Hey everyone, so in my last post I mentioned that I would go into greater detail on all the ways visas and opportunities available to those seeking entrance into the United States. This is post will dive into the Nonimmigrant visas. The Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa.
In addition, issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.
With that said, lets go over some of these nonimmigrant visas. Once again, there is a lot of information, so if you have questions, please ask.
1. Athlete, amateur or professional (competing for prize money only) - There are 3 classes of foreign national athletes that can enter the U.S. using the B-1Visa for athletes—individual professional athletes, athletes or team members who are a part of a foreign based team and amateur hockey player.
- Individual Professional Athletes who will not receive any salary, except prize money, can come to the US on the B-1 Visa to participate in a sporting event or competition.
- Athletes or team members of a foreign-based team can come to the US on the B-1 visa provided:
- the athlete and the team are principally based in a foreign country;
- the foreign team and players’ income and salaries are principally earned in the foreign country; and
- the foreign-based sports team is part of an international league or the actual sporting events are international in nature.
- Amateur Hockey Players may come to the U.S. on the B-1 visa if they are coming to the U.S. for try-outs during the professional season or during playoffs. The hockey player needs to be able to present a “memorandum of agreement” between himself and the National Hockey League. The US team can only play for round-trip airfare, room, board and transportation.
2. Au Pair (Exchange Visitor) - Au Pair in the United States has been designated as an Exchange Visitor Program. The J-1 visa permits Au Pair in America participants to reside legally in the United States for 12 months while caring for children in a program-approved host family. Au pairs and companions in good standing may apply for an extension of stay to continue participation in the program for an additional 6, 9 or 12 months. J-1 visa conditions state that the companion must meet their responsibilities to the host family, not accept paid employment beyond the hours and duties specified by the program, and return home at the end of her program participation.
Providing child care for an American family beyond the 12-month or extended duration of stay is illegal. Participants who leave the program early and remain in the United States are in breach of visa regulations. The DHS allows J-1 visa holders to take an additional month at the conclusion of the exchange to travel in the United States. During that time, participants are free to travel within the United States independently of the program. They are not permitted to provide child care during their travel month in the United States.
3. Australian Professional Specialty - The E-3 visa is used for Australian nationals who work in a specialty occupation. A specialty occupation is defined as
- A theoretical and practical application of a body of specialized knowledge; and
- The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
There really isn't a lot of information about this visa and there is no defined list that one can turn to, but its an option.
4. Border Crossing Card - Mexico - The Border Crossing Card (BCC)* is acceptable as a stand-alone document (by itself) only for travel from Mexico by land, or by pleasure vessel or ferry. Together with a valid passport, though, it meets the documentary requirements for entry at all land, air, and sea ports of entry (to include travel from Canada).
5. Business Visitor - You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
- Consulting with business associates
- Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
- Settling an estate
- Negotiating a contract
- Participating in short-term training
- Transiting through the United States: certain persons may transit the United States with a B-1 visa
- Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa
6. CNMI-Only Transitional Worker - The CNMI-Only Transitional Worker (CW-1) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system.
On August 22, 2017, the CW-1 visa classification was revised with the enactment of the Northern Mariana Islands Economic Expansion Act. The permanent changes are:
- CW-1 visas will generally no longer be available to workers who will be performing jobs classified as 47-0000 “construction and extraction occupations” in the U.S. Department of Labor’s Standard Occupational Classification (SOC) system. The CNMI Department of Labor will generally identify the SOC group on the required Job Vacancy Announcement (JVA). While USCIS will consider the job classification identified on the JVA, USCIS is not bound by this determination and may make a separate and independent judgment based on a preponderance of the evidence in each case.
- USCIS will deny CW-1 petitions for construction and extraction occupations if the worker has not maintained continuous CW-1 status for the same employer since before October 1, 2015. This new limitation applies to CW petitions that are pending with USCIS as of August 22, 2017, as well as to any petitions filed in the future.
