New “V” Non-immigrant Visa

By Paschal Obinna Nwokocha,
Attorney at Law

On December 21, 2000, the president signed the Legal Immigration Family Equity (LIFE) Act into law. This law has several provisions (in a previous article we discussed the provision that expired on April 30, 2001.That provision allowed some people to adjust their status and obtain green cards in the United States without returning to their countries). In this column, we discuss the new non-immigrant “ V” Visa created by the Act. On September 7, 2001 the INS issued the regulations to implement this wonderful law.

A lawful permanent resident can file an immigrant visa petition for spouse and unmarried children under 21 years old. It can take several years for visa to be available for such person to come to the U.S. or adjust his or her status to permanent resident, if already in the U.S. So, if the person is in the U.S, he or she may be in illegal status and/ or without work authorization while waiting for visa to become available. “V” Visa is intended to end the several years families have to remain separated while waiting for visa. It also allows those spouses and children in the U.S. to remain legally and obtain work authorization while waiting for visa to become available for them.

This is how “V” non immigrant visa works: if your permanent resident spouse or parent filed (Form I- 130) immigrant visa petition for you more than three years ago, you may be eligible to get this non immigrant “V” visa. If you are eligible, you can also obtain work authorization while waiting for your immigrant visa to be adjudicated. If you are in the US even in violation of law, e.g., came in without visa or overstayed your visa, you can still apply and get work authorization.

If the person is overseas, the person can go to the American Consulate to apply for “V” Non Immigrant Visa, and seek admission to the US under such category. The person will be allowed to remain and work in the US while waiting for the immigrant visa to be adjudicated.

A practical example would help illustrate the benefit of “V” visa:

Mr. Martinez is a permanent resident. In 1997, he filed to have his wife join him in the U.S. The petition has been approved but it will take another three or more years for the wife to get visa or green card. The new “V” visa would benefit the wife in the following ways:

a) If the wife is staying in the U.S. illegally, without work authorization, “V” visa would allow the wife now file to get work authorization. She would now stay legally.

b) If the wife is overseas, she can go to the U.S. embassy and apply for “V” visa. Using that she can come and work in the U.S. She will then remain here legally for as long as it takes the INS to issue her a green card.

Note: If Mr. Martinez has children, they too may benefit from this. Also note that even if Mr. Martinez’s wife snuck through the border without a visa, she may benefit from this.

For Applicants already in the United States the “V” non immigrant visa process takes a few months. Depending on the individual situation, however, it may take several months.

What do I do now? If you think that you or someone you know may benefit from this wonderful provision of the law, please consult knowledgeable immigrant attorney. This may be your opportunity to regularize your status.