The V-Visa

In the last newsletter we announced that we would this time discuss both the V-Visa and the H-1B. Since we can now finish the chapter about the LIFE Act together with the V-Visa, we will focus on this so that we can explain the H-1B in just as much detail in the next newsletter. The V-Visa allows some persons who have already been waiting for their green card for a very long time to stay in the US on a legal status until they can get their green card.

Question 1: Who qualifies for the V-Visa?
For you as a souse or child of a green card holder the application for family-based immigration in the F2A category must have been filed before or on December 20, 2000 (the date the LIFE Act became effective). As a child of an immigrant you must be under 21 and unmarried. In case you were under 21 when your application was filed but older than 21 after December 20, 2000, you will automatically be moved to the F2B category with longer waiting times (see also: Visa Bulletin). Furthermore, you must meet the following criteria: your application has been filed at least three years ago and before the date mentioned above, you are still waiting for approval, you already have your approval but are still waiting for your Priority Date (see Visa Bulletin), or your Priority Date ha already been reached but you are still waiting for your immigration visa to be issued or your adjustment of status (from a non-immigration to an immigration visa).

Q2: What is V-1, V-2 and V-3?
The spouse of an immigrant will receive the V-1 Visa. An immigrant's child would get the V-2. The underage family member of a V-1 or V-2 Visa holder would get the V-3 Visa.

Q3: How can I get the V-status in the US?
For this, please use form I-539 for changing your current visa status. Furthermore, there is a supplement about inoculations with regulations that must be followed. You may download these forms from the website of the US Immigration Service. As already mentioned in the last newsletter, your application will first go to a P.O. box in Chicago, Illinois, and there it will be stored to be processes in the not yet finished Missouri Service Center (MSC).

Q4: Do I need a medical check-up?
Yes. The procedure is the same as the one for the status adjustment, however, a supplement like the one mentioned under Q3 is not required.

Q5: How long can I stay in the US on the V-status?
US Immigration will grant you a stay of two years. As described in F6, an extension is possible under certain circumstances. Theoretically this is possible for an indefinite time, but it will end at the latest once INS or the US consulate have rejected your immigration application or INS has rejected your adjustment of status.

Q6: How can I extend my stay in the US?
You may file an application on the same form described under Q3. Your current stay will be extended two more years.

Q7: Can I work on the V-status?
You may apply for an Employment Authorization (EAD). Please use the appropriate application from, but send it to Chicago to the same address to which you sent your V-Visa application. You can send the EAD application together with your V-Visa application.

Q8: Can I leave and re-enter the US on the V-status?
The V-status will be issued as a multiple entry permit. If you receive it in the US you must apply for a V-Visa in a consulate in your home country before re-entering the US. Please note that an adjustment of status is not the same as a valid visa. For persons who spent a long time in the US illegally before obtaining their V-status, it can be very risky to re-enter the US.

The Visa dictionary in our next newsletter:

Popular and desired - the classic among the work visas, the H-1B Visa.