The nonimmigrant category (V) 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, or for an immigrant visa, instead of having to wait outside the United States as the law once previously required.
A person may apply for a V-1 Visa or V-2 Visa or seek V-1 or V-2 Nonimmigrant Status while in the United States, if:
- The person is lawfully married to a Lawful Permanent Resident of the United States (V-1 Visa), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2 Visa)
- The person is the principal beneficiary of a relative petition that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000
- The person 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 child of a V-1 or V-2 Nonimmigrant is eligible for a V-3 Visa or for V-3 Status.
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