Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

Michu · Dabei seit 24.05.2003 Beiträge 14.146 Reaktionspunkte 3

Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

Overview
Immigration law provides three ways for you, a lawful permanent resident (LPR), to bring your spouse, children and sons/daughters to the United States. They are:

Immigrant visa (F2A) for family second preference immigrant visa for your spouse and children

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html

Wartezeit fuer eine Visa-Nr. Z.Zt. ca. 4-5 Jahre.

Nonimmigrant (V) visa for your spouse and children to travel to the United States to wait for processing of the immigrant visa. This Internet document provides the application procedures for the nonimmigrant (V) visa.

What Is a V Visa?
The LIFE Act allows spouses and children of lawful permanent residents (LPR) to come to the United States on V nonimmigrant visas. The purpose of this act is to reunite families who have been or could be separated during the process of immigrating to the United States. With V visas, family members can wait in the United States for the immigrant visa process to be completed.

Who Can Get a V Visa?
Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:

Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
Priority date is at least three years old;
Priority date is not current;
Applicant has not already had an immigrant visa interview or been scheduled for an interview;
Petition is not already at an embassy or consulate abroad; and
Applicant is otherwise eligible as an immigrant

The priority date is the date the US Citizenship and Immigration Services (USCIS) received the petition.

How Do I Know If My Family Members Are Eligible for V Visas?
The National Visa Center (NVC) sends a letter to potential V visa applicants and the petitioner. This letter tells you, the potential V visa applicants, to contact the embassy or consulate where you can apply. You will get information about setting up a V visa appointment. When you contact the embassy or consulate, you must have this information with you:

your full name as on the petition and on your passport;
your date and place of birth;
your nationality; and
your mailing address and telephone number

How Will the Embassy or Consulate Know That the Applicant Is Eligible for a V Visa?
The applicant’s name appears in the Department of State’s computer system. That is how the embassy or consulate abroad knows that the person is eligible for a visa.

A V Visa Applicant Is Also an Immigrant
You, the V Visa applicant, have an immigrant visa petition which your parent or spouse has filed for you. Therefore, you must meet some of the requirements of an immigrant visa. Some of the usual requirements of the nonimmigrant visa are not required. The consular section will tell you what to bring to the interview.

Applying for a Visa
You, the V visa applicant must contact the embassy or consulate where you will apply for a V visa. The consular section tells you of the specific requirements of the visa and schedules an interview. In general, the following is required:

Current, valid passport
Two copies of Form DS-156 http://travel.state.gov/visaforms.html
DS-3052 Non-Immigrant V visa application form http://foia.state.gov/FORMS/visa/ds3052.pdf
Police certificates from all places lived in since the age of 16
Birth certificate
Marriage certificate for spouse
Death and divorce certificates from any previous spouse for both the petitioner and the applicant
Medical examination (except vaccinations)
Proof that the LPR petitioner is maintaining his/her permanent resident status in the United States
Two nonimmigrant visa photos http://travel.state.gov/photorequirements.html (two inches/50 X 50 mm square, showing full face, against a light background)
Proof of financial support (Form I-134 Affidavit of Support, and/or other documents may be requested.) Select Form 1-134 http://www.uscis.gov/files/form/i-134.pdf to go to the Department of Homeland Security, USCIS Website for this form.
Nonimmigrant visa application fee (MRV fee)

The consular officer may ask for additional information. You should bring documents that establish the family relationships. Documents in foreign languages should be translated.

Derivative Status for Children
Children get derivative status from their parent’s I-130 immigrant visa petition. It is not necessary that they have a separate petition to apply for a V visa. However, if the US Citizenship and Immigration Services (USCIS) has not approved the petition, the derivative status children are not listed in the Department of State’s computer as eligible for a V Visa.
In such cases, these children must prove their relationship to the principal applicant for a V visa when they apply for a visa. Remember that children must be unmarried and under 21 years of age in order to apply for V visas. See child.

Can a V Visa Holder Work in the United States?
A V visa holder can apply to the Bureau of Citizenship and Immigration Services (BCIS) for permission to work in the United States. See How do I Get a Work Permit:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1RCRD

Can a Child Apply by Him/Herself?
A child under the age of sixteen may apply through a parent or legal guardian.

How Much Does It Cost?
Fees are be charged for the following services:

Filing an immigrant visa petition (I-130)
Nonimmigrant visa application fee (MRV fees)
Medical examination (costs vary from post to post)
Fingerprinting fees, if required
Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. These costs vary from country to country and case to case.

