The “V” visa was created to allow spouses and unmarried children under the age of 21 of legal permanent residents to enter the U.S., or stay in the country if they are already here. The “V” visa applicant is allowed to work in the U.S. while waiting for the immigration process to be completed. To obtain a “V” visa, a Petition for Alien Relative (Form I-130) must have been filed on the alien’s behalf with the appropriate USCIS Service Center on or before December 21, 2000 and the petition must have been pending for at least 3 years from the time it was filed.
“V” visa applicants who reside abroad must apply for this visa at the U.S. consulate. After submitting the application for the “V” visa, the consulate will request the applicant to do a medical examination, and submit evidence of financial support.
Aliens who have resided unlawfully in the United States since April 1, 1997, should seek legal advice before planning to leave the country after receiving “V” status to determine if any bars to admission would be triggered by departing the USA.
If eligible, an alien living outside the USA, may apply for V visa at the U.S. consulate in the home country.
If you would like more information about V visas, contact the Law Offices of Raul Ray at (408)279-5793.