The V nonimmigrant visa is a special category created by U.S. immigration law to allow certain spouses and children of Lawful Permanent Residents (Green Card holders) to come to the United States and live and work while they are waiting for their Green Card to become available. Due to annual limits and backlogs in the family-based immigration system, particularly in the F2A category (spouses and children of Green Card holders), the V visa provides a way for families to be reunited sooner. It is a temporary visa, designed to bridge the gap while the family member’s immigrant visa case is being processed.

Eligibility for a V Visa

To be eligible for a V visa, you must meet specific requirements:

• Relationship to a Lawful Permanent Resident (LPR): You must be one of the following:
  • The spouse of a Lawful Permanent Resident (Green Card holder).
  • The unmarried child (under 21 years old) of a Lawful Permanent Resident (Green Card holder).
  • The derivative child of a V visa applicant. (This means if the principal applicant – the spouse or child of the Green Card holder – has children, those children can also apply for V visas.)
• Form I-130 Approval and Pending for at Least 3 Years: A Lawful Permanent Resident (Green Card holder) must have filed Form I-130, Petition for Alien Relative, on your behalf, and that petition must have been approved. Crucially, at least three years must have passed since the I-130 petition was filed. This three-year waiting period is a key eligibility requirement for the V visa.
• Immigrant Visa is Not Immediately Available: You must be otherwise eligible for an immigrant visa, but that visa must not be immediately available to you. This means your priority date (the date your I-130 petition was filed) is not yet current under the Visa Bulletin.
• Not Inadmissible to the United States: You must not be inadmissible to the United States for any reason. This means you must meet all the standard requirements for entering the U.S., including not having certain criminal convictions or health conditions. Waivers may be available for some grounds of inadmissibility.

Understanding the “3-Year Wait” and the Visa Bulletin

The V visa was created to address the significant delays in the F2A category. The requirement that at least three years must have passed since the filing of the I-130 petition highlights its purpose as a temporary solution for families facing lengthy separation. The “Visa Bulletin,” published monthly by the U.S. Department of State, is essential for understanding visa availability. It shows the priority dates that are currently being processed for each family-based preference category and for each country. You can track your case using the Visa Bulletin to see when your priority date becomes current.

Applying for a V Visa

The process for applying for a V visa depends on whether you are already in the United States or outside the United States.

• If you are outside the United States: You will apply for a V visa at a U.S. embassy or consulate in your country of residence. This process involves:
  1. Form DS-160, Online Nonimmigrant Visa Application: You will need to complete this online application.
  2. Interview: You will be required to attend an interview with a consular officer.
  3. Supporting Documents: You will need to provide various documents, including your passport, birth certificate, marriage certificate (if applicable), evidence of the relationship to the Green Card holder, the I-130 approval notice, and evidence that three years have passed since the I-130 filing.
  4. Medical Examination and Security Checks: You will undergo a medical examination and security checks.
• If you are already in the United States: You may be eligible to apply for adjustment of status to V nonimmigrant status by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS. You must meet specific requirements to be eligible for adjustment of status, including having a valid nonimmigrant status at the time of filing.

What Happens After You Get a V Visa?

• Entry to the United States: If your V visa is approved and you are outside the U.S., you can enter the United States.
• Work Authorization: Once in the U.S. with a V visa, you are eligible to apply for an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization.
• Waiting for Your Green Card: The V visa allows you to live and work in the U.S. while you continue to wait for your immigrant visa to become available. You must continue to monitor the Visa Bulletin.
• Applying for Adjustment of Status (if eligible): Once your priority date becomes current (as indicated in the Visa Bulletin), and you meet all other requirements, you can apply for adjustment of status to become a Lawful Permanent Resident (Green Card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Important Considerations

• Temporary Visa: The V visa is a nonimmigrant visa, meaning it is temporary. It is intended to bridge the gap while waiting for an immigrant visa.
• Maintaining V Status: You must maintain your V visa status while in the United States. This means complying with all U.S. laws and regulations.
• Age of Children: If a child turns 21 while holding V status, they may no longer be eligible for the V visa or to adjust status as a child. The Child Status Protection Act (CSPA) may provide some relief in certain situations, but it is important to understand the CSPA requirements.
• Travel: While you can generally travel outside the United States with a V visa, it is crucial to ensure you have the proper documentation to re-enter.
• Legal Assistance: The V visa process can be complex. It is highly recommended to seek legal advice from an experienced immigration attorney.

Conclusion

The process of obtaining a V nonimmigrant visa while awaiting your Green Card can be intricate, involving specific eligibility criteria, understanding visa availability through the Visa Bulletin, and navigating the application procedures whether you are inside or outside the United States. For personalized guidance in determining your eligibility for a V visa and ensuring a smooth application process, our experienced team at “L for Law” is here to provide expert assistance. Contact us today for a consultation to discuss your family’s specific circumstances and take the necessary steps towards reunification. Check out our detailed article about Family of Green Card Holders here