The V visa allows certain spouses of lawful
permanent residents and the children of
those spouses to travel to and from the
U.S., and to reside in the U.S. while they
wait for the final completion of their
immigration process
Benefits of the V Visa:
-
You can enter the U.S. immediately,
whereas the current waiting period for
an immigrant visa for spouses and minor
children of green card holders is about
five years
-
You can apply for a work permit by
filing USCIS Form I-765, and engage in
employment
-
You can freely travel in and out of the
U.S. provided you have a valid visa
Requirements for the V Visa:
Criteria for Determining Spouse's
Eligibility for V-1 Visa
The spouse of a lawful permanent resident of
the U.S. (a green card holder) may
apply for a V-1 nonimmigrant visa overseas
(and in some instances inside the U.S.),
if the following conditions are met:
-
The green card holder filed an immigrant
visa petition for his/her spouse on or
before December 21, 2000.
-
The spouse has waited three years since
the filing of the petition and has not
been scheduled for an immigrant visa
interview.
-
The spouse may be waiting either for the
U.S. Citizenship and Immigration
Services (USCIS) approval of the
petition or, if the petition was
approved by the USCIS, for availability
of a visa number in order to complete
immigrant visa processing.
Criteria for Determining Child's
Eligibility for V-2 Visa
Child of V-1 Spouse may qualify for a
V-2 visa, if the following conditions are
met:
-
He/she is the child of the principal
applicant who qualifies for V-1 visa.
-
He/she is the child of a green card
holder who filed an I-130 petition in
his/her name, and the priority date and
the three-year waiting period since the
filing of the petition both meet the
requirements of V eligibility.