You are eligible for a V visa if you meet ALL of the following qualifications:
- You are the spouse or minor child of a lawful permanent resident of the U.S. (a green card holder); and
- You are the beneficiary of an immigrant petition filed on or before Dec 21, 2000; and
- You are outside the U.S.
- You have been waiting for an immigrant visa number for at least 3 years since the petition (I-130) was filed; and
- You have not yet been scheduled for an immigrant visa interview.
- You have been waiting for an immigrant visa number for at least 3 years since the petition (I-130) was filed; and
- You are in the U.S.
- I-130 is still pending; or
- Approved, and the alien beneficiary must either:
- Be waiting for an immigrant visa number to become available, or;
- If the visa number is immediately available, the alien must have a pending application for adjustment of status or an application for an immigrant visa.
- Be waiting for an immigrant visa number to become available, or;
- I-130 is still pending; or
Eligible spouse of an LPR will be classified as V-1.
An eligible child of an LPR will be classified as V-2.
The child of either, if eligible to accompany or follow-to-join the principal alien, will be classified as V-3.
Persons not eligible
- If you are outside the U.S., your priority date is current, you have already been interviewed by a consular officer for your immigrant visa, you are already scheduled for an immigrant visa interview,
- Your petition was filed after December 21, 2000; or
- F4 – Brothers and Sisters of U.S. citizens
- IR – Parents of U.S. citizens
- Grandchildren of LPR or U.S. citizen
- Beneficiary of an employment-based immigrant visa petition
6-Month Grant
Those aliens who have a current priority date but do not have a pending application for an immigrant visa abroad or an application to adjust status, who are otherwise eligible, apply for admission to the U.S. in a V nonimmigrant category at a Port-of-Entry, they will be admitted for a 6-month period (or to the date of the day before the alien’s 21st birthday, as appropriate).
Such aliens are also eligible for a one-time extension for a maximum of 6 months.
If the alien has not filed an application, either for adjustment of status or for an immigrant visa within that 6-month period, the alien cannot extend or be admitted or readmitted to V nonimmigrant status. If the alien does file such application, he/she will continue to be eligible for further extensions of V nonimmigrant status while that application remains pending.
Termination
Aliens in V-1, V-2, or V-3 nonimmigrant status are authorized to remain in the U.S. until their authorized period of admission expires or until one of the following is denied:
- Form I-130, Petition for Alien Relative, filed by the LPR on behalf of spouse or child;
- The alien’s application for adjustment of status
- The alien’s application for an immigrant visa
If the denial of an immigrant visa petition is appealed, the alien’s V nonimmigrant status does not terminate until 30 days after the administrative appeal is dismissed.
There is a 30-day grace period for any of the above denials.
If the V-1 or V-2 alien’s status is terminated for any reason, the V-3 status of any derivative child will be simultaneously terminated.
Since V nonimmigrants are admitted to the U.S. to await the availability of an immigrant visa number in the F2A category (spouse and minor children of lawful permanent residents), they must continue to be eligible for that preference category.
Anyone no longer eligible for the F2A category is no longer eligible for V nonimmigrant status. E.g., termination of marriage or child reaching the age of 21.
A child in V-2 or in V-3 nonimmigrant status who turns 21 or gets married is no longer eligible for V nonimmigrant status as a “child“.
If the Form I-130 is withdrawn by the petitioner, or if it is revoked, then the alien is no longer considered to be in valid V nonimmigrant status beginning 30 days after the withdrawal or event that causes the revocation. However, a spouse or child of an abusive lawful permanent resident may be eligible in circumstances to file a self-petition for classification as a preference immigrant, even if the LPR has withdrawn the Form I-130 that was filed on his/her behalf.
Naturalization of LPR
If the LPR petitioner who has qualified dependents for a V nonimmigrant status naturalizes and becomes a U.S. citizen, the petitioner’s spouse and children (including any derivative child) will no longer qualify for V nonimmigrant status. Their V status will expire when the current period of authorized admission ends, and they will not be eligible to renew V status.
However, principal beneficiaries will now become immediate relatives of U.S. citizen and the Form I-130 will automatically be upgraded to an immediate relative petition.
As there is no waiting for the priority date to be current for immediate relatives of U.S. citizen, the beneficiaries (V-1, V-2) can immediately file for Form I-485, adjustment of status, whether the Form I-130 has been approved yet or not. If you have already filed I-485, there is no need to file any additional forms.
However, a U.S. citizen must file a new immigrant visa petition (Form I-130) and an application for adjustment of status (Form I-485) on behalf of any child who was in V-3 status, in order for that child to adjust status. This is necessary because derivative children in V-3 status were not covered by the Form I-130 previously filed by the LPR on behalf of the spouse (V-1) and children (V-2).
