V Visa

In order to address the severe backlogs on the availability of visas for families, the LIFE Act provides a new V visa to allow the spouses and minor children of lawful permanent residents, who have been waiting more than 3 years for a green card, to enter the United States and be granted work authorization. Because these individuals are intending immigrants, there is no way for them to legally come to the United States, even for a short visit. By creating a new V visa, the law grants those immediate family members a legal status and work authorization in the United States.

The spouses or children must meet the following requirements for the V Visa:
1. The sponsoring permanent resident must have filed an immigration petition (I-130) for the spouse or child on or before December 21, 2000; and
2. The petition must either have been pending with the USCIS for 3 years or more, or if the petition has been approved, the spouse or minor child must have been waiting at least 3 years for the immigration quota.

Furthermore, the V visa will not only benefit the spouses and minor children who are currently outside the Unites States and have been waiting for more than 3 years, but also benefit those who satisfy the 3-year requirement and are in the United States. In other words, the latter can apply to change status to the new V category. Even those who have been out of status in the United States may obtain the V status. Thus, they will not be subject to removal if they are eligible to claim the V visa benefit. Likewise, a V visa applicant who would otherwise be subject to the 3-year or 10-year bar for previous violation of immigration law may obtain a V visa to come to the U.S. Once the V visa holder has a relative petition approved on his or her behalf and a current priority date, he or she can adjust status under 245(a) or, 245(i) if qualified.

If the immigration petition or adjustment of status is ultimately denied, the V visa holder loses his V status (he must either leave the U.S. or change to other status) in 30 days after the denial. In addition, only those whose immigration petition has filed for 3 years and it was filed before December 21, 2000 may benefit from V visa. So V visa is really a temporary visa and you can do nothing to reserve the benefit if you missed the December 21, 2000 deadline.