V- NONIMMIGRANT STATUS OR VISA

V- NONIMMIGRANT STATUS OR VISA ("V-Visa")
Version en Espanol

What are the benefits in obtaining a V visa or status?

The V status allows spouses and minor children of lawful permanent residents to live and work in the United States while they wait to apply for adjustment of status to permanent resident. The V visa will allow these beneficiaries to enter the United States and apply for adjustment of status once their priority date has been reached.

What are the requirements for an individual to qualify for a V visa or status?

The individual must:

* Be the spouse or unmarried minor child (under 21) of a lawful permanent resident;

* Have a petition for alien relative (Form I-130) filed with the INS by the permanent resident on or before December 21, 2000; and

* Have been waiting at least three years after having submitted the petition for alien relative.

Will an individual with V status be allowed to leave and enter the United States?

Yes. A person holding a V status will be allowed to travel to and from the United States while he or she waits to apply for adjustment of status.

Will travel from the United States affect an individual when he or she apply for adjustment of status?

Yes. Persons who have been unlawfully present in the United States for more than 180 days and depart the country will be subjected to a ground of inadmissibility regarding unlawful presence. This ground of inadmissibility may subject a person to a bar of three or ten years. Even though these grounds of inadmissibility may not prevent a person from entering the U.S. in V status, these grounds may prevent a person from obtaining permanent residence unless they obtain a waiver from the Immigration and Naturalization Service.

What form will be utilized by individuals in the United States to obtain V status?

The Immigration and Naturalization Service has indicated that an individual must use Form I-539 Supplemental A to apply for V status.

When can an individual who is interested in applying for V status submit his or her application to the INS Service Center?

As of May 20, 2001, the Immigration and Naturalization Service (INS) has not published its regulations covering the procedure for an individual in the United States to apply for V status. An individual must wait until INS publishes its regulations before submitting their applications to the INS Service Center.

When can an individual who is interested in applying for a V visa submit his or her application to the U.S. embassy in his or her country?

The U.S. embassies are now accepting applications for V non-immigrant visas.