On April 1, 2001 a new nonimmigrant visa category, the V visa, was
established to enable the spouse and children of certain Legal Permanent
Residents (LPRs) of the United States to live in the U.S. while awaiting
their Priority Date
to become current.
What is a V visa?
Because of numerical limits imposed by Congress, there is a waiting period
when a Legal Permanent Resident (LPR) residing in the United States
petitions on behalf of his/her spouse and children living overseas. For
many people, this wait will be four years or longer. Previously,
applicants were required to wait abroad, while their spouse, father or
mother resided in the U.S.
The V visa allows certain spouses (V-1 category) and children (V-2
category) of Legal Permanent Residents to live in the United States in
nonimmigrant visa status while awaiting their priority dates for
immigration.
Who Qualifies?
The requirements for a V visa are very specific and all must be met. Only
applicants identified by the National Visa Center may qualify. The
criteria used to identify potential applicants for the V visa are:
* An I-130 petition must have been already filed on or before December 21,
2000.
* The applicant must demonstrate that he or she
has been waiting for action on the petition filing for three years or
more.
* The applicant must be eligible as an Immigrant. This means that an
applicant will still go through most of the steps involved in applying for
an Immigrant Visa.
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Who is Not Eligible for a V Visa?
Among those who are not eligible for a V visa are:
* Brothers and sisters of American Citizens.
* Parents of US citizens.
* Grandchildren of lawful permanent residents.
* Beneficiaries of employment-based immigrant visa petitions.
* Persons whose priority date is current and whose I-130 petition is
already at an overseas post, and who either have already been interviewed
or have been scheduled for an interview by a consular officer overseas.
How do I Know that I am Eligible?
The National Visa Center (NVC) mailed instructional letters to all
applicants with non-current files who may be eligible to apply for a V
visa. If you have not received such a mailing, you are probably not
eligible because the date that the petition was filed on your behalf does
not meet the above criteria. Your spouse in the United States should
contact the INS where the petition was filed if you did not receive a
letter but think you might qualify.
You can contact the National Visa Center if you believe you should have
received a letter of eligibility but have not.
National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909
U.S.A.
Telephone (603) 334-0700
or
FAX (603) 334-0759
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Frequently Asked Questions
* I received a letter from the NVC. What do I do?
Contact your local US consulate or embassy or experienced immigration
attorney. You will be given additional instructions on how to
proceed with your application.
* How long is a V Visa Valid?
V visas are generally issued for multiple entries and with 10 years
validity for adults and children under 11 years old. Children age 11 and
older will receive visas valid until their 21st birthday.
* Can I Work in the U.S. with a V Visa?
V Visa holders can apply to the USCIS for employment authorization. Contact
us.
* Where Should I Apply for my V Visa?
You must apply at the American Embassy or Consulate where your immigrant
visa was to be processed. This is generally the Embassy or Consulate named
in the I-130 petition originally filed by your LPR spouse or parent.
* What happens once I enter
the United States?
If found admissible, the Department of Homeland Security, US Citizenship
and Immigration Services (USCIS) will admit the holder of a V visa for an
initial period of 2 years. After two years, the V visa holder may apply
for an extension of stay, if a visa number is not yet available for his or
her use, or an immigrant visa, if it is. A child is only eligible for V
visa status while under the age of 21. If he or she turns 21 before the
immigrant visa is issued, he/she will lose his or her entitlement to V
visa status. If your child is in the United States, you must contact the
USCIS or Contact us further
information.
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* If I am in the U.S. already, can I
change status to V status? How do I apply for the V status in the U.S.?
Yes, you can. You should contact experienced immigration attorney or our
office for help.
* Do I have to be in the U.S. legally to be
eligible to change to V?
No, and therefore changing to V status is different from changing to any
other status. The standard requirement is that a person cannot obtain a
change of status from USCIS unless s/he has entered legally and is
maintaining an un-expired status. The LIFE Act provides an exception,
allowing persons to change to V status even if they entered illegally or
overstayed an authorized period of admission.
Please note, however, that for persons who entered without inspection or
who overstayed, there may be a difficulty in traveling since they could
become subject to the three- or ten-year bar at the time of completing the
green card process. |
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