Visa Types – Lawful Permanent Resident Spouse And Child – V-1, V-2, V-3
In addition to eligibility for a permanent visa under the family second preference, the alien spouse and children of a permanent U.S. resident are eligible for nonimmigrant visas, designated V-1, V-2, and V-3 visas. The V series is designed to allow qualifying aliens to wait in the U.S. for their permanent immigrant visas to be issued. Aliens applying for V visas must have petitions for immigrant visas pending.
Who Is Eligible?
There are a few basic requirements relating to the parties’ relationship and the timing of the events that must be met for aliens to be eligible for V visas.
Relationship
To be eligible for nonimmigrant V visas, the alien seeking temporary admission must either be the spouse or child of a lawful permanent resident (LPR). Additionally, the derivative children of V-1 and V-2 aliens are eligible for V-3 visas.
Relative Petition Existence And Date Of Filing
The LPR must have filed a petition for an alien relative on or before December 21, 2000.
Waiting Period
The relative petition must have been pending at least three years. It also must either not have been approved or must have been approved but without any available visa numbers or without a concluded application to adjust status or for an immigrant visa.
Ineligibility
Some aliens are always ineligible for visas, including those who practice polygamy; who have certain communicable diseases; who traffic in drugs; and who advocate the overthrow of the U.S. government. The submission of fraudulent documents also disqualifies an alien from obtaining a visa. If a waiver of any of these ineligibilities might apply, the consular officer will advise the alien.
How Do I Apply?
Inside the U.S., an eligible alien should file an application to change nonimmigrant status and its supplement. There is an application fee associated with filing this document. Additionally, aliens between the ages of 14 and 79 must pay a fee for fingerprinting, and all applicants must have a medical examination. Outside the U.S., an alien seeking a V visa should contact the U.S. consulate or embassy for instructions on how to apply.
What Are The Terms Of My Stay?
May I Work?
A V visa holder is eligible to apply for a work permit through the USCIS where he or she lives.
May I Travel Outside The U.S.?
V visa holders may travel outside the U.S. and return using their unexpired nonimmigrant visas if their visas were issued by a U.S. embassy or consulate. However, if V nonimmigrant status was granted inside the U.S., its holder must obtain a V visa from a U.S. embassy or consulate before returning to the U.S. If a V nonimmigrant has filed an application to adjust status or to register permanent residence, he or she need not obtain advance parole before traveling outside the U.S.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.
| Robert Beles | - | State Certified Criminal Law Specialist |
| Anne Beles | - | State Certified Criminal Law Specialist |
| Paul McCarthy | - | State Certified Appellate Law Specialist |
| Emilio Parker | - | State Certified Immigration Law Specialist |
Contact us for a free consultation: (510) 836‑0100
Let our experience work for you. We can help!
