The following article "The
Children They Left Behind" was written by Indira A. R. Lakshmanan
and was published in the Boston Globe on 26th of October, 2003
Please click here for the Times article 'Children
of the Dust', written by Kay Johnson and published on the 20th of
May, 2002.
This article below was published in the Wall Street Journal. It was written
by G. Bruce Knecht and published in 2002.
Vietnam's "Dust Children" in Limbo
---
U.S. Law Grants Visas to Those
With American Features,
But Some Are Still Denied
----
By G. Bruce Knecht
Staff Reporter of The Wall Street Journal
The Wall Street Journal
HO CHI MINH CITY, Vietnam -- Any Vietnamese resident who has "American
facial features" and was born between 1962 and 1976 is entitled to
an American immigrant visa. So why are two young men who look like African-Americans
and two others who look more Hispanic than Vietnamese living in a filthy
small room in one of this city's worst slums?
A quarter century after American troops left Vietnam, an unknown number
of their offspring are still here. Some of the men have beards and hairy
chests, rare among Vietnamese. But a number of them carry rejection letters
from the U.S. consulate that state: "It was found that you do not
have the physical appearance characteristic of Amerasians."
Tran Van Hai, one of the dark-skinned men who live in the small room,
says his mother told him that his father's first name is Mark and that
he worked at a radar station near an American military base. In spite
of his African features, the American consulate has repeatedly rejected
his visa application. "I'm not Vietnamese," he says, "and
I will never be happy here."
The Amerasian Homecoming Act, enacted by Congress in 1987, has enabled
24,000 Amerasians and 67,000 of their family members to immigrate to the
U.S. (Officials at the U.S. consulate declined to say how many applicants
have been rejected.) Unlike other immigrant categories, the standards
were intended to be liberal, and the program isn't restricted by deadlines
or quotas. But some Amerasians appear to be trapped in a Kafkaesque bureaucratic
limbo. An official of the American consulate, who was made available by
the consulate on condition he wouldn't be identified, said the consulate
receives about 20 new applications every week and has a backlog of "several
hundred applicants" who haven't been evaluated. The decision-making
process begins -- and frequently ends -- with the most superficial of
evaluations: a look at the applicant's face, the official says. Anyone
thought to look like an American is immediately approved, regardless of
whether he or she has any supporting evidence. "Anyone I don't admit
will then be seen right then and there on that same day by two other consular
officers," says the official. "And if either of those two think
the applicant's appearance is credible to establish that they're Amerasian,
they will go directly into the program. So basically, it takes three nos
for anyone to be screened out of the program and only one yes" to
be accepted. "The rule of thumb is that any benefit of doubt goes
to the
applicant," he said.
So why are applicants who appear so unlikely to be the son or daughter
of a Vietnamese father being rejected? The U.S. consul general in Saigon,
Emi Lynn Yamauchi, declined to comment for this article. But consulate
officials acknowledge that the approval process can't be conducted with
scientific certainty. They also suggest that some of the Amerasians who
are still here were rejected because they had previously submitted falsified
applications. Some Amerasians, in fact, have allowed middlemen known as
traffickers to facilitate the application process. The traffickers use
the Amerasians as a means to extract money from other Vietnamese who hope
to immigrate to the U.S. as well by claiming to be relatives. Applicants
suspected of claiming false relatives are generally rejected, even if
they reapply later on their own.
Amerasians, almost all of them indigent and uneducated, seem vulnerable
to such exploitation. Indeed, after the Amerasian Homecoming Act was enacted,
they were called "gold children" by the Vietnamese who wanted
to move the U.S. and sought to claim blood relationships. And Amerasians
may have little reason to assume that any government
process is free of corruption. Many grew up as orphans, abandoned not
only by their fathers
but also by their mothers, who are often assumed by Vietnamese to have
been prostitutes. Ridiculed for being "half breeds" or "children
of dust," many have been denied access to schools. Those with African
features are treated particularly badly because many Vietnamese hold people
with dark skin in low regard.
Submitting false applications doesn't explain the fate of candidates with
non-Asian features who say they completed legitimate applications but
were rejected on the grounds that they don't look Amerasian. Among them
are a woman named Tran Thi Du, who has an Afro and dark skin, and a Caucasian-looking
man named Duong Hoa Du, both of whom received single-page form letters
saying they were rejected because of their appearance. Consulate officials
say they have a policy against discussing specific applications.
The four men who live in the small room here in Ho Chi Minh City -- Tran
Van Hai, Nguyen Thanh An, Nguyen Van Thi, and Nguyen Thanh Hien -- admit
to working with traffickers. They say they first submitted legitimate
applications, but were rejected. Then they let the middlemen create new
applications, thinking that would give them a better chance.
They say the traffickers didn't offer to pay them, but convinced them
that their acceptance by the consulate was guaranteed if they agreed to
claim fake family members. After their false claims were discovered by
the consulate, three of the four say they have tried to meet with consulate
officials to explain what happened and apply again but have been unsuccessful.
The fourth, Nguyen Thanh Hien, received an immigrant visa in November
after agreeing to provide the consulate with a detailed statement about
the trafficker who had arranged his falsified application. Even so, Hien
is still in Vietnam because he has been unable to obtain other required
travel documents. Pham Thi Anh Tuyet, a fair-skinned 30-year-old who looks
a bit like Dorothy Hamill, also finds herself in limbo. She says she was
adopted by a taxi driver
who heard that she was going to be abandoned by her mother because Tuyet
was fathered by an American. Although Tuyet, who still lives in a house
owned by the taxi driver, works as a seamstress to support her two brown-haired
sons, ages nine and 10, she says, "I don't have a future here, and
I don't want that for my sons."
Tuyet has applied for a visa but was rejected. She complains that there's
no one to advise her in the visa-application process. The process also
frustrates some Americans. Dan Cobb, a 74-year-old Texan, recently visited
Vietnam because he believes he fathered 32-year-old
Nguyen Tan Phat, whose application was rejected in 1999 because the consulate
said he
had a non-American appearance. "Phat's mother says I'm the father,"
says Mr. Cobb, who
had worked for a military contractor and who recently contacted the woman
he had dated during the war. Mr. Cobb complains that consulate officials
won't even meet with him due to a policy that only applicants are given
appointments. "Phat was produced by America," he says, "and
I would like him to be an American."
WSJviaNewsEDGE
Copyright (c) 2002 Dow Jones and Company, Inc