Peter B. Li, Attorney at Law

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  • V visa: certain spouse and children of LPR
Requirements
The spouse or unmarried child (under 21 years of age) of a lawful permanent resident is eligible for the V nonimmigrant classification, if he/she:
  1. Had a Form I-130 (Petition for Alien Relative) filed with the USCIS on his or her behalf by the lawful permanent resident spouse or parent on or before December 21, 2000; and
  2. Has been waiting for at least three years after the Form I-130 was filed for their immigrant status -- either because a visa number (priority date) has not yet become available, or because USCIS has not yet adjudicated the Form I-130 or the Form I-485 (Application for Adjustment to Permanent Residence).

The unmarried child (under 21 years of age) of a person who meets the above requirements is also eligible for V status.
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Petition
Eligible persons living in the United States must apply for V nonimmigrant status with the USCIS by submitting to the USCIS:
  1. A completed Form I-539 (Application to Extend/Change Nonimmigrant Status) along with required documentation, the $120 application fee and an additional $25 fingerprint fee (unless exempt from fingerprinting);
  2. The information required by Supplement A to Form I-539; and
  3. A Form I-693 (Medical Examination) completed by a certified civil surgeon without the vaccination supplement.
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Applying Outside the United States
Eligible persons living abroad must apply for a V visa with the Department of State at the U.S. Embassy or Consulate where the immigrant visa would have been processed.  (See the Department of State Web site for more information at www.state.gov.)  After entering the United States with their V nonimmigrant visa, they may apply for work authorization with USCIS.
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Travel Abroad
V nonimmigrants may travel to and from the United States while they wait for their immigrant status. However, persons who have been unlawfully present in the United States for more than 180 days and depart the country must carefully consider the consequences of departure.  Their departure will trigger the grounds of inadmissibility regarding unlawful presence that bar admission to the United States for three years or 10 years.  The bars for unlawful presence do not prevent eligible persons from obtaining V status, or from being readmitted to the United States with a V visa following travel abroad.  However, unless such persons seek and are granted a waiver by USCIS, these grounds of inadmissibility will prevent them from adjusting status to lawful permanent resident (for the applicable 3-year or 10-year period).

V nonimmigrants who wish to travel abroad while they are waiting for immigrant status do not need to obtain permission or advance parole from USCIS prior to their departure.  However, in order to return to the United States, V spouses and children must have a valid V visa in their passport issued from the Department of State.

Those who obtained V status while in the United States and then travel abroad must obtain a V visa from the Department of State at a U.S. Embassy or Consulate abroad before they can be readmitted to the country.

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If you have any specific questions, please send an email to: Info@PeterLi.us or call us at (440) 878-8200.