- The education fee has increased from $150 to $200 per worker for petitions filed after August 22, 2017.
7. Crewmember - The Crewmember visa is for foreign nationals who wish to enter the United States as a passenger in order to join a vessel or aircraft.
- D-1 Visas - For crewman serving aboard a vessel or aircraft in any capacity that will land in the U.S. to enter the U.S., except U.S. based fishing vessels. These people will be admitted to the U.S. for up to 29 days.
- D-2 Visas - For crewman serving aboard a fishing vessel with a home port or base of operation in the U.S. and is only available if the fishing vessel is temporarily visiting Guam. These people may stay in the U.S. for a period of 6 months.
8. Diplomat or Foreign Government Official - Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. They cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government -- who qualifies for an A visa regardless of the purpose of travel -- your position within your country’s government and your purpose of travel determine whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.
To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa.
9. Domestic Employer or Nanny – Must be Accompanying a foreign national employer - Domestic servants, such as nannies, butlers, gardeners etc., who are accompanying or following to join an employer in the U.S. can apply for a B-1 visa. There will be a note on the visa stating the purpose of travel. However, these people may not travel alone and must obtain a new visa to do so.
10. Employee of a Designated International Organization or NATO - Diplomats, government officials, and employees who will work for international organizations in the United States need G visas. Officials and employees of the North Atlantic Treaty Organization (NATO) who will work for NATO in the United States need NATO visas.
- G - Visas - To receive a G-1, G-2, G-3, or G-4 visa, you must be traveling to attend meetings at, visit, or work at a designated international organization. If you are entitled to a G visa, under U.S. visa law, you must receive a G visa. The exceptions to this rule are extremely limited. International organization officials and employees requiring visas include:
- G-1 - Permanent mission members of a recognized government to a designated international organization and their immediate family members
- G-2 - Representatives of a recognized government traveling temporarily to the United States to attend meetings of a designated international organization and their immediate family members
- G-3 - Representatives of non-recognized or non-member governments and their immediate family members
- G-4 - Individuals coming to the United States to take up an appointment at a designated international organization, including the United Nations, and their immediate family members
- G-5 – May be issued to personal employees or domestic workers of a G-1 – 4 visa holders. Select Personal Employees to learn more.
- NATO - To receive a NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visa, you must be traveling to the United States under the applicable provision of the Agreement on the Status of the North Atlantic Treaty Organization or the Protocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty. This includes national representatives, international staff, and immediate family members. Personal employees or domestic workers of a NATO-1 – 6 visa holder may be issued NATO-7 visas.
11. Foreign National with Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics - The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O nonimmigrant classification is commonly referred to as:
- O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
- O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
- O-3: individuals who are the spouse or children of O-1’s and O-2’s
12. Free Trade Agreement (FTA) Professional: Chile, Singapore - The Chile and Singapore Free Trade Agreements contain provisions allowing the temporary entry of business professionals into the other party, to facilitate trade in services.
13. International Cultural Exchange Visitor - You may be eligible for a Q-1 nonimmigrant visa if you are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States.
14. Intra-Company Transferee - To qualify for L-1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.
15. Medical Treatment Visitor - In order to qualify for a B-2 visa for the purposes of treatment by a U.S. physician, you will need to show U.S. immigration authorities that you plan to make a brief and temporary visit to the U.S. for necessary medical attention that is unavailable in your home country. You will need to provide evidence that you:
- are traveling to the U.S. solely to receive medical treatment
- plan to stay for a temporary and specified period of time that is corroborated by a letter from your treating physician
- have a permanent residence outside the United States as well as other binding ties (such as family and a permanent job) that will demonstrate that you intend to return home
- have a valid, unexpired passport enabling to you to return to your home country at the end of your visit
- have the financial means to pay for your travel and personal expenses during your U.S. stay, and
- have the financial means to pay for the costs of your medical treatment.
