V Visa for Spouse and Children of Green Card Holders

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General Information: The V visa is a non-immigrant visa that allows the spouse and children of a U.S.
Lawful Permanent Resident (Green Card holder) to live and work in the United
States on a nonimmigrant category. The purpose of the V visa is to allow the
spouse and children to reside lawfully in the United States while waiting for
the permanent U.S. resident status or an immigrant visa. The previous law
required the spouse and children to wait outside the United States. V visas are
usually issued abroad at U.S. Embassies and
Consulates. However, individuals
already in the United States may be allowed to obtain "V" status without having
to leave the country and apply abroad. Several application forms need to be
filled and a fee must be paid before the "V" visa or status is approved.
Individuals on V-1, V-2, or V-3 visa status are eligible to apply for work
authorization so they can legally work in the United States while waiting for
permanent resident status.
Eligibility Requirements for a V-1 Visa:
- Be the spouse of a Lawful Permanent Resident of the United States (Green Card holder)
- The beneficiary of Form I-130, Petition for Alien Relative, has to be filed on or before December 21, 2000
- Be waiting for at least 3 years for an immigrant visa, due to processing delays or unavailability of visas
V Visa Categories:
- V-1 Visa: Lawfully married to a Lawful Permanent Resident of the United States
- V-2 Visa: Unmarried child (under the age of 21) of a Lawful Permanent Resident
- V-3 Visa: Unmarried child (under the age of 21) of V-1 or V-2 visa holder or applicant
Important: Immigration Form I-130 has to be filed
by the Lawful Permanent Resident on or before December 21, 2000 in order to
apply for a V visa. This fact alone disqualifies all applicants who filed their
applications after December 21, 2000.
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