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V Visas
On April 1, 2001 a new nonimmigrant visa category, the V visa, was established
to enable the spouse and children of certain Legal Permanent Residents
(LPRs) of the United States to live in the U.S. while awaiting their
Priority Date to become current.
What is a V visa?
Because of numerical limits imposed by Congress, there is a waiting
period when a Legal Permanent Resident (LPR) residing in the United
States petitions on behalf of his/her spouse and children living overseas.
For many people, this wait will be four years or longer. Previously,
applicants were required to wait abroad, while their spouse, father
or mother resided in the U.S.
The V visa allows certain spouses (V-1 category) and children (V-2 category)
of Legal Permanent Residents to live in the United States in nonimmigrant
visa status while awaiting their priority dates for immigration.
Who Qualifies?
The requirements for a V visa are very specific and all must be met.
Only applicants identified by the National Visa Center may qualify.
The criteria used to identify potential applicants for the V visa are:
 An I-130
petition must have been already filed on or before December 21, 2000.
The applicant
must demonstrate that he or she has been waiting for action on the
petition filing for three years or more.
The applicant
must be eligible as an Immigrant. This means that an applicant will
still go through most of the steps involved in applying for an Immigrant
Visa.
Who is Not Eligible for a V Visa?
Among those who are not eligible for a V visa are:
Brothers and
sisters of American Citizens.
Parents of US
citizens.
Grandchildren
of lawful permanent residents.
Beneficiaries
of employment-based immigrant visa petitions.
Persons whose
priority date is current and whose I-130 petition is already at an
overseas post, and who either have already been interviewed or have
been scheduled for an interview by a consular officer overseas.
How do I Know that I am Eligible?
The National Visa Center (NVC) mailed instructional letters to all applicants
with non-current files who may be eligible to apply for a V visa. If
you have not received such a mailing, you are probably not eligible
because the date that the petition was filed on your behalf does not
meet the above criteria. Your spouse in the United States should contact
the INS where the petition was filed if you did not receive a letter
but think you might qualify.
Please do not contact the Embassy in Seoul, as we do not have access
to the appropriate records to verify your eligibility.
You can contact the National Visa Center if you believe you should have
received a letter of eligibility but have not.
National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801-2909
U.S.A.
Telephone (603) 334-0700
or
FAX (603) 334-0759
Other Points
I received a letter from the NVC. What do I do?
When you present your letter from NVC, together with your Family Census
Register (FCR) and English translation, to the Embassy, we will issue
you a letter called SEO-54. This will enable you to apply for an "immigrant
passport" from the Korean Government.
We'll also give you additional instructions(OF169
and SEO3.5) on how to proceed with your application.
To view these instructions on line now, you'll need Acrobat
Reader software. The latest Acrobat software (version 4.0) is available
for a free download.
You may also view the forms with Acrobat version 3.0 and later.
How do I obtain more information on V visas?
More information on V visas is available on Department
of State's website, or from the U.S. Immigration and Naturalization
Service INS.
How long is a V Visa Valid?
V visas are generally issued for multiple entries and with 10 years
validity for adults and children under 11 years old. Children age 11
and older will receive visas valid until their 21st birthday.
Can I Work in the U.S. with a V Visa?
V Visa holders can apply to the INS
for employment authorization.
Where Should I Apply for my V Visa?
You must apply at the American Embassy or Consulate where your immigrant
visa was to be processed. This is generally the Embassy or Consulate
named in the I-130 petition originally filed by your LPR spouse or parent.
Updated March 16, 2004
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