How Long Does It Take?
The length of time varies from case to case according to the circumstances of the person. The time it takes each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to provide correct postal addresses and telephone numbers.) The embassy or consulate may need to get security clearances. Security clearances take time.

What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:

Trafficking in drugs
Having HIV/AIDS
Overstaying a previous visa
Submitting fraudulent documents

The consular officer will tell you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas .

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#Ineligibilities

Part II

Anzeige

Hallo Michu,

schau mal hier:
have you ever been refused a u.s. visa, or been refused admission to the united states, or withdrawn your application for admission at the port of entry .

Michu · Dabei seit 24.05.2003 Beiträge 14.146 Reaktionspunkte 3

Part II

How Do I Get More Information on the V Visa?
You can read the regulations on the V Visa in 9 FAM 41.86. The entire FAM is available by clicking on FOIA on the Department of State home page:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 41.86 Notes

(TL:VISA-595; 11-12-2003) (Office of Origin: CA/VO/L/R)

9 FAM 41.86 N1 Background
(TL:VISA-595; 11-12-2003)
The Legal Immigration Family Equity Act (LIFE Act), Public Law 105-553 added a new nonimmigrant category (V) to provided nonimmigrant status for second preference spouses and children of permanent resident for whom petitions were filed on or before the date of enactment (December 21, 2000) and who have been waiting for three or more years for petition approval, adjustment of status or an immigrant visa. This new category is intended to permit long-separated families to reunite in the United States and await second-preference adjustment of status. Although V status is available only to those whose petitions were filed on or before December 21, 2000, there is no requirement that the visa itself be issued by a certain date.

9 FAM 41.86 N2 Grounds of Inadmissibility
(TL:VISA-595; 11-12-2003)
a. An alien seeking admission under INA 101(a)(15)(V) is subject to all grounds of inadmissibility under INA 212(a), except 212(a)(9)(B).
b. Such alien is also not subject to the residence abroad requirement of INA 214(b). However, INA 214(b) would be an appropriate ground of refusal if and/or when an applicant does not meet all of the specific requirements relating to V classification, i.e., the petition is not yet three years old, the applicant is not entitled to derivative status (e.g., the child of a V-3), or the V-2 or V-3 applicant has aged-out.
c. Posts should use the blue refusal sheets usually used with IV cases, even though Vs are NIVs. If the refusal is based on INA 214(b), the reason for that refusal should be clearly noted, not only on the refusal letter given to the applicant but also in the NIV system, e.g., "insufficient waiting period."

9 FAM 41.86 N3 No V Visa if Priority Date Is Current
(TL:VISA-377; 03-29-2002)
If the applicant's priority date is current, consular officers must process the applicant as an immigrant, as the provision, for visa purposes, is only for those who are unable to obtain an immigrant visa because the petition has not yet been approved or a visa number is not yet available. The statute does also confer eligibility for V status if "the application for a visa [among other things] remains pending," but, practically speaking, it is not possible under current regulations for an immigrant visa application to be "pending." 22 CFR 42.81 requires that an application for an immigrant visa be either approved or denied on completion of a formal application.

9 FAM 41.86 N4 Derivative Visas
(TL:VISA-377; 03-29-2002)
The unmarried child of an LPR who is the beneficiary of an F2A petition in his or her own name is classifiable as a V-2 in his or her own right, not as a derivative. The V-2 status child need not accompany or follow to join a V-1 parent. Thus V-2s can precede the V-1 principal applicant to the United States. On the other hand, the unmarried child of an LPR who is included on his or her beneficiary parent's petition is deemed to have acquired status under INA 203(d) and is thus classified as a V-3. The unmarried child of either a V-1 or a V-2 also gains derivative V status as a V-3 under the provision in INA 203(d). A V-3 alien may not be issued a visa, or travel, before the issuance of a visa to the V-1 or V-2 from whom he or she is acquiring V classification.

9 FAM 41.86 N5 Documentary Requirements
(TL:VISA-595; 11-12-2003)
a. Applicants for V visas will be processed with documentary requirements similar as those for the K-1 fiancé(e) visa, i.e., Form DS-156, Nonimmigrant Visa Application, Form DS-3052, Nonimmigrant V Visa Application, Form DS-2053, Medical Examination for Immigrant or Refugee, Form DS-3024, Chest X-Ray and Classification Worksheet, Form DS-3025, Vaccination Documentation Worksheet, and Form DS-3026, Medical History and Physical Examination Worksheet. Other requirements:
(1) The applicant must undergo the standard IV medical examination by a panel physician;
(2) An NCIC name check must be done by NVC for each applicant;
(3) The applicant must present local police certificates, if required; and
(4) The applicant must present evidence of family relationship to the petitioner at the time of the visa interview.

