the United States prior to October 1, 1997. In addition, the alien must have entered the United States from one of three programs: the Orderly Departure Program, a Refugee Camp in East Asia, or a Refugee Camp administered by the United Nations High Commissioner for Refugees in Thailand. Detailed eligibility and procedural requirements are explained in the final regulation.
Principal Applicant Eligibility
To be eligible, an alien must demonstrate that he or she:
- Is a citizen or native of Vietnam, Cambodia, or Laos;
- Was inspected and paroled into the United States before October 1, 1997;
- Was physically present in the United States prior to and on October 1, 1997;
- Was paroled into the United States:
- From Vietnam under the auspices of the Orderly Departure Program;
- From a refugee camp in East Asia; or
- From a displaced persons camp administered by the United Nations High Commissioner for Refugees in Thailand;
- Applied for adjustment of status under section 586 of Public Law 106-429 during the period beginning on January 27, 2003 and ending on January 25, 2006, and paid all appropriate fees; and
- Is otherwise eligible to receive an immigrant visa and otherwise admissible to the United States for permanent residence except for those grounds of inadmissibility that do not apply or that are waived. See the regulation for information about admissibility.
Dependents
The statutory language of section 586 does not include a provision for the adjustment of
derivative family members. Rather, every alien has to be eligible on his or her own behalf. The Service notes that the Immigration and Nationality Act does provide a process, albeit a lengthier one, for dependent family members of lawful permanent residents to obtain permanent resident status. Once his or her adjustment of status application is approved, the new lawful permanent resident can submit Form I-130, Petition for Alien Relative, for a dependent spouse and unmarried children.
Ability to Work
Applicants who want to obtain employment authorization based on a pending application for adjustment of status under this section may submit Form I-765, Application for Employment Authorization, along with the application fee. If the Service approves the application for employment authorization, the applicant will be issued an employment authorization document.
Traveling Outside the U.S.
An alien may travel abroad while an application to adjust status is pending. Applicants must obtain advance parole in order to avoid the abandonment of their application to adjust status. An applicant may obtain advance parole by filing Form I-131, Application for a Travel Document, along with the application fee. If the Service approves Form I-131, the alien will be issued Form I-512 Authorization for the Parole of an Alien into the United States. Aliens granted advance parole will still be subject to inspection at a port-of-entry and to the 3- and 10-year bars to admission under section 212(a)(9)(B) of the Act if they accrued more than 180-days of unlawful presence before departing.
How Do I Apply
An alien must be physically present in the United States to apply for adjustment of status under section 586 of Public Law 106-429.
The application period lasts from January 27, 2003 until January 25, 2006. The Service will accept applications received after the end of the application period, but only if the 5,000 limit on adjustments has not been reached prior to the end of the three-year application period, and the application bears an official postmark dated on or before the final day of the application period.
An applicant must submit the following:
- Form I-485, Application to Register Permanent Residence or Adjust Status, along with the appropriate application fee (currently $255);
- Applicants who are 14 through 79 years of age must also submit the fingerprinting service fee ($50)
- Each application filed must be accompanied by evidence establishing eligibility as provided in the regulation;
- Two photographs as described in the Form I-485 instructions;
- A completed Biographic Information Sheet (Form G-325A) if the applicant is between 14 and 79 years of age;
- Form I-693, a report of medical examination with vaccination supplement
- and, if needed, an application for waiver of inadmissibility.
Under Part 2, question h of Form I-485, applicants must write ``INDOCHINESE PAROLEE P.L. 106-429''.
NOTE: These applications will be adjudicated in priority date order with
other adjustment (I-485) applications at the Nebraska Service Center.
Where Do I Apply
All applications for benefits under section 586 must be sent to:
Nebraska Service Center, P.O. Box 87485, Lincoln NE 68501-7485