V Visas

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Immigration >> Family-Base Petition >> V Visas

Eligiblity
V visa is available to those beneficiaries that satisfy the following conditions: 1. An immigrant petition (I-130) must have been filed by the sponsor for the beneficiary on or before December 21, 2000. 2. The beneficiary must have been waiting for at least three years since the time the I-130 was filed. The V visa is available regardless of whether the beneficiary is waiting for the I-130 to be approved or for an F2A visa. With this visa, the nuclear family can achieve unity in the U.S. The spouse can work and the child can go to school. International travel is permitted. The V visa remains valid as long as the underlying immigrant petition is valid. While the V visa is still available to those who satisfy the conditions, it is effectively no longer useful since the sunset date was December 21, 2000. Those who missed this deadline have no relief. Approximately 1,000,000 spouses/minor children of the lawful permanent residents are standing in the waiting line of 5-6 years for immigrant visas without being allowed to live with their spouses/parents in the U.S.

Fingerprinting Appointment
After receiving the application and proper fees, the applicant will be scheduled for fingerprinting at an Application Support Center (ASC). An applicant who does not appear for fingerprinting without previously notifying the Service may have his or her application denied under 8 CFR 103.2(b)(13).

How to Apply
V-visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity Act of 2000.[1] The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to most of spouses and minor children of he V visa is available to those beneficiaries that satisfy the following conditions: 1. An immigrant petition (I-130) must have been filed by the sponsor for the beneficiary on or before December 21, 2000. 2. The beneficiary must have been waiting for at least three years since the time the I-130 was filed. The V visa is available regardless of whether the beneficiary is waiting for the I-130 to be approved or for an F2A visa. With this visa, the nuclear family can achieve unity in the U.S. The spouse can work and the child can go to school. International travel is permitted. The V visa remains valid as long as the underlying immigrant petition is valid. While the V visa is still available to those who satisfy the conditions, it is effectively no longer useful since the sunset date was December 21, 2000. Those who missed this deadline have no relief. Approximately 1,000,000 spouses/minor children of the lawful permanent residents are standing in the waiting line of 5-6 years for immigrant visas without being allowed to live with their spouses/parents in the U.S.

Medical examination
An applicant applying for V nonimmigrant status must submit, along with his or her application, the results of a medical examination by a civil surgeon. The alien must submit this information on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, completed by a civil surgeon. Each Service district office maintains a list of physicians in the area who have been designated as civil surgeons by the Service. An applicant for V nonimmigrant status is not required to submit the vaccination supplement to Form I-693.

Terms and conditions
Aliens in V-1, V-2, or V-3 nonimmigrant status are authorized to remain in the United States until their authorized period of admission expires, or until one of the following is denied: (1) the Form I-130, Petition for Alien Relative, filed by the LPR on behalf of his or her spouse or child; (2) the alien's application for an immigrant visa; or (3) the alien's application for adjustment of status. If the V-1 or V-2 alien's status is terminated for any of these reasons,the V-3 status of any derivative child will simultaneously be terminated. Aliens in the United States in V nonimmigrant status must abide by the terms and conditions of that status as set forth in section 214 of the Act (8 U.S.C. 1184). Since V nonimmigrants are admitted to the United States to await the availability of an immigrant visa number in the F2A preference category (spouses and minor children of lawful permanent residents), in accordance with the State Department's monthly Visa Bulletin, they must continue to be eligible for that reference category. An alien who is no longer eligible for the F2A preference category described in section 203(a)(2)(A) of the Act (8 U.S.C. 1153(a)(2)(A)) is no longer eligible for V nonimmigrant status. For example, an alien would no longer be eligible if the qualifying marriage that forms the basis for the Form I-130 is terminated or the child petitioned for on the Form I-130 reaches the age of 21. If the Form I-130 is withdrawn by the petitioner, or if it is revoked under section 205 of the Act (8 U.S.C. 1155), then the alien is no longer considered to be in valid V classification beginning 30 days after the withdrawal or event that causes the revocation (8 U.S.C. 1184(p)(3)). (However, the Service notes that a spouse or child of an abusive lawful permanent resident may be eligible in certain circumstances to file a self-petition for classification as a preference immigrant, as provided in 8 CFR 204.4, even if the LPR has withdrawn the Form I-130 that was filed on his or her behalf.)

V VISA
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.

Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person: • is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and • is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and • has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but: • an immigrant visa is not yet available; or, • there is a pending application to adjust status or application for an immigrant visa. The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.

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