V-1 and V-2 Visa
The V-1 and V-2 non-immigrant visas allow certain spouses of lawful permanent residents and the children of those spouses to travel to and from the United States and to reside in the U.S. while they wait for the final completion of their immigration process. It does not matter whether the process will be completed by adjusting status in the U.S. or in securing an immigrant visa overseas. The spouse and unmarried children of lawful permanent residents who qualify for the V-1 and V-2 visas will be able to visit and reside with their lawful permanent resident family member in the U.S. The V visas for adults will be valid for multiple requests for entry for ten years as will children under the age of eleven years; children eleven years and older will be granted a visa allowing multiple requests to enter the U.S. and will remain valid until the child's twenty-first birthday. Holders of V-1 and V-2 visas may apply for employment authorization documents to work in the U.S. Applicants for the V visa status must:
1. Be the spouse or unmarried child (under 21 years of age) of a lawful permanent resident;
2. Have a Form I-130 (Petition for Alien Relative) filed with the INS on his or her behalf by the lawful permanent resident spouse on or before December 21, 2000; and
3. Have been waiting for at least three years after the Form I-130 was filed for their immigrant visa number (priority date) to become available in accordance with the Department of State's monthly visa bulletin; or
4. Be the unmarried child (under 21 years of age) of a person who meets the above three requirements.
The following individuals do not have any benefit under the V visa: brothers and sisters of lawful permanent residents; parents of U.S. citizens; grandchildren of lawful permanent residents; beneficiaries of employment-based immigrant visa petitions; or individuals whose priority date is current and whose I-130 petition is already at an overseas consulate and have either been interviewed by a counselor officer or have an interview date set with a counselor officer.