V Visa F.A.Q

What is the V VISA?

The new V1 and V2 nonimmigrant visas allow certain spouses of lawful permanent residents and the children of those spouses to travel to and from the US and to reside in the US while they wait for the final completion of their immigration process. It does not matter whether that process will be completed by adjusting status in the US or in securing an immigrant visa overseas. The spouse and unmarried children of lawful permanent residents who qualify for the V1 and V2 visas will be able to visit and reside with their lawful permanent resident family member. The V visas for adults will be valid for multiple requests for entry for ten years; for children under the age of 11, these visas will also be issued for multiple entries and with a 10 validity date; for children 11 years old or older, the visa will be valid for multiple requests to enter and will remain valid until the holder’s 21st birth day. Moreover, holders of V1 and V2 visas may apply for employment authorization documents to work in the US.

Who is Eligible for V visa?

To qualify for a V1 visa, an applicant must be the spouse of a legal permanent resident

To qualify for a V2 visa the applicant must be the child of a V1 visa applicant or have been separately petitioned for by his or her lawful permanent resident parent (a child is defined in the law as an unmarried son or daughter under the age of 21).

The spouse of a lawful permanent resident of the United States (a “green card” holder) may apply for a V1 nonimmigrant visa overseas, if the following conditions are met:

The lawful permanent resident filed an immigrant visa petition for his or her spouse on or before December 21, 2000, and

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 INS approval of the petition or, if the petition was approved by INS, for availability of a visa number in order to complete immigrant visa processing.

Where to apply?

Applicants for V visas must be made at the post where their immgrant visa was to be processed. Generally this is the overseas post named in the I-130 petition upon which the claim to V status is made.