The new V category is open to spouses and unmarried children under the age of 21 of legal permanent residents (LPRs) who have filed petitions for second preference (F2A) status with the INS on their behalf. These petitions must have been filed on or before December 21, 2000. Unmarried children under the age of 21 of those beneficiaries may also be eligible for this classification. Spouses who qualify for this status will be classified as V1; children will be classified as V2; and derivative children of either spouses or children will be classified as V3. In order to be classified as V3, applicants must show that they are the children of V1 or V2 status individuals. All applicants must be eligible for visa issuance under all other applicable immigration laws. Because V Visas are only available for petitions filed on or before December 21, 2000, the category will eventually fade either in three years or when there are no more eligible candidates.

Steps

Applicants must show that they have been waiting at least three years for action by the INS on their petition. If the INS has approved the petition, applicants must demonstrate they have not received a visa number due to worldwide numerical limitations, or that their adjustment of status or immigrant visa is still pending. The National Visa Center will send a special notice to all applicants who filed petitions on or before December 21, 2000 when the priority date is at least three years old (as long as the INS has a petition record in its files at the National Visa Center). The informative letter will outline the required documents and will instruct applicants to contact a visa issuing post. The letter will also contain relevant contact information. V Visas will only be processed at current IV-issuing posts. Applicants must apply at the consular post designated in their I-130 petition. Posts will only process applicants who are residents of their consular districts or who are residents of their IV centralized region.

Documents

Because the V Visa functions as a substitute for an immigrant visa, much of the process is similar to that of obtaining an immigrant visa. Applicants may be asked to provide local documents establishing family relations and, in some cases, testimonials to establish the truth of these relationships. Applicants may also be asked to present evidence to establish that their health and criminal backgrounds meet standards sufficient to protect the American public.