Since the Nguyen family did not come to the United States first, the INS bureaucrats refused to classify Ty, Ninh, and Tuong-Van as refugees. As a result, the family had to obtain tourist visas to remain in America. Furthermore, they had to join the increasingly long line of immigrants waiting for citizenship quotas, and the delay would easily stretch far beyond the expiration dates of even the longest running visas they might hope to receive.
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Because they had left their native home without documentation or authorization, Ty, Ninh, and Tuong-Van faced certain imprisonment upon their return. The INS just shrugged it off as not their problem. Furthermore, the Clinton administration busily worked to establish trade and diplomatic relations with Vietnam and did not want to offend the Hanoi government by granting Ty, Ninh, and their daughter refugee status.
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The United States Army awarded Ty the Bronze Star with combat V for valor, for rescuing a squad of American soldiers out of a minefield near Chu Lai. Despite his heroism and sacrifice for America, the INS still wanted to deport the man, his wife, and their child back to Vietnam and to certain imprisonment.