b. The only INA 212(a) ineligibility ground specifically made inapplicable by the LIFE Act is paragraph (9)(B). Thus, an applicant for a V visa is subject to INA 212(a)(4) as are all other applicants. The applicant must demonstrate to the consular officer's satisfaction that he or she will not become a public charge. An applicant may present a letter from the petitioner's employer or evidence that he or she will be self-supporting. Consular officers may require Form I-134, Affidavit of Support, when it is deemed useful. The consular officer may not require Form I-864, Affidavit of Support Under Section 213A of the Act.

9 FAM 41.86 N6 Confirming Eligibility for V Status
(TL:VISA-595; 11-12-2003)
a. NVC stores files for F2A cases that are not yet current. Therefore, NVC has entered in CLASS all applicants whose files are at NVC, are three or more years old, and are not yet current, which confirms eligibility for V processing for those applicants. It will continue to do so for all F2A aliens whose petitions were filed prior to December 20, 2000, as these petitions hit the three-year mark. NVC has sent, and will continue to send, an information or instruction sheet to those applicants with INS-approved petitions in storage at NVC. The letter briefly outlines the documentary requirements for the V visa and instructs the applicant to contact the post. This will be the only mailing from NVC to V applicants; other instructional or appointment packets will be sent. NVC will not send an electronic file or a paper file to posts. Successful V applicants will enter the United States and remain in V status until an immigrant number is available. They will then be eligible to adjust status and DHS may need to retrieve the file from NVC.

b. Arrangements have not yet been completed with DHS for a mechanism by which to identify aliens eligible for V status on the basis of a petition filed three or more years earlier but not yet adjudicated.

9 FAM 41.86 N7 Validity and Fees for V Visas
(TL:VISA-595; 11-12-2003)
a. There is no fee for a V application or issuance, other than the standard MRV fee. There are no separate reciprocity fees. Applicants must pay the panel physician for the physical examination.

b. Unless constrained by security clearance requirements or other waivers, which are valid for a year or less, the validity of a V-1 visa should be 10 years for multiple entries. V-2 and V-3 applicants, however, can receive visas only valid until they reach the age of 21 years. Applicants for V-2 and V-3 visas will be required to sign a form apprising them that entering into a marriage prior to obtaining adjustment of status will render them ineligible for adjust as an F2A immigrant.

c. DHS will initially admit persons with V visas for a two-year period. If no other action has taken place within that period, such an alien will need to apply for an extension of stay if his or her priority date is still not current.

9 FAM 41.86 N8 INA 212(a) Refusals
(TL:VISA-595; 11-12-2003)
a. As the V visa is an NIV, an applicant ineligible under INA 212(a) (other than (9)(B) which is inapplicable) will need an INA 212(d)(3)(A) waiver. Such waiver recommendations should be handled in the same fashion as for those of fiancé(e)s. See 9 FAM 41.81 N9.

b. As a V applicant is also, however, a de facto IV applicant, consular officers must consider whether a waiver opportunity in connection with an IV is available. If not, the consular officer may prefer not to recommend a (d)(3)(A) waiver.

c. If there is also the possibility of an IV waiver, the consular officer should both recommend the (d)(3)(A) waiver and require the applicant to file simultaneously Form I-601, Application for Waiver of Grounds of Excludability. (The latter involves collecting a $95.00 fee for DHS.) If the IV waiver application is approved, it will be in place when the application for adjustment is filed later.

9 FAM 41.86 N9 Applicant with CLASS A or CLASS B (TB) Medical Condition
(TL:VISA-465; 09-25-2002)
See 9 FAM 41.108 N6.2, 9 FAM 41.108 N7 and 9 FAM 41.108 N8.

9 FAM 41.86 N10 Processing Priorities
(TL:VISA-324; 10-10-2001)
The purpose of the LIFE Act is to reunite families. It is important that posts process these cases as quickly as possible. Posts should first handle IV cases that are current for processing and for which visa numbers are available. The second priority should be V-1 and K-3 applicants and their children.

http://foia.state.gov/masterdocs/09FAM/0941086N.PDF

http://travel.state.gov/visa/immigrants/types/types_1493.html

Insgesamt gesehen, kaum eine Moeglichkeit das V-Visum zu erhalten.

Gruss
Michael

Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

Michu

Anzeige

Michu

Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

ANGEBOTE & SPONSOREN