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How Do I Become a V-Nonimmigrant as the Spouse or Child of a U.S. Permanent Resident? (V-1, V-2 and V-3 Visa Classifications)

Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.

Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person:

  • is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and

  • is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and

  • has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but:

  • an immigrant visa is not yet available; or,

  • there is a pending application to adjust status or application for an immigrant visa.

The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.

Will I Get a Work Permit?
Persons in V-1, V-2, or V-3 status are eligible to apply for a work permit. You should use USCIS Form I-765 (Application for Employment Authorization) to apply for a work permit. Applicants should use the code (a)(15) as the answer to question 16 on Form I-765. You must submit the application by mailing a Form I-765 along with the application fee to:

Can I Travel Outside the United States?
If you obtain a V nonimmigrant visa from a consular office abroad, you may be inspected and admitted to the United States in V nonimmigrant status after traveling abroad as long as you continue to possess a valid, unexpired V visa and remain eligible for V nonimmigrant status.