V-Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

Temporary Family-Based Visas

The V visa is a non-immigrant visa that permits specific family members of lawful permanent residents (green card holders) to enter the United States while their immigrant visa applications are being processed. It was established to accelerate family reunification for individuals who are in the process of obtaining a green card but have experienced long wait times.

Eligibility for V Visa

To be eligible for a V visa, the spouse or child (under 21) of a U.S. lawful permanent resident (LPR) must meet the following requirements:

  1. The U.S. LPR spouse or parent must have filed Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the spouse or child(ren) before December 21, 2000.
  2. The petition’s priority date must be at least three years old.
  3. The priority date must not be current.
  4. The applicant must not have already attended an immigrant visa interview or be scheduled for one.
  5. The petition must not be in the process of being processed at a U.S. Embassy or Consulate for an immigrant visa.

The Process

Steps to Apply for a V Visa

  1. Submit Form I-130: The process begins when the U.S. citizen or lawful permanent resident (LPR) files Form I-130 (Petition for Alien Relative) on behalf of their spouse or unmarried child. This petition establishes the family relationship and is a prerequisite for applying for a V visa. The petition must be approved before the family member is eligible to apply for the visa. 
  2. Wait for Petition Approval: After filing the I-130, the applicant must wait for USCIS to approve the petition. Once the petition is approved and a visa number becomes available, the family member becomes eligible to apply for the V visa. 
  3. Apply for the V Visa: Once the Form I-130 is approved and a visa number is available, the family member can apply for the V visa. They must submit the necessary documentation to the U.S. consulate or embassy in their home country. This includes the approved petition and additional forms, or evidence required for the visa process.
  4. Attend the Visa Interview: After submitting the visa application, the applicant will need to attend an in-person visa interview at the U.S. consulate or embassy. During the interview, they will present all required documents, including proof of the approved I-130 petition and additional paperwork requested by the consulate. The applicant will also undergo a background check and may need to provide biometric data, such as fingerprints. The consular officer will assess the application and determine whether the applicant is eligible for the V visa.
  5. Receive Visa Decision: After the interview, the consulate will issue a decision on the application. If the visa is approved, the applicant will receive the V visa, which will allow them to enter the U.S. while they await the completion of their immigrant visa processing. In some cases, additional documentation or information may be requested.
  6. Entry to the U.S. and Work Authorization: Once the V visa is approved, the applicant can travel to the United States. As a V visa holder, they can live and work in the U.S. while waiting for their immigrant visa to be processed. 
  7. Maintain Visa Status: While holding a V visa, the applicant must comply with the terms of their visa status. This includes maintaining lawful status in the U.S. and continuing to wait for the approval of their immigrant visa or green card application. If the applicant’s status changes, or if their immigrant visa application is processed, the V visa may no longer be necessary.

Conclusion

The V visa permits eligible spouses and children of lawful permanent residents to reside in the U.S. while their immigrant visa applications are being processed. Although it does not directly lead to permanent residency, it allows applicants to remain in the U.S. during the often-lengthy waiting period.

V visa holders can apply for work authorization (Employment Authorization Document or EAD) while in the U.S., enabling them to legally work while awaiting their green card processing.

V visa holders can travel in and out of the United States, provided they adhere to the regulations governing travel under this temporary visa status.

In Our Law firm we will assist you with the V visa application process. We are here to make the process smooth and efficient, helping reunite you with your family in the U.S. Let us guide you every step of the way. Contact us today to get started.