V Visa

BACKGROUND:

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, or for an immigrant visa, instead of having to wait outside the United States as the law previously required.

QUALIFICATIONS:

The V visa is available to the spouse and unmarried children under 21 years of age of legal permanent residents (LPR). In order to qualify, the spouse or child must meet the following criteria:

  • The I-130 petition must have been filed by the LPR on or before December 21, 2000 (Family 2A category only).
  • The applicant must have been waiting for an available visa for at least three years or more from the time INS received the I-130 filed on his or her behalf.

The unmarried child (under 21 years of age) of a person who meets the above requirements is also eligible for V status.

APPLICATION:

V visa applicants outside the US will need to apply for their visa at a US consulate abroad. Forms required include DS-3052, OF-156, I-693 medical examination, and police certificate. Applications must be made at the post where the applicant’s immigrant visa was to be processed.

If inside the United States, persons may apply for V status by completing Form I-539, Supplement A, Form I-693 Medical examination, evidence of the filing of Form I-130, fingerprint fee and filing fee.

EXTENSIONS:

V status is granted for an initial period of two years, and may be extended in two-year increments for a maximum of ten years. The period could be shorter for age out children.

EMPLOYMENT AUTHORIZATION:

Work authorization is permitted for as long as V status is maintained. Persons already in the US can apply for work authorization concurrently with the V visa application.

TRAVEL:

V non-immigrants may travel to and from the United States while they wait for their immigrant visas. However, persons who have been unlawfully present in the United States for more than 180 days SHOULD NOT depart the United States since their departure will trigger the 3/10 year bar.

If the person is granted V non-immigrant status abroad, he/she may be inspected and admitted to the United States in V nonimmigrant status after traveling abroad as long as the person continues to possess a valid, un-expired V visa and remain eligible for V nonimmigrant status.

If the person is granted V nonimmigrant status in the United States by the INS, a V visa must be obtained from a consular office abroad in order for the person to be inspected and admitted to the United States as a V nonimmigrant after traveling abroad.

A V nonimmigrant with a pending Form I-485, Application to Register Permanent Residence or Adjust Status, does not need to obtain advance parole prior to traveling abroad. This means that an alien in V nonimmigrant status may be readmitted as a nonimmigrant despite the fact that he or she is an intending immigrant with a filed application for adjustment of status or an immigrant visa. The departure of a V nonimmigrant with a pending applications for adjustment of status is not considered to have abandoned the adjustment application upon departure.

TERMINATION OF V STATUS

V status terminates if the I-130 petition or the permanent residence application is denied or if the LPR withdraws the petition. V status is also terminated in case of divorce or age out or marriage of the child.

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