You will also need to have letters of recommendation from your doctor in your home country as well as from the doctor who will be treating you in the United States.
16. Media, Journalist - The I visa is for all journalists and other media workers who go to the U.S with the purpose of doing jobs related to the media. This means that they are actively engaged in collecting and disseminating information on current news events in the U.S. However, they must be employed in a media company or organization which is based outside the U.S. So the organization must be foreign, and the media workers cannot get an I visa to work for a U.S company. Most media related jobs qualify for the I visa; however, to make it more specific, the U.S has defined who can get this visa, such as:
- A person who works in an independent production company with foreign journalistic credentials. This person must be filming events related to current news or a documentary.
- A person who is producing or distributing film which is related to current news information or is educational. The film must be financed by a company outside the U.S.
- Journalists with a contract from a foreign media or journalistic company. These journalists must be collecting news that are used to inform and not for commercial purposes.
- Journalists going to the U.S to collect news information about an event happening in the U.S. The news information must be targeted to a foreign audience.
- A representative of a bureau of tourism who has valid accreditation. The representative’s company must be partially funded by a foreign government, and the purpose of the visit must be to collect touristic information about the U.S.
- A person who works in a company which distributes technical industrial information. This person can then work in the U.S offices of that company.
- Journalistic freelancers who have a valid work contract from a foreign media company. The freelancer must be engaged in any of the above mentioned work, provided that they work to collect and disseminate information.
17. NAFTA Professional Worker: Mexico, Canada - The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. This visa will last for up to 3 years. You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada or Mexico;
- Your profession qualifies under the regulations;
- The position in the United States requires a NAFTA professional;
- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
- You have the qualifications to practice in the profession in question.
18. Performing Athlete, Artist, Entertainer - This is for those that are coming to the United States temporarily to perform in athletics or entertainment
- P-1 Visa - Internationally recognized athlete or a member of an internationally recognized entertainment group.
- P-2 Visa - Artists or Performers coming to perform under a reciprocal exchange program.
- P-3 Visa - Artists and entertainers coming solely to perform, teach, or coach under a culturally unique program.
19. Physician - Foreign physicians must:
- Have adequate prior education and training to participate satisfactorily in the program for which they are coming to the United States;
- Be able to adapt to the educational and cultural environment in which they will be receiving their education and training;
- Have the background, needs and experiences suitable to the program;
- Have competency in oral and written English;
- Have passed either Parts I and II of the National Board of Medical Examiners Examination, the Foreign Medical Graduate Examination, Step I and Step II, or the Visa Qualifying Examination (VQE) prepared by the National Board of Medical Examiners, administered by the Educational Commission for Foreign Medical Graduates;
- Provide a statement of need from the government of the country of their nationality or last legal permanent residence. Providing written assurance to the Secretary of Health and Human Services that there is a need in that country for persons with the skills the alien physician seeks to acquire and the alien physician has filed a written assurance with the government of this country that he/she will return upon completion of the training; and
- An agreement or contract from a U.S. accredited medical school, an affiliated hospital or a scientific institution to provide the accredited graduate medical education, signed by the alien physician and the official responsible for the training.
- Have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States for at least 2 years immediately \before the filing of a petition for this status with USCIS.
- Seek to enter the United States to work in a full time, compensated position in one of the following occupations:
- Solely as a minister of that religious denomination;
- A religious vocation either in a professional or nonprofessional capacity;
- A religious occupation either in a professional or nonprofessional capacity; or
- A bona fide non-profit religious organization in the United States.
- Be coming to work for either:
- A bona fide non-profit religious organization in the United States; or
- A bona fide organization that is affiliated with the religious denomination in the United States.
