The "V" Visa
by: Legal Aid Services of Oregon
The "V" Visa: Temporary Legal Status While Waiting for Permanent Residence
1. What is the "V" Visa Program?
The V Visa Program allows some family members ("beneficiaries") of lawful permanent residents (LPRs) to live and work in the United States legally while they wait for their permanent resident visas. Family members outside the US may be allowed to enter and work here. It is important to talk to an immigration attorney or a licensed immigration counselor to determine if your family members can get the V visa while waiting to become permanent residents.
2. Who Can Get a "V" Visa?
Spouses and unmarried children are eligible if the LPR has filed an I-130 petition on their behalf at least three years ago. The I-130 petition must have been filed before December 22, 2000. In addition to being unmarried, sons or daughters must be under 21 years of age to qualify.
3. Who Does Not Qualify?
People do not qualify for the temporary "V" visa if: the I-130 petition has been denied by the Immigration and Naturalization Sevice (INS); they are no longer married to the LPR; the LPR spouse or parent becomes a US citizen; or they have certain criminal convictions or immigration violations.
4. What Do People Who Qualify Get?
Spouses and unmarried children of an LPR living in the US will have the right to stay here and work legally until they become permanent residents. If they are living abroad, they will have the right to legally enter, live and work in the US. The V visa and work permit last for two years. They may be renewed every two years until the beneficiary gets his/her green card. The child of an LPR will lose this right to stay here and work if s/he marries or turns 21.
5. Can a Person After Obtaining the V Visa and Work Permit?
The V visa allows a person to travel and return to the U.S. but s/he may need to obtain a new V visa from the U.S. consulate abroad before returning to this country. WARNING: People who leave the United States, after being here without legal permission for at least six months before getting the V visa, may be ineligible for permanent residence for a long time. Those with V visas should talk to an immigration lawyer or counselor before leaving.
6. How Does One Apply?
Those who qualify can submit the following:
n An application for a V visa (Form I-539) with the fee of $140.
n An application for a work permit (Form I-765) with the fee of $120.
n Results of a medical examination (Form I-693) by a designated doctor.
n A fee of $50 for your fingerprints for those between the ages of 14 and 79.
n Proof that an I-130 petition was filed at least three years ago. This could be a filing receipt, notice of approval, letters from the INS, or other evidence.
Applicants who do not have enough money to pay the filing fees may be able to get a fee waiver.
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