Who is Eligible for the V Visa Category?

The V visa category allows the spouses and children of lawful permanent residents who have submitted an immigration petition but have not yet received their visa to come to the U.S. The V-1 is for the spouse of the permanent resident, the V-2 is for the eligible children of the lawful permanent resident and the V-3 is for the derivative children of V-1 or V-2 visa holders. You can apply for a V visa if:

1. The 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);
2. The person 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;
3. The person 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;
4. But an immigrant visa is not yet available or there is a pending application to adjust status or application for an immigrant visa.

How Do I Apply for a V Visa?

You can apply for a V visa at a consular office if you are outside the U.S. In the US, you can apply by filing a change of status application with USCIS.

Will I Get a Work Permit?

Persons in V-1, V-2, or V-3 status are eligible to apply for a work permit by filing an application with USCIS.

Can I Travel Outside the United States?

If you obtain a V nonimmigrant visa from a consular office abroad, you may be inspected and admitted to the United States in V nonimmigrant status after traveling abroad as long as you continue to possess a valid, unexpired V visa and remain eligible for V nonimmigrant status. 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.

What Happens if the Petitioner of the Form I-130 That Qualified the Beneficiaries for V Nonimmigrant Status Becomes a U.S. Citizen?

If the lawful permanent resident (LPR) who filed the Form I-130 application that qualified the beneficiaries for V nonimmigrant status becomes a United States citizen, the petitioner’s spouse and children will no longer qualify for V nonimmigrant status. Their V status will expire when the current period of authorized admission ends, and they will not be eligible to renew V status.

However, as the spouse or child of a person who has now become a United States citizen, the principal beneficiaries will be immediate relatives, and the Form I-130 filed by the lawful permanent resident will be automatically upgraded to an immediate relative petition.

A V-1 or V-2 alien with a pending or approved Form I-130 who becomes an immediate relative of a U.S. citizen may apply for adjustment of status (Form I-485) immediately if he or she has not already done so. If the V-1 or V-2 alien has already filed a Form I-485 based on an approved Form I-130 at the time the LPR naturalizes, he or she does not need to file any additional forms.

It is important to note that a U.S. citizen must file a new immigrant visa petition (Form I-130) and an application for adjustment of status (Form I-485) on behalf of any child who was in V-3 status, in order for that child to adjust status. Derivative children in V-3 status were not covered by the Form I-130 previously filed by the LPR on behalf of his or her spouse (V-1) and children (V-2).

In What Cases Would a V Visa be Terminated?

The V visa status will be automatically terminated 30 days following the occurrence of any of the following:

1. The denial, withdrawal, or revocation of the Form I-130, Petition for Immediate Relative, filed on behalf of that alien;
2. The denial or withdrawal of the immigrant visa application filed by that alien;
3. The denial or withdrawal of the alien’s application for adjustment of status to that of lawful permanent residence;
4. The V-1 spouse’s divorce from the LPR becomes final; or
5. The marriage of an alien in V-2 or V-3 status.

The above is intended as a general introduction and should not be construed as legal advice or legal opinion for your particular case. Please contact the Law Offices of Yu & Associates with any specific questions. Tel: (301) 838-8986, Email: syu@yulegal.com, Address: 110 N Washington St., Suite 328E, Rockville, MD 20850.