The V Visa is nonimmigrant status for spouses and minor children of lawful permanent residents, and allows them to reside and work in the United States while waiting to obtain immigrant status. Persons granted V nonimmigrant status must still wait until an immigrant visa number (priority date) becomes available -- in accordance with the Department of State’s monthly Visa Bulletin -- to apply for their Green Card.
The spouse or unmarried child (under 21 years of age) of a lawful permanent resident is eligible for the V nonimmigrant classification, if he/she:
- Had a Form I-130 (Petition for Alien Relative) filed with immigration on his or her behalf by the lawful permanent resident spouse or parent on or before December 21, 2000; and
- Has been waiting for at least three years after the Form I-130 was filed for their immigrant status -- either because a visa number (priority date) has not yet become available, or because immigration has not yet adjudicated the Form I-130 or the Form I-485 (Application for Adjustment to Permanent Residence).
Individuals in the U.S. in another status may apply for a change to the V status. Individuals outside of the U.S. may apply for a V visa and present proof of eligibility at the appropriate U.S. consulate. Proof of eligibility includes evidence of a pending or approved I-130 immigration visa petition. The V-1 visa is for the spouse of the principal permanent resident. V-1 visa holders may apply for work authorization (EAD) to accept employment in the U.S. After a visa number becomes available, V visa holders who are in the US may apply for adjustment of status in order to become permanent residents.
Click here to view USCIS memorandum on the Exception to Nonimmigrant HIV Waiver Policy for K and V Nonimmigrants.
Dependents of V-1 visa holders may apply for the V-2 or V-3 status. The V-2 status is reserved for unmarried children beneficiaries of an I-130 immigrant visa petition. The V-3 status is afforded to a derivative child of either the V-1 spouse or the V-2 unmarried child of the principal. V-2 and V-3 visa holders may also apply for work authorization to accept employment in the U.S.