V Visa (V-1 / V-2 / V-3)
Home / V Visa (V-1 / V-2 / V-3)
Key Forms & Process (For Qualifying Legacy Cases)
If your Form I-130 (spouse or child of LPR) was filed on or before December 21, 2000, and has been pending for at least 3 years, you may be eligible for a V visa. The process requires filing Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS, along with proof of the qualifying I-130 receipt, proof of relationship (marriage or birth certificate), and evidence that 3 years have passed since filing. Once approved, the family member can enter the U.S. or change status from within. V visa holders receive work authorization (Form I-765) and can travel with advance parole (Form I-131). When the F2A priority date becomes current, they can adjust status to permanent resident using Form I-485 without leaving the country.
What We Handle at ZubaidaLaw
Our legal advocates first verify eligibility – most I-130s filed after December 21, 2000 do NOT qualify for the V visa. For those who do, we file I-539, I-765 (work permit), I-131 (travel permit), and notarize all supporting documents (old I-130 receipts, marriage/birth certificates, affidavits). We also track the Visa Bulletin to know exactly when your F2A priority date is current for adjustment. For the vast majority of clients with newer petitions, we recommend the F2A visa (often current with no wait) or naturalization to U.S. citizen to upgrade to IR/CR (no wait at all).
Call us at 865-382-2900 to determine if your old I-130 qualifies for the V visa or if a modern alternative is better for your family.
It's a non-immigrant visa created by the LIFE Act of 2000 that allows certain spouses and minor children of lawful permanent residents to wait inside the U.S. while their F2A green card petition is pending. It is not available for new petitions.
To qualify, ALL of the following must be true:
Form I-130 (spouse or child under 21 of LPR) was filed on or before December 21, 2000
The I-130 has been pending for at least 3 years
The relationship still exists (still married, child still unmarried and under 21)
V-1: Principal applicant – spouse of LPR
V-2: Child (under 21, unmarried) of LPR
V-3: Derivative child (under 21, unmarried) of a V-1 holder
No. The V visa is a legacy category. Only I-130 petitions filed on or before December 21, 2000 can qualify. If you filed after that date, you are not eligible for a V visa.
No. You do not qualify for V visa. However, the good news is that the F2A category is often current now, meaning your spouse/child can get a green card with little to no wait. Call us to explore F2A or naturalization.
Yes. Once inside the U.S. on V status, you can file Form I-765 (Application for Employment Authorization) to receive a work permit.
Yes, but you need advance parole (Form I-131) before leaving. Without it, re-entry may be denied.
When your underlying F2A priority date becomes current in the Visa Bulletin, you file Form I-485 (Adjustment of Status) from inside the U.S. – no need to return to your home country.
Your case upgrades from F2A (LPR sponsoring spouse/child) to IR1/CR1 or IR2 (citizen sponsoring spouse/child). The wait disappears. We file the upgrade immediately.
Absolutely. For most families, the V visa is not available. We will:
Check your F2A priority date (often current now)
File a new I-130 if needed
Advise on naturalization to citizen for faster processing
Notarize all relationship documents
Call 865-382-2900 for a clear answer on your specific case.
