Apsan Law Offices LLC

The V visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.

Eligibility Criteria

Who Can Apply

If you are a permanent resident (green card holder), your spouse, child (unmarried and under 21), or the child of your spouse (your step-child) may be eligible for a V visa if:

1.You filed Form I-130, Petition for Alien Relative, for your family member on or before December 21, 2000. This includes children (unmarried and under 21) listed on the petition.
2.The family member has been waiting at least 3 years since you filed the Form I-130.
3.The immigrant visa is not available on an approved Form I-130 petition OR the application to adjust status is pending OR the petition for an immigrant visa is pending.

Important Deadline

Note: The V visa program has a specific cutoff date. Form I-130 petitions must have been filed on or before December 21, 2000 to be eligible for V visa benefits.

Application Process

If Your Family Member is Inside the United States

You file:

•Form I-539, Application to Change Nonimmigrant Status, and Supplement A
•Form I-693, Medical Examination of Aliens Seeking Adjustment of Status

You can find these forms and detailed instructions in the links to the right.

If Your Family Member is Outside the United States

He or she must go through consular processing. For more information, see the "Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident" link to the right. For more information on consular processing overseas, see the "Consular Processing" link to the right.

V Visa Categories

V-1 Visa

Spouse of a Lawful Permanent Resident

• Must be legally married to LPR
• I-130 filed on or before Dec 21, 2000
• Waiting at least 3 years
• Immigrant visa not yet available

V-2 Visa

Child of a Lawful Permanent Resident

• Must be unmarried and under 21
• I-130 filed on or before Dec 21, 2000
• Waiting at least 3 years
• Immigrant visa not yet available

V-3 Visa

Child of V-1 Visa Holder (Step-child of LPR)

• Must be unmarried and under 21
• Child of the V-1 spouse (step-child of LPR)
• Accompanying or following to join V-1 parent
• Same eligibility requirements apply

Key Requirements Summary

✓LPR must have filed Form I-130 on or before December 21, 2000

✓Family member must have been waiting at least 3 years

✓Immigrant visa must not be available or adjustment pending

✓For children: must be unmarried and under 21

⚠V visa program has specific cutoff date (Dec 21, 2000)

ℹDifferent application process for inside vs outside U.S.

Important Limitations

Cutoff Date Restriction

The V visa program only applies to Form I-130 petitions filed on or before December 21, 2000. This means that families who filed petitions after this date are not eligible for V visas.

Waiting Period

Family members must have been waiting at least 3 years since the Form I-130 was filed before they can apply for a V visa.

Temporary Nature

V visas are temporary nonimmigrant visas. They do not provide permanent residence status and are only valid while waiting for the immigrant visa to become available.

Required Forms

Form I-539

Application to Change Nonimmigrant Status

This form is used to apply for a change of status to V-1, V-2, or V-3 classification. Supplement A must also be completed.

Form I-693

Medical Examination of Aliens Seeking Adjustment of Status

A medical examination performed by a designated civil surgeon is required as part of the V visa application process.

How Our Firm Can Help

Legal Services

•Eligibility assessment for V visa applications
•Form I-539 preparation and filing
•Medical examination coordination
•Consular processing assistance

Ongoing Support

•Status monitoring and updates
•Extension of stay applications
•Work authorization assistance
•Transition to permanent residence

V Nonimmigrant Visas

Overview