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The V Visa To Spouses And Minor Children , Legal

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The V visa to spouses and minor children

By Anirban Bhattacharya

V visa is a temporary visa available to spouses and minor children (unmarried and under 21years of age) of U.S. lawful permanent residents or green card holders. The V visa has been especially formulated by the Legal Immigration Family Equity Act of 2000 (LIFE Act) to allow permanent residents of the U.S. to stay with their spouses and children while the immigration process proceeds.

Who all are eligible for the V visa?

To qualify for the V visa an individual:

 Must be the spouse or minor child of a lawful permanent resident of the USA

 Must be the beneficiary of an immigrant petition filed not after 21 December, 2000

 Those living in the USA
o Should be waiting for I-130, or
o In possession of I-130, however, the beneficiary must be waiting for an immigrant visa number, or
o Must have a pending application for adjustment of status or an applicant for an immigrant visa

 Those living outside the USA

o Must have been waiting for an immigrant visa number for at least 3 three years
o Must be still waiting for an immigrant visa interview

The V visa however, does not take in account whether the beneficiary is waiting for the approval of the I-130 or an F2A visa. In other words, with the V visa, a nuclear family can stay in unity. Moreover, spouses holding the V visa can get employment while children can go to school as long as the underlying immigration petition is valid. Moreover, v visa also allows international travel.

The V visa, however, is no longer useful since December 21, 2000. Since the date it
was announced ineffective, more than 1,000,000 spouses and minors are waiting for immigrant visas without being allowed to live with their spouses/parents in the U.S.

However, non-immigrants including students, specialty workers, intra-company transferees do not have this kind of problem as their spouses and minor children automatically qualify for dependent visas and there are no numerical limits or processing delays associated with dependent visas. The current laws of immigration in US only disallow permanent residents to live in unity.

However, U.S. citizens do not experience major delays either when bringing their spouses and or minor children is concerned. All they have to do is file the I-130 applications for their dependants. Alternatively, they can also apply for a K visa if the process takes longer than usual.

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