Beneficiaries of certain
F2A immigrant visa petitions
can obtain V nonimmigrant visa to enter the US (or change status to V visa if already in the US)
to join the sponsor of their pending immigrant visa while they wait for
priority date to become current. It does not matter whether that process will be completed by adjusting status in the US or in securing an immigrant visa overseas.
Eligible aliens can apply for V nonimmigrant status by either applying for V nonimmigrant
visa at a US embassy/consulate abroad or if the alien is already present in the US, can apply
for change of status as a V nonimmigrant. Persons on V visa can enter United States as long
as the visa stamp is valid and unexpired.
If the person changed to V status in US or extended
it, and if the visa stamp is expired, person would need to get V visa from the consulate abroad
before being able to enter the US again. This visa requirement does not apply if the alien traveled
to continuous territory or adjacent islands, possesses another valid visa, and is eligible for
automatic revalidation.
Person can maintain V nonimmigrant status even after
filing I-485, Adjustment of Status and does not need Advance Parole. An alien in V nonimmigrant status in the US may obtain
employment authorization (EAD).
EAD will be issued for a period equal to the alien's authorized admission as a V nonimmigrant.
The V visas for adults will be valid
for multiple requests for entry for 2 years; for
children under the age of 11, these visas will also
be issued for multiple entries and with a 2 year 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 21
st birthday.