Non-Immigrant Visas
V- Certain Beneficiaries of Lawful Permanent Residents
Because it can take many years for a beneficiary of a lawful permanent resident to receive a green card, Congress enacted legislation to alleviate the burden of family separation. The remedy is the V visa.
To be eligible for the V visa, the alien must be:
- the spouse or unmarried child under 21 years of age of a U.S. lawful permanent resident and
- the beneficiary of a family-based second preference I-130 petition filed on or before December 21, 2000.
Additionally, the I-130 petition for a relative must be:
- currently pending with the USCIS; or
- approved but not have a visa number currently available; or
- approved with a current visa number available but the beneficiary’s application for permanent residency is still pending.
In order to obtain the V visa, the qualifying alien must appear at a U.S. Consulate overseas. Aliens present in the U.S. on a V visa may obtain permission to engage in authorized employment.
The list of non-immigrant visas available to aliens can be found in INA §101(a)(15) and include:
- Ambassador, public minister, or career diplomatic or consular officer;
- Visitor for business or pleasure;
- Individual in immediate and continuous transit;
- Alien crewman;
- Treaty investor or trader;
- Academic student;
- Designated principal representative of a foreign government;
- Temporary worker;
- Representative of the foreign press, radio, film;
- Participant in an approved exchange program;
- Fiance of a U.S. citizen;
- Intracompany transferee;
- Vocational student;
- Parent or child of an alien with special immigrant status;
- Alien with extraordinary ability in the sciences, arts, education, business, or athletics;
- Artist or entertainer;
- Participant in an approved international cultural exchange program;
- Religious worker;
- Criminal informant;
- Victim or informant of trafficking;
- Victim and informant of certain criminal activity; and
- Certain beneficiary of permanent residency application filed by lawful permanent resident.