- Have been working in one of the positions described above after the age of 14, either abroad or in the United States, continuously for at least 2 years immediately before the filing of a petition with USCIS. The prior religious work need not correspond precisely to the type of work to be performed. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:
- The foreign national was still employed as a religious worker;
- The break did not exceed two years; and
- The nature of the break was for further religious training or for sabbatical. However, the foreign national must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or universityHold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
22. Student: Academic, Vocational - TO BE DISCUSSED IN ITS OWN POST!!!
23. Temporary Agricultural Worker - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS
24. Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS
25. Tourism, Vacation, Pleasure Visitor - You will need to prove to the U.S. immigration authorities that you:
Although you will have an in-person interview with a U.S. consular official, your word alone will not be enough to assure the official that you are eligible. For all of the items on the list above, you will need to show documentary proof. This is very similar to a Medical Treatment visitor.
26. Training in a Program Not Primarily for Employment - This visa is for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.
27. Treaty Trader/Treaty Investor - Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries. You must be coming to the United States to:
23. Temporary Agricultural Worker - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS
24. Temporary Worker Performing Other Services or Labor of a Temporary or Seasonal Nature - TO BE DISCUSSED IN A POST RELATED TO H2-VISAS
25. Tourism, Vacation, Pleasure Visitor - You will need to prove to the U.S. immigration authorities that you:
- are coming to the U.S. solely for pleasure, and not for other reasons (such as to work or to stay permanently)
- plan to stay for a limited, specific period of time – and definitely not permanently
- have a residence (a place to call home) outside the U.S. as well as other binding ties that will assure your return home after your visit
- have permission to enter a foreign country (probably your own) at the end of your U.S. stay, and
- have the financial means to pay for your visit to and departure from the United States.
Although you will have an in-person interview with a U.S. consular official, your word alone will not be enough to assure the official that you are eligible. For all of the items on the list above, you will need to show documentary proof. This is very similar to a Medical Treatment visitor.
26. Training in a Program Not Primarily for Employment - This visa is for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.
27. Treaty Trader/Treaty Investor - Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, select Treaty Countries. You must be coming to the United States to:
- engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; or
- develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.
28. Transiting the United States - Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Transit (C) visas are nonimmigrant visas for persons traveling in immediate and continuous transit through the United States en route to another country, with few exceptions. Immediate and continuous transit is defined as a reasonably expeditious departure of the traveler in the normal course of travel as the elements permit and assumes a prearranged itinerary without any unreasonable layover privileges. If the traveler seeks layover privileges for purposes other than for transit through the United States, such as to visit friends or engage in sightseeing, the traveler will have to qualify for the type of visa required for that purpose.
29. Victim of Criminal Activity - The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. The crimes that this visa cover include:
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
- Other Related Crimes*†
- *Includes any similar activity where the elements of the crime are substantially similar.
- †Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
30. Victim of Human Trafficking - T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
Congress created this status (commonly referred to as a T visa) in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking .
Under federal law, a “severe form of trafficking” is:
- Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
- Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
31. Nonimmigrant (V) Visa for Spouse and Children of Lawful Permanent Resident (LPR) - The Legal Immigration Family Equity Act (LIFE Act), enacted on December 21, 2000, created a nonimmigrant visa category, the V visa, with specific provisions for certain spouses and children of U.S. lawful permanent residents (LPRs). The purpose of the LIFE Act was to reunite families who had been or could be separated for long periods during the process of immigrating to the United States. V visas, therefore, allowed these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.
To qualify for a V visa, a spouse or child (under age 21) of a U.S. lawful permanent resident (LPR) must meet all of the following criteria:
- The U.S. LPR spouse and/or parent MUST have filed Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of his or her spouse/child(ren) on or before December 21, 2000;
- The petition’s priority date must be at least three years old;
- The priority date must not be current;
- The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
- The petition must not already be at a U.S. Embassy or Consulate for immigrant visa processing; and
- The applicant must be otherwise eligible as an immigrant.
Well that is about it for Nonimmigrant Visas. Once again, I know this is a lot of information, so once again, if you have any questions please contact me. If you have any family members that you think would benefit from this, please send them my information.
