Guide to the V Visa: Eligibility, Application Process, and Benefits

The V Visa, a nonimmigrant dependent visa introduced under the Legal Immigration Family Equity Act (LIFE Act) in December 2000, allows families of U.S. lawful permanent residents (LPRs) to reunite while waiting for their immigrant visas to be processed. It allows the spouses and children of U.S. lawful permanent residents (LPRs) to live and work in the United States while they wait for their immigrant visas to become available. This guide provides an in-depth look at the V Visa, covering eligibility, application process, benefits, and key considerations.

The V Visa was created to address the long waiting periods that often separated families during the immigration process.

Eligibility for the V Visa

To qualify for a visa v, applicants must meet the following criteria:

• Filing Date: The U.S. lawful permanent resident (LPR) must have filed Form I-130, Petition for Alien Relative, on or before December 21, 2000.
• Waiting Period: The petition must have been pending for at least three years.
• Interview Status: The applicant should not have been scheduled for or attended an immigrant visa interview.
• Processing Status: The petition must not be at a U.S. embassy or consulate for immigrant visa processing.
• Applicant’s Relationship: Eligible family members include spouses and children (unmarried and under 21 years old).

Who Can Apply for a V Visa?

The V Visa is available to:

• Spouses of LPRs: Spouses of U.S. lawful permanent residents.
• Children of LPRs: Unmarried children under 21 years old.
• Stepchildren: Stepchildren of the LPR if the marriage creating the step-relationship occurred before the child turned 18.

Application Process for the V Visa

Step 1: Filing Form I-130

The first step in the process is filing Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. both the family member and the lawful permanent resident.

Step 2: Waiting Period

After filing Form I-130, there is a mandatory waiting period of at least three years. During this time, the priority date must not become current.

Step 3: Applying for the V Visa

Once the three-year waiting period is complete and the priority date is not current, the family members can apply for the V Visa. The application process differs depending on whether the applicant is inside or outside the United States.

Applying from Inside the United States

1.     Form I-539: Submit Form I-539, Application to Extend/Change Nonimmigrant Status.
2.     Supplement A: Include Supplement A to Form I-539.
3.     Medical Examination: Submit Form I-693, Medical Examination and Vaccination Record Report.

Applying from Outside the United States

1.     Consular Processing: Family members outside the U.S. must go through consular processing. This involves scheduling an interview at the nearest U.S. embassy or consulate.
2.     Documentation: Provide all required documents, including a valid passport, Form I-130 approval notice, and proof of relationship.

Benefits of the V Visa

The V Visa offers several benefits to eligible family members:

Reunification with Family

The primary benefit of the visa is the ability to live with family members in the United States while waiting for the immigrant visa process to be completed. This helps reduce the emotional and financial strain caused by prolonged separation.

Work Authorization

V Visa holders are eligible for work authorization. They can apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization.

Travel Flexibility

V Visa holders can travel in and out of the United States. However, they must ensure they have the necessary documentation to re-enter the U.S. after travel.

Pathway to Permanent Residency

Adjustment of Status

V Visa holders can apply for adjustment of status to become lawful permanent residents once their immigrant visa becomes available. The adjustment of the status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Requirements for Adjustment of Status

• Priority Date: The priority date must be current.
• Eligibility: The applicant must meet all other eligibility requirements for adjustment of status.

Key Forms and Documents

• Form I-130: Petition for Alien Relative.
• Form I-539: Application to Extend/Change Nonimmigrant Status.
• Form I-765: Application for Employment Authorization.

• Form I-485: Application to Register for Permanent Residence or Modify Status.

• Form I-693: Medical Examination and Vaccination Record Report.

Difference Between Immigrant and Nonimmigrant Visas

Immigrant Visas

Visas for immigrants are intended for people who plan to settle permanently in the United States. These visas lead to lawful permanent residency (green card status) and citizenship.

Nonimmigrant Visas

Nonimmigrant visas are for individuals who wish to enter the United States temporarily for a specific purpose, such as tourism, business, study, or temporary work. The V Visa falls into this category, as it allows temporary stay while waiting for an immigrant visa to be processed.

Key Differences

• Purpose: Immigrant visas are for permanent residency; nonimmigrant visas are for temporary stays.
• Duration: Immigrant visas offer permanent stay; nonimmigrant visas are for limited periods.
• Path to Citizenship: Immigrant visas can lead to citizenship; nonimmigrant visas usually do not, unless adjusted.

The Legal Immigration Family Equity Act (LIFE Act)

Purpose and Impact

The Legal Immigration Family Equity Act (LIFE Act), introduced in December 2000, aimed to address the lengthy separation of families due to immigration backlogs. The V Visa, created under this act, allows families to reunite in the U.S. while waiting for their immigrant visas to be approved.

LIFE Act Provisions

• V Visa Creation: Establishes the V Visa category for eligible family members.
• Eligibility Criteria: Defines the requirements for spouses and children to qualify for the V Visa.
• Work Authorization: Allows V Visa holders to obtain employment authorization.
• Adjustment of Status: Provides a pathway for V Visa holders to adjust their status to lawful permanent residents once their immigrant visas become available.

The Path to Permanent Residency

Adjusting Status to Lawful PermanentResidency

Once the priority date on the I-130 petition becomes current, V Visa holders can apply to adjust their status to lawful permanent residents (green card holders). This involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation. The adjustment of the status process includes a thorough review of the applicant’s background, a medical examination, and, in some cases, an interview with USCIS.

Benefits of Lawful Permanent Residency

Becoming a lawful permanent resident provides numerous benefits, including:

• Permanent Stay: The ability to live permanently in the United States.
• Work Authorization: The right to work for any employer without the need for additional work permits.
• Access to Benefits: Eligibility for federal benefits and social services.
• Path to Citizenship: After maintaining lawful permanent resident status for a specified period (usually five years), individuals can apply for U.S. citizenship.

Preparing for Adjustment of Status

To ensure a smooth adjustment of the status process, V Visa holders should:

• Maintain Lawful Status: Continuously comply with all visa requirements and U.S. immigration laws.
• Keep Records: Maintain thorough records of their immigration status, employment, and any communications with USCIS.
• Seek Legal Advice: Consult with an immigration attorney to prepare for the adjustment of status application and address any potential issues.

The V Visa plays a crucial role in reuniting families of U.S. lawful permanent residents who face prolonged separations due to immigration backlogs. By understanding the eligibility criteria, application process, and benefits of the V Visa, families can better manage the complexities of the U.S. immigration system. With the right support and resources, V Visa holders can successfully maintain their lawful status, secure work authorization, and finally adjust their status to become lawful permanent residents, achieving stability and security in the United States.

Handling the V Visa application process can be complex. At Passage Law, we provide professional immigration services to help families reunite and secure their future in the United States. Our experienced attorneys will guide you through every step of the process, ensuring that you have the support and representation you need.