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. Click Here to obtain information
on authorization documents to work in the US. Other benefits
available with V1 and V2 status after admission or after INS has
changed an alien's status Who does not benefit from the V visa? Among those who do not directly benefit from this "new" V visa are:
Individuals whose priority date is current and
whose I-130 petition is already at an overseas post and who either
have already been interviewed by a consular officer or have an interview
date already set with a consular officer overseas. 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). Though the Department of State has identified
all individuals presently in its files who might qualify for either
visa, there will be others whose cases will emerge as INS discovers
files that it has not forwarded to the Department and still other
cases will, with the passage of time, become eligible. Petitioners,
their beneficiaries, and their legal representatives should examine
the circumstances and timing in cases involving the circumstances
set out below, to see if they meet or will meet sometime in the
future the requirements for this new category of nonimmigrant visa.
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:
For the child of a V1 applicant to qualify for a V2 visa, it must be established that:
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