Information for non-immigrant on V visa to get green card.

V visa

 

V non-immigrant category was created by the Legal Immigration Family Equity (LIFE) Act provisions of 2000. This allows the spouse or child of a permanent resident to live and work in the United States while waiting to obtain immigrant status. The spouse or child of the permanent resident needs a Form I-130, Petition for Alien Relative, filed on their behalf on or before December 21, 2000 by the permanent resident relative to qualify for a V visa. For their immigrant status the spouse or child also must have been waiting for at least 3 years after the form was filed. This could be either because a visa number was not available or because they had not yet adjudicated the Form I-130 or Form I-485, Application to Register Permanent Residence or Adjust Status. V non-immigrants will eventually adjust status as the spouse or child of a permanent resident when a visa number becomes available and the Form I-130 and Form I-485 have been adjudicated in most cases.

Eligibility requirements

To receive a green card as a V non-immigrant you may be eligible if:

  • As the spouse or child  if you are the beneficiary  of an immigrant visa petition that was filed by a permanent resident by December 21, 2000
  • While in the United States you obtained V status either in the United States or abroad and have continuously maintained your status
  • If your spouse or parent has now naturalized you continue to remain eligible to adjust status as the spouse or child of a permanent resident or U.S. citizen,
  • Immediately you should have an immigrant visa available
  • To the United States you are admissible

Process of applying

You need to file Form I-485 to obtain a green card.

Support documents for the Form I-485

With your application you should submit the following evidence and documentation:

  • Passport-style two photos
  • Biographic Information, Form G-325A
  • Government issued photo identification photocopy
  • Birth certificate photocopy
  • If applicable with non-immigrant visa photocopy of passport page
  • If applicable  photocopy of passport page with admission (entry) or parole stamp
  • If applicable Form I-94,Admission/Departure record
  • Report of Medical Examination and Vaccination Record  Form I-693
  • Affidavit of Support, Form I-864,
  • Showing the date you were granted V non-immigrant status Form I-797, Notice of Action. This is based on Form I-539, Application to Extend/Change Non-immigrant Status.
  • As evidence of the Form I-130 approval letter or receipt notice Notice of Action, Form I-797
  • Filing fee applicable

Details for travel and medical examinations

When your Form I-485 is pending requirements for travel outside the United States is important. While your Form I-485 is pending you do not need to file for advance parole prior to traveling abroad. But as a V non-immigrant you must obtain a V visa from a consular office abroad in order to be readmitted to the United States. Unless you obtain a waiver departure from the United States at any time after having accrued more than 180 days of unlawful presence will render you inadmissible to the United States to adjust status. Please carefully consider any possible consequences therefore before traveling outside the United States while your Form I-485 is pending.

You are not required to have another medical exam if your Form I-485 is filed within one year of your medical exam and If you received a complete medical exam conducted by either a Panel Physician overseas or a Civil Surgeon within the United States prior to receiving your V visa. You will, however, be required to submit the vaccination portion of Form I-693, which will be completed by a Civil Surgeon.

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