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"V" Nonimmigrant Visa

I. SUMMARY
II. WHAT IS "V" Nonimmigrant Visa STATUS?
III. WHO QUALIFIES FOR "V" Nonimmigrant Visa STATUS?
IV. WHAT FORMS DO I USE TO APPLY?
V. FEES TO INS
VI. PROCEDURE

I. SUMMARY

This Visa was established pursuant to the LIFE Act. It is available for Spouses and Children of Legal Permanent Resident's (LPR), more commonly known as Green Card holders.

II. WHAT IS "V" Nonimmigrant Visa ?

This is the Visa which is used if the Spouse or Child of the alien who now holds a green card are waiting for the quota of their catagory to open and become currant. With a V Visa, the benificiary/alien may travel, either within the United States, or abroadwithout first having to apply for advance parole/travel document. The Alien may obtain work authorization. An immigration judge MUST terminate all proceedings if the immigrant is eligible for the V Visa.

III. WHO QUALIFIES FOR "V" Nonimmigrant VIsa ?

The Alien/Benificiary must be:

1. The beneficiary of a Legal Permanent Resident in an Immigrant Petition; AND

2. The beneficiary must be either:

  • The spouse of an Green Card holder ;
  • OR
  • All Children of a Green Card holder who are under 21 years of age
3. AND The beneficiary must be waiting three (3) years for the availability of a visa number.

ALL THREE CONDITIONS MUST APPLY.

IV. WHAT FORMS DO I NEED TO APPLY?

WITHIN THE UNITED STATES: If the alien/benificiary is in the United States, Form I-539 and a supplement A is required. Derivatives of the I-130 can be included.

WORK AUTHORIZATION: If the Alien wants a work authorization card, Form I-765 must be filed, A-15 category. The INS will schedule a fingerprinting appointment.

PHOTOGRAPHS AND SIGNATURE: Two photographs 1 and ˝ inches square (37x37 mm) for each applicant. It must show a full face against a light background. Included with the forms a signature card.

V. FEES TO INS

The filing fee for Form I-539 is $120.00.

The filing fee for Form I-765 is $100.00.

The fingerprinting charge is $25.00.

VI. PROCEDURE

The petitioner completes Form I-539 and Form I-765 (work authorization) and supporting documentation, and filing fee and submits them to the INS Service Center at P.O. Box 7216 Chicago, IL 60680-7216. INS will foreward the paperwork to The Missouri Service Center for processing. INS will schedule a fingerprinting appointment (by mail) for the alien.


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