V visa allows eligible spouses and unmarried children below the age of 21 of legal permanent residents of the United States to enter the United States as nonimmigrants to await the approval of immigrant visa petition; the availability of visa number; or approval of lawful permanent resident status through the adjustment of status or immigrant visa. V visas are subject to sunset provision that is supposed to sunset on the same day the provision came into effect.
Eligible spouse and unmarried child of lawful permanent resident may apply for V-1 or V-2 visa at the US consulate abroad or seek V-1 orV-2 status in the United States provided such aliens are principal beneficiaries of relative immigrant petition filed on his or her behalf by the lawful permanent resident on or before December 21, 2000; and waiting for at least three years to attain status as lawful permanent residents because their petition is still pending or has been approved but immigrant visa is not available; or their application for adjustment of status is pending.
Derivatives of V-1 or V-2 visa are eligible for V-3 nonimmigrant status in the United States. V-2 and V-3 nonimmigrants are no longer subject to “Age out” provisions, and therefore will be able to extend their status as V nonimmigrants as long as they meet all other requirements for V nonimmigrant status whether they attained age over 21 or not.
Aliens who are in V status are eligible to apply for work authorization. Aliens who obtained V visa abroad must be inspected and admitted to the United States at the port of entry. If alien obtains V nonimmigrant status while in the United States must obtain V visa at the consulate abroad if he travels outside the United States to enter into the United States. Although, application for adjustment of status is pending, alien in V status need not apply for advance parole to travel abroad but required to have valid visa at the port of entry. . It is not considered abandonment of application for adjustment of status while V visa nonimmigrant travels abroad while application to adjust status is pending. Please be aware that if an alien stayed in the US unlawfully for more than 180 days or 365 days and travels abroad, 3 or 10-year bar rule will apply and will not be able to enter into the United States without a waiver
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