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How Do I Become a V-Nonimmigrant as the Spouse or Child of a U.S. Permanent Resident? (V-1, V-2 and V-3 Visa Classifications) Background Where Can I Find the Law? Who is Eligible?
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status. How Do I Apply? If inside the United States, you must file the Form I-539, Application to Change Nonimmigrant Status, and Supplement A, and pay the application fee, or request a waiver of the application fee. All aliens 14 to 79 years of age who are filing Form I-539 to obtain V nonimmigrant status must submit a service fee for fingerprinting with their application. In addition to the instructions listed on the Form I-539, all aliens applying for V nonimmigrant status must follow the supplemental instructions found on Supplement A to Form I-539. Applicants must also undergo a medical examination and submit Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, without the vaccination supplement. Applications should be submitted to:
P.O. Box 7216 Chicago, IL 60680-7216 Will I Get a Work Permit?
P.O. Box 7216 Chicago, IL 60680-7216 Please see How Do I Get a Work Permit? for more information. Can I Travel Outside the United States? When you are granted V nonimmigrant status in the United States by the INS, you will need to obtain a V visa from a consular office abroad in order to be inspected and admitted to the United States as a V nonimmigrant after traveling abroad. (You will not need to apply for a V visa abroad in order to be admitted if you have traveled to contiguous territories or adjacent islands, have another (different category) valid visa, and are eligible for automatic revalidation.) Procedures for obtaining a V nonimmigrant visa abroad are found in the Department of State regulations at 22 CFR 41.86 (66 FR 19390, April 16, 2001). In addition, you must remain eligible for admission in V nonimmigrant status. A V nonimmigrant with a pending Form I-485, Application to Register Permanent Residence or Adjust Status, does not need to obtain advance parole prior to traveling abroad. This means that an alien in V nonimmigrant status may be readmitted as a nonimmigrant despite the fact that he or she is an intending immigrant with a filed application for adjustment of status or an immigrant visa. The departure of a V nonimmigrants with a, pending applications for adjustment of status is not considered to have abandoned the adjustment application upon departure. Important Note: If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act. How Can I Check the Status of My Application? How Can I Appeal? Can Anyone Help Me? |
Last Modified 02/26/2003