WASHINGTON --
The Immigration and Naturalization Service (INS) today implemented the new V
nonimmigrant status to allow certain spouses and
minor children of lawful permanent residents to reside and work in the
United States while waiting to obtain immigrant status. This provision is one of several immigration benefits provided by
the Legal Immigration Family Equity Act (LIFE Act), enacted on December 21,
2000. The regulation that implements
the V provision was published today in the Federal Register.
Persons granted V nonimmigrant status must still
wait until an immigrant visa
number (priority date) becomes available -- in accordance with the Department
of State's monthly Visa Bulletin -- to apply for their Green Card.
The spouse
or unmarried child (under 21 years of age) of a lawful permanent resident is
eligible for the V nonimmigrant classification, if he/she:
- Had a Form I-130 (Petition for Alien
Relative) filed with the INS on his or her behalf by the lawful permanent
resident spouse or parent on or before December 21, 2000; and
- Has been waiting for at least three years after the Form I-130 was filed for their
immigrant status -- either because a visa number
(priority date) has not yet become available, or because INS has not yet
adjudicated the Form I-130 or the Form I-485 (Application for Adjustment to
Permanent Residence).
The unmarried child (under 21
years of age) of a person who meets the above requirements is also eligible for
V status.
Applying for V Nonimmigrant Status Inside
the United States
Eligible persons living in the United
States must apply for V nonimmigrant
status with the INS by submitting to the INS:
- A completed Form I-539 (Application to Extend/Change Nonimmigrant
Status) along with required documentation, the $120 application fee and
an additional $25 fingerprint fee (unless exempt from fingerprinting);
- The information required by Supplement A to Form I-539; and
- A Form I-693 (Medical Examination) completed by a certified civil surgeon without the vaccination supplement.
All V-related applications and fees submitted to the INS
should be mailed to the following post office box (P.O. Box) address:
U.S. Immigration
and Naturalization Service
P.O. Box 7216
Chicago, IL 60680-7216
Applying Outside the United States
Eligible persons living abroad must apply for a V visa with the Department of State at
the U.S. Embassy or Consulate where the immigrant visa would have been
processed. (See the Department of State
Web site for more information at www.state.gov.) After
entering the United States with their V nonimmigrant visa, they may apply for
work authorization with INS (see below).
Employment Authorization
To obtain authorization to work in the United States,
applicants should file a completed Form I-765 (Application for Employment
Authorization) and the $100 application fee with INS at the P.O. Box address
specified above.
Travel Abroad
V nonimmigrants may travel to and from
the United States while they wait for their immigrant status. However, persons who have been unlawfully present in the United States for
more than 180 days and depart the country must carefully consider the consequences of departure. Their departure will trigger the grounds
of inadmissibility regarding unlawful presence that bar admission to the United
States for three years or 10 years. The
bars for unlawful presence do not prevent eligible persons from obtaining V
status, or from being readmitted to the United States with a V visa following
travel abroad. However, unless such
persons seek and are granted a waiver by INS, these grounds of inadmissibility
will prevent them from adjusting status to lawful permanent resident (for the
applicable 3-year or 10-year period).
V nonimmigrants who wish to travel abroad while they are waiting for immigrant
status do not need to obtain permission or advance parole from INS prior
to their departure. However, in order
to return to the United States, V spouses and children must have a valid V
visa in their passport issued from the Department of State.
Those who obtained V status while in the
United States and then travel abroad must obtain a V visa from the Department
of State at a U.S. Embassy or Consulate abroad before they can be readmitted to
the country. (See the Department of
State Web site for more information at www.state.gov.)
Information and Forms
Additional information and forms are
available through the INS Web site www.ins.gov
(forms can be downloaded from the site), or from the toll-free telephone
service 1-800-375-5283. Application
procedures are explained in the Federal Register notice.
- INS -
