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The Legal Immigration Family Equity Act and its amendments
(LIFE Act) established a new nonimmigrant category (V) within the
immigration law that allows the spouse or child of a U.S. Lawful
Permanent Resident to live and work in the United States in a
nonimmigrant category.
The spouse or child can remain in the United States while they wait
until they are able to apply for lawful permanent residence status,
or for an immigrant visa, instead of having to wait outside the
United States as the law previously required.
A person may apply at a U.S. consulate abroad for a V-1 or V-2
visa or seek V-1 or V-2 nonimmigrant status while in the United
States, if that person:
3 visa or for V-3 status.
If outside of the United States, you should contact the U.S. State
Department consular office or embassy to apply for a visa.
to Change Nonimmigrant Status, and Supplement A, and pay the
application fee, or request a waiver of the application fee.
All aliens 14 to 79 years of age who are filing Form I-539 to
obtain V nonimmigrant status must submit a service fee for
fingerprinting with their application. In addition to the instructions
listed on the Form I-539, all aliens applying for V nonimmigrant
status must follow the supplemental instructions found on
Supplement A to Form I-539. Applicants must also undergo a
medical examination and submit Form I-693, Medical Examination
of Aliens Seeking Adjustment of Status, without the vaccination
supplement.
Will I Get a Work Permit?
Persons in V-1, V-2, or V-3 status are eligible to apply for a work
permit. You should use USCIS Form I-765 (Application for
Employment Authorization) to apply for a work permit.
Applicants should use the code (a)(15) as the answer to question
16 on Form I-765. You must submit the application by mailing a
Form I-765 along with the application fee.
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.
by the USCIS, you will need to obtain a V visa from a consular
office abroad in order to be inspected and admitted to the United
States as a V nonimmigrant after traveling abroad. (You will not
need to apply for a V visa abroad in order to be admitted if you
have traveled to contiguous territories or adjacent islands, have
another (different category) valid visa, and are eligible for
automatic revalidation.) In addition, you must remain eligible for
admission in V nonimmigrant status.
Register Permanent Residence or Adjust Status, does not need to
obtain advance parole prior to traveling abroad.
This means that an alien in V nonimmigrant status may be
readmitted as a nonimmigrant despite the fact that he or she is an
intending immigrant with a filed application for adjustment of status
or an immigrant visa. The departure of a V nonimmigrants with a,
pending applications for adjustment of status is not considered to
have abandoned the adjustment application upon departure.
unlawful presence in the United States or 365 days), then travel
abroad and are admitted or readmitted as a V nonimmigrant, you
have triggered a 3- or 10-year bar to admission.
The law exempts V nonimmigrants from the 3- (or 10-) year bar for
purposes of admission to the United States as a V nonimmigrant
but does not exempt them from the bar when they later apply for
an immigrant visa or for adjustment to LPR status.
United States in V status, you may be unable to adjust status to
LPR unless an individual waiver for that ground of inadmissibility is
granted. If eligible, you may apply for the waivers found at section
212(g), (h), (i), and (a)(9)(B)(v) of the Act.
(LIFE Act) established a new nonimmigrant category (V) within the
immigration law that allows the spouse or child of a U.S. Lawful
Permanent Resident to live and work in the United States in a
nonimmigrant category.
The spouse or child can remain in the United States while they wait
until they are able to apply for lawful permanent residence status,
or for an immigrant visa, instead of having to wait outside the
United States as the law previously required.
A person may apply at a U.S. consulate abroad for a V-1 or V-2
visa or seek V-1 or V-2 nonimmigrant status while in the United
States, if that 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); and
• 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; and
• 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 but an immigrant visa is not yet
available; or,
• there is a pending application to adjust status or
application for an immigrant visa.
3 visa or for V-3 status.
If outside of the United States, you should contact the U.S. State
Department consular office or embassy to apply for a visa.
to Change Nonimmigrant Status, and Supplement A, and pay the
application fee, or request a waiver of the application fee.
All aliens 14 to 79 years of age who are filing Form I-539 to
obtain V nonimmigrant status must submit a service fee for
fingerprinting with their application. In addition to the instructions
listed on the Form I-539, all aliens applying for V nonimmigrant
status must follow the supplemental instructions found on
Supplement A to Form I-539. Applicants must also undergo a
medical examination and submit Form I-693, Medical Examination
of Aliens Seeking Adjustment of Status, without the vaccination
supplement.
Will I Get a Work Permit?
Persons in V-1, V-2, or V-3 status are eligible to apply for a work
permit. You should use USCIS Form I-765 (Application for
Employment Authorization) to apply for a work permit.
Applicants should use the code (a)(15) as the answer to question
16 on Form I-765. You must submit the application by mailing a
Form I-765 along with the application fee.
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.
by the USCIS, you will need to obtain a V visa from a consular
office abroad in order to be inspected and admitted to the United
States as a V nonimmigrant after traveling abroad. (You will not
need to apply for a V visa abroad in order to be admitted if you
have traveled to contiguous territories or adjacent islands, have
another (different category) valid visa, and are eligible for
automatic revalidation.) In addition, you must remain eligible for
admission in V nonimmigrant status.
Register Permanent Residence or Adjust Status, does not need to
obtain advance parole prior to traveling abroad.
This means that an alien in V nonimmigrant status may be
readmitted as a nonimmigrant despite the fact that he or she is an
intending immigrant with a filed application for adjustment of status
or an immigrant visa. The departure of a V nonimmigrants with a,
pending applications for adjustment of status is not considered to
have abandoned the adjustment application upon departure.
unlawful presence in the United States or 365 days), then travel
abroad and are admitted or readmitted as a V nonimmigrant, you
have triggered a 3- or 10-year bar to admission.
The law exempts V nonimmigrants from the 3- (or 10-) year bar for
purposes of admission to the United States as a V nonimmigrant
but does not exempt them from the bar when they later apply for
an immigrant visa or for adjustment to LPR status.
United States in V status, you may be unable to adjust status to
LPR unless an individual waiver for that ground of inadmissibility is
granted. If eligible, you may apply for the waivers found at section
212(g), (h), (i), and (a)(9)(B)(v) of the Act.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
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V Visas: Spouses and Children of Permanent Residents
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