V – Visa:
The LIFE Act allows spouses and children of lawful permanent residents (LPR) to come to the United States on V nonimmigrant visas. The purpose of this act is to reunite families who have been or could be separated during the process of immigrating to the United States. With V visas, family members can wait in the United States for the immigrant visa process to be completed.
Conditions for V – Visa:
Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:
- Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
- Priority date is at least three years old;
- Priority date is not current;
- Applicant has not already had an immigrant visa interview or been scheduled for an interview;
- Petition is not already at an embassy or consulate abroad; and
- Applicant is otherwise eligible as an immigrant
The priority date is the date the US Citizenship and Immigration Services (USCIS) received the petition.
The V visa applicant must contact the embassy or consulate where you will apply for a V visa. The consular section tells you of the specific requirements of the visa and schedules an interview. During the interview process, an ink-free, digital fingerprint scan will be taken. In general, the following is required:
- Current, valid passport
- Two copies of Form DS-156 http://travel.state.gov/visaforms.html
- DS-3052 http://travel.state.gov/visaforms.html Non-Immigrant V visa application form
- Police certificates from all places lived in since the age of 16
- Birth certificate
- Marriage certificate for spouse
- Death and divorce certificates from any previous spouse for both the petitioner and the applicant
- Medical examination (except vaccinations)
- Proof that the LPR petitioner is maintaining his/her permanent resident status in the United States
- Two nonimmigrant visa photos http://travel.state.gov/photorequirements.html (two inches/50 X 50 mm square, showing full face, against a light background)
- Proof of financial support (Form I-134 Affidavit of Support, and/or other documents may be requested.) Select Form 1-134 http://uscis.gov/graphics/formsfee/forms/i-134.htm to go to the Department of Homeland Security, USCIS Website for this form.
- Nonimmigrant visa application fee (MRV fee)
The consular officer may ask for additional information. You should bring documents that establish the family relationships. Documents in foreign languages should be translated.
Derivative Status for Children:
Children get derivative status from their parent’s I-130 immigrant visa petition. It is not necessary that they have a separate petition to apply for a V visa. However, if the US Citizenship and Immigration Services (USCIS) has not approved the petition, the derivative status children are not listed in the Department of State’s computer as eligible for a V Visa.
In such cases, these children must prove their relationship to the principal applicant for a V visa when they apply for a visa. Remember that children must be unmarried and under 21 years of age in order to apply for V visas. See child.
Fees are be charged for the following services:
- Filing an immigrant visa petition (I-130)
- Nonimmigrant visa application fee (MRV fees)
- Medical examination (costs vary from post to post)
- Fingerprinting fees, if required
- Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. These costs vary from country to country and case to case.
The length of time varies from case to case according to the circumstances of the person. The time it takes each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to provide correct postal addresses and telephone numbers.) The embassy or consulate may need to get security clearances. Security clearances take time.