Immigration Reform and The V-Visa (family-based)

Dear Readers, thank you for all your questions and comments. For everyone who has asked or searched about the V-visa or status of pending petitions, you will likely find this article useful.

Immigration reform (CIR) and the V-visa expansion

Qs: what is the V-Visa:

Ans: Under current law, the V-visa allows the spouse or child of a green card holder (LPR)to come to the US and work while the petition is pending. The petition must have been filed before December 21, 2000, must have been pending for at least 3 years and an immigrant petition is not available.

Qs: How will CIR change this to help my family?

Ans: CIR will expand the categories eligible for V-visa benefit.

Qs: Which categories?

Ans: Unmarried sons/daughters of USC, married sons/daughters or USC, unmarried sons/daughters of LPR and siblings of USC.

Qs: How do they qualify?

Ans: They will have to show that their petition has been pending for over 3 years and a visa is not available and the petition was filed before December 21, 2000.

Qs: What will be the benefits?

Other than the fact they are united with their family, they will be eligible for work authorization (EAD) for the duration of their admission into the US.

Qs. Will everyone get EADs?

I’m afraid not. Siblings of USCs will not be eligible for work permission. They can stay for 60 days at a time. If a visa is available while they are visiting the US, they will not get their visas.

Qs: How long can they stay when they enter?

I am not sure about the answer to this question. It might be written on the V-visa approval notice. I hope to find out in due course. But siblings for USCs will be allowed admission for 60 days.

Qs: I hear they have to leave if the petition is denied?

That is correct. They will have 30 days to leave the US if their I-130 petition or adjustment of status petition is denied.

Qs: Anything else I should know?

Ans: This is just a bill. Much can change. The bill is in the Senate. It can change while it is still in the Senate. It can change when it reaches the House. You must keep an eye on the news and the updates to learn about the status of these provisions.

PLEASE NOTE: SOME OF THE ANSWERS ARE NOT QUITE CLEAR AT THIS POINT AND AS I RESEARCH/LEARN MORE, I WILL UPDATE THIS POST. SO PLEASE REVISIT THIS POST IN DUE COURSE.