Embassy of the United States

V Visas

V Non Immigrant Visas

The LIFE Act allows spouses and children of lawful permanent residents (LPR) to come to the United States on V nonimmigrant visas.  The nonimmigrant category V visa has been created to reunite families separated while waiting for their family based (F2A) second preference immigrant visa applications to be processed.  The V visa entitles the holder to travel to and from, and reside in, the United States until he or she becomes eligible to apply for an immigrant visa.

Who is eligible?

Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:

• Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
• Priority date is at least three years old;
• Priority date is not current;
• Applicant has not already had an immigrant visa interview or been scheduled for an interview;
• Petition is not already at an embassy or consulate abroad; and
• Applicant is otherwise eligible as an immigrant.

What is the priority date?

The priority date is the date the U.S. Citizenship and Immigration Services (USCIS) received the petition.  You may call the Department of State recording at (202) 663-1541 to check on the progress of priority dates.

How do I know if my Family Members are eligible for V Visas?

The National Visa Center (NVC) sends a letter to potential V visa applicants and the petitioner.  This letter tells you, the potential V visa applicants, to contact the embassy or consulate where you can apply.  You will get information about setting up a V visa appointment.  When you contact the embassy or consulate, you must have this information with you:

• your full name as on the petition and on your passport;
• your date and place of birth;
• your nationality; and
• your mailing address and telephone number.

How will the Embassy or Consulate know that the applicant is eligible for a V Visa?

The applicant’s name appears in the Department of State’s computer system.  That is how the Embassy or Consulate abroad knows that the person is eligible for a visa.  If you don’t appear in the computer system, it means that you are not eligible for a V Visa and you need to finish the process of applying as a family based (F2A) second preference immigrant visa applicant.

What happens next if you are eligible for a V visa?

If you are eligible to apply for a V visa, you need to contact the U.S. Consulate so that the applicant can be scheduled for a visa interview.  The packet of instructions and a list of required documents (PDF - 142Kb) will be sent to you and the petitioner.

Will the visa be issued on the day of the interview?

Only if you are found eligible for a visa and have brought all of the required documents will the visa be issued to you on the day of the interview.  The visa is usually valid for ten years and will allow the holder to travel in and out of the United States.  Children will be issued visas valid for ten years or until the day before their twenty-first birthday, whichever is shorter.

Fee:  There is a US$100 application fee for this type of visa.  The fee is subject to change at any time.

What happens if my child turns 21 years old and holds a V visa?

A child is only eligible for V visa status while under the age of 21.  If he or she turns 21 before the immigrant visa is issued, he/she will lose his or her entitlement to V visa status.  If your child is in the United States, you must contact the Immigration and Naturalization Service for further information.

What is the difference between the V visa and the Immigrant Visa?

The V Visa applicant is a non-immigrant visa and is valid for a ten-year period.  This will allow you to travel in and out of the United States.  It will also allow you to study and work in the United States.  Within this period you must adjust status in the United States with the U.S. Citizenship and Immigration Service (USCIS).

Can I work?

Holders of V visas may apply for employment authorization once they are in the United States.  You should contact the U.S. Citizen and Immigration Service on your arrival in the United States for further information.