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V Visa |
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Description
The V visa category benefits spouses and unmarried children under 21 years
of age of green card holders for whom family-based immigrant petitions
(second preference) were filed on or before December 21, 2000. The V visa
allows them to live and work in the U.S. while their immigration cases
are pending. The purpose of the V visa status is to permit separated families
to reunite in the U.S. and work lawfully while waiting for the availability
of a visa number and the ability to immigrate.
Requirements
- A family based, second preference petition for the applicant
must have been filed with the INS on or before December 21,
2000.
- The applicant must demonstrate that since the filing
of the petition, he/she has been waiting for at
least three years
for:
- Action by INS on the submitted petition (or)
- If the petition has been approved by INS,
availability of a visa number under
the worldwide numerical
limitations (or)
- If a number is available, the application
for adjustment of status is still
pending
Duration of Visa
Valid until I-485 adjustment of status is approved. Make sure that the
date entered in question 1 of part 3 on the I-539 form is at least five
years from the date of filing.
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