Under the Legal Immigration Family Equity Act (LIFE Act) and its amendments, a V visa allows the spouse and unmarried children (below the age of 21 years) of a Lawful Permanent Resident to enter, live and work in the U.S. as nonimmigrants until they receive Lawful Permanent Resident (LPR) status. The spouse is given a V-1 visa and the children are given V-2 or V-3 visas.
You can receive a V-1 (Spouse) visa if:
- You have married an LPR of the U.S.
- Your LPR spouse has filed Form I-130 (Petition for Alien Relative) with USCIS on your behalf on or before December 21, 2000 and you are the principal beneficiary of the petition.
- You have been waiting for at least three years for the approval of the petition for Lawful Permanent Resident status.
You can receive a V-2 (Child) visa if:
- You are unmarried and under the age of 21 years.
- You are the child of an LPR of the U.S.
- Your LPR parent has filed Form I-130 (Petition for Alien Relative) with USCIS for you, on or before December 21, 2000 and you are the principal beneficiary of the petition.
You can receive a V-3 (Child) visa if:
- You are unmarried and under the age of 21 years.
- You are the derivative child of a foreign national who is eligible for a V-1 visa.
There are two advantages to having a V non-immigrant visa:
- You are allowed to work in the U.S. while waiting for your Permanent Resident status. However, in order to do this, you must have a work permit. To apply for a work permit, submit Form I-765 (Application for Employment Authorization) to the USCIS center in Chicago.
Note: You won't need to apply for a work permit after you have become a Lawful Permanent Resident of the United States because you will receive a Permanent Resident card which allows you to permanently live and work in the U.S. Even while waiting for your Permanent Resident status, your valid V non-immigrant visa allows you to travel outside of and return to the U.S.
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