Amerasian Laws

H.R. 4007, The Amerasian Paternity Recognition Act

Amerasian Paternity Recognition Act – Amends the Immigration and Nationality Act to confer automatic citizenship on aliens residing in the United States in lawful permanent resident status: (1) pursuant to a classification petition approved under a provision that gives preferential treatment to persons born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and fathered by a U.S. citizen; or (2) who were born in Vietnam after January 1, 1962, and before January 1, 1976, and fathered by a U.S. citizen.

U.S. Legislation Regarding Amerasians
This section will focus on the present and past legislation, including news articles, regarding Amerasians in the U.S. and in Asia. The most recent bill making its way through Congress is the Amerasian Naturalization Act of 2003. So far, this bill has been stonewalled and does not look like it will be passed. Please write your Senators and Congressperson to make sure that Amerasians are accorded their rights into becoming U.S. Citizens.

Congressman Moran Introduces Legislation Providing Automatic Citizenship to Amerasians Born to U.S. Soldiers Between 1950 and 1982
WASHINGTON, March 31 – Congressman Jim Moran, Virginia Democrat, has introduced legislation in the U.S. House of Representatives providing full citizenship for Amerasians born to U.S. soldiers between the years 1950 and 1982.

Currently, Amerasians are allowed to emigrate from their home country to the U.S. and receive permanent residency status. This legislation, co-sponsored with Congressman Lane Evans, grants full and automatic citizenship to these individuals. Those persons covered under the legislation include Amerasians from Korea, Vietnam, Laos, Kampuchea, and Thailand as part of the Amerasian Immigration Act of 1982 as well as the Amerasian Homecoming Act of 1988, which allowed additional Amerasians to emigrate from Vietnam. This legislation would amend both acts to allow for automatic citizenship.

“This legislation makes it explicitly clear that these Amerasians are not simply ‘permanent residents,’ but are citizens of the United States and are entitled to all of the rights and privileges -and responsibilities – that come with it,” Moran said. “This country has a moral duty to grant them citizenship and welcome them with open arms.”

Unlike other children born overseas to American fathers, these children – most of whom are now adults – are not given the right of American citizenship. And in their home country they face discrimination and segregation because of their heritage. Moran said this legislation would ensure that if they come to the U.S., they would become citizens and part of their new country.

“America has a rich history of accepting immigrants from foreign lands. We must do all we can to be accepting of those persons who already have links to this country through their birth and are entitled to be citizens,” Moran said.

Source: http://www.moran.house.gov/issues2.cfm?id=8530

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Congress Considering Automatic U.S. Citizenship for Amerasians
A bill to grant automatic American citizenship to some Amerasians has been presented to the U.S. House of Representatives.

Reps. Lane Evans and James Moran, and South Korean lawyer Cheon Jong-joon held a press conference at the U.S. House of Representatives building on Wednesday and announced the proposed bill.

According to the bill, Amerasians, who were born in five Asian countries including South Korea, Vietnam, Laos, Thailand and Cambodia and acquired rights to permanent residence in the United States, will be eligible for automatic American citizenship under the Amerasian Immigration Act of 1982. The bill applies only to those who were born in these five Asian countries between December 31, 1950 and October 22, 1982.

‘The bill clearly stipulates that Amerasians are also American citizens, so they are entitled to have all the rights, privileges and responsibilities as such,’ said Rep. Moran.

(Joo Yong-jung, midway@chosun.com )

Source: http://english.chosun.com/w21data/html/news/200404/200404010019.html

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Amerasian Naturalization Act of 2003
108th Congress

1st Session

H. R. 3360

To amend the Immigration and Nationality Act to provide for the automatic acquisition of citizenship by certain Amerasians.

IN THE HOUSE OF REPRESENTATIVES

October 21, 2003

Ms. LOFGREN (for herself, Mr. CASE, Ms. JACKSON-LEE of Texas, Ms. MILLENDER-MCDONALD, Mr. FARR, Mr. FRANK of Massachusetts, Mr. ABERCROMBIE, Ms. SLAUGHTER, Ms. MCCOLLUM, Mr. EMANUEL, and Mr. GUTIERREZ) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide for the automatic acquisition of citizenship by certain Amerasians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Short Title

This Act may be cited as the `Amerasian Naturalization Act of 2003′.

SEC. 2. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN AMERASIANS.

(a) IN GENERAL- Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the following:

AMERASIAN IMMIGRANTS; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED

`SEC. 321. A person automatically becomes a citizen of the United States when the person is residing in the United States pursuant to a lawful admission as an immigrant under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (8 U.S.C. 1101 note), if the person was considered a principal alien pursuant to subsection (b)(1)(A) of such section.’.

(b) CLERICAL AMENDMENT- The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 320 the following:

`321. Amerasian immigrants; conditions under which citizenship automatically acquired.’.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect 120 days after the date of the enactment of this Act and shall apply to individuals who satisfy the requirements of section 321 of the Immigration and Nationality Act (as added by subsection (a)) before, on, or after such date.

END.

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Lofgren Introduces Citizenship Bill for Children Born in Vietnam to American Servicemen and Vietnamese Women During the Vietnam War
October 22, 2003

Washington, DC – U.S. Representative Zoe Lofgren (D-San Jose) introduced the Amerasian Naturalization Act of 2003 (H.R. 3360) to ensure that children born to American servicemen and Vietnamese women in Vietnam during the Vietnam War (Amerasians) are accorded U.S. citizenship just like the offspring of other American fathers.

“Despite being born to American fathers, a group of forgotten sons and daughters cannot take advantage of the Child Citizenship Act or other existing provisions of law,” Lofgren said. “This legislation is about fairness and equality. Amerasians should not be treated differently than other sons and daughters born to U.S citizen fathers.”

“These individuals lived through devastation during the Vietnam War and have been mistreated by the Vietnamese government because of their mixed race. Now is the time to treat them as the U.S. citizens they are and give them the equality they deserve.”

Unlike other foreign-born offspring of American fathers, Amerasians are required to apply for naturalization and fulfill all the requirements of naturalization like immigrants who do not have U.S. citizen parents. This lengthy process is not ordinarily required of the sons and daughters of American citizens who gain U.S. citizenship based on the American citizenship of their parent. Many Amerasians never become U.S citizens because of these requirements.

“There is no doubt that they are sons and daughters of American fathers. That determination was made when the U.S. government invited these individuals to come to the Untied States to live and granted them legal permanent residence,” said Lofgren. “It is time to finally close a chapter in our history that has too long denied Amerasians the opportunity to be recognized as the American citizens they are.”

The Amerasian Naturalization Act of 2003 would confer automatic U.S. citizenship upon Amerasians who legally enter the U.S. in the future or have already entered in the past through the Amerasian Homecoming Act of 1988. For those who already entered, they would become U.S. citizens upon the effective date of the Amerasian Naturalization Act of 2003 without having to undergo any additional processes. Those who enter in the future would attain U.S. citizenship once they legally enter and reside in the U.S. through the Amerasian Homecoming Act of 1988.

Source: http://www.house.gov/lofgren/news/2003/pr_031022_Amerasian.html

You can also contact Congresswoman Zoe Lofgren at this web address: http://www.house.gov/lofgren/emailform.shtml. I strongly urge everyone to contact Congresswoman Lofgren in regards to the Amerasian Naturalization Act of 2003.

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