V-1 Family Reunification
Congress has now created a new nonimmigrant category. It is known as the ‘V’ nonimmigrant category.
Many petitions take many years for a visa number to become current. Thus, in normal situations, family members might not be able to see each other for many years prior to being able to all have Lawful Permanent Resident Status in the United States. This new ‘V’ Visa now gives certain nonimmigrant status for spouses and children of permanent residents awaiting the availability of an immigrant visa.
First, this new ‘V’ category applies only to spouses and children of Lawful Permanent Residents. Children are defined as persons who are unmarried and less than 21 years old. Second, it applies only if the Family Petition was filed prior to December 21, 2000. Third, the petition must have been pending for at least three years.
Assuming it has been at least three years, the ‘V’ Visa applies also if the visa number is currently available, but the application for the immigrant visa or the adjustment of status application is still pending.
Your relative can enter the U.S. on this ‘V’ Visa, and they can get employment authorization. When applying for the visa, the 3/10 year bar DOES NOT APPLY TO THEM.
If you have relatives who fall under this section who are inside the United States, they can apply to have their status adjusted to that of a V Nonimmigrant. Unlike most other adjustment applications, the 3/10 year bar, illegal entrants and immigration violators, people without legal immigration papers and numerous criminal convictions DO NOT MAKE THESE PEOPLE INELIGIBLE TO APPLY FOR ADJUSTMENT OF STATUS to obtain ‘V’ status.
If the person was actually in the United States at any time between July 1, 2000 and October 1, 2000, and have been given ‘V’ status as described above, they can have their status adjusted to that of a Lawful Permanent Resident if an immigrant visa is immediately available. Additionally, all of the normal grounds which would make them inadmissible to the U.S. (see same grounds as above) do not bar the person from successfully adjusting their status. The person must pay $1,000.00 fee in addition to the normal fee requirements.
If you are in the U.S., you cannot yet apply for the V Visa because the regulations are not yet out. However, the Department of State has issued its regulations and forms to process the V Visa. Therefore, since the 3/10 year bars do not apply to your son, he can leave the country to get the Visa and then come back as a legal nonimmigrant. Additionally, it may be possible for a Consulate in Mexico or Canada to accept the interview for your son, so he does not have to go back to his home country.
