|
What is a V Visa?
The LIFE Act allows alien spouses, children and their dependents
of U.S. lawful permanent residents to come to the United States
on nonimmigrant V visas to wait with their family in the U.S.
for the immigrant visa process to be completed. 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.
Who
can apply for a V Visa?
Spouses (V-1), unmarried children under the age of 21 (V-2) and
their dependents (V-3) of U.S. lawful permanent residents may
apply for V visas under these conditions:
1. The Petition for Alien Relative Form I-130 MUST have been filed
the on or before December 21, 2000;
2. The priority date is at least three years old
3. The priority date is not current
4. The applicant has not already had an immigrant visa interview
or been scheduled for an interview
5. The petition is not already at an embassy or consulate abroad;
and
6. The 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 I’m Eligible for a V Visa?
The National Visa Center (NVC) sends a letter to potential V visa
applicants and their petitioners. After receiving this letter
you should come the Consular Section of the U.S. Embassy in La
Paz to verify your eligibility and create a case.
What
are the procedures for obtaining a V visas?
After you come the U.S. Embassy in La Paz and a you will be provided
with the informational packet. Once all the necessary documentation,
detailed in the informational packet, is gathered, the beneficiary
(visa applicant) may then come to the U.S. Embassy in La Paz with
all the proper documentation any Wednesday at 1:30 pm for the
visa interview. A consular officer conducts an interview with
the visa applicant to determine whether he/she is eligible for
the visa. If all documents are in order and the applicant is found
eligible, a visa will be issued. The applicant’s passport
will remain with the Consular Section in order to place the visa
in their passport. The applicant will pick up his/her passport
with the visa at Window 5 at 4:30pm the same day of the interview.
After receiving the V visa, the alien will have 6 months to travel
to the U.S. where he or she will present his/her passport with
the visas to the immigration officer at the port of entry to enter
the United States. He or she will be admitted into the country
with non-immigrant status. However, the status will be changed
to immigration: lawful permanent resident status once the immigrant
petition filed on their behalf is processed.
What
documents are necessary for the V visa interview?
The nonimmigrant V Visa applicant also has an immigrant visa petition
which their parent or spouse has filed for them in the U.S. Therefore,
they must meet some of the requirements for an immigrant visa
as well as for a non-immigrant visa. The following are required
documents to bring to the visa interview:
- Two
FORWARD FACING color photographs 5cm. x 5cm. (2in.x
2in.) taken within the last six months. The photograph should
be non-glossy, have a white background, and be of good quality.
Only the face should be visible. Note: The
Consular Section is no longer requiring 3/4 profile photographs.
Photos should now be FORWARD FACING. For more
detailed information visit: http://travel.state.gov/passport/pptphotos/index.html
-
Passport valid for a minimum of six months.
-
Nonimmigrant V Visa Application Form
DS-3052
-
Non-Immigrant Visa Application Form
DS-156
-
Medical forms (except vaccinations).
-
Affidavit of Support Form
I-134 . Must be completed and notarized by each sponsor,
and accompanied by each sponsor's tax returns from the IRS for
the last 3 years.
-
US$100 application fee per person
-
Birth Certificate of the beneficiary and of
all his/her unmarried children under 21* (must state the date
and place of birth and names of both parents) (certified copy)
- Marriage
Certificate to U.S. lawful permanent resident (certified
copy)
-
Divorce or death certificates, from any previous
spouse for both the petitioner and the applicant, if applicable
(certified copy)
-
Police Certificate from every visa applicant
aged 16 years or older for all places the applicant has resided
for twelve months or more since the age of sixteen. A police
certificate must also be obtained from the police authorities
of any place where the applicant has been arrested for any reason,
regardless of the length of residence.
-
Court and Prison Records Persons convicted
of a crime must obtain a certified copy of each court record
and any prison record, regardless that they may have benefited
from an amnesty or pardon.
-
Proof that the U.S. lawful permanent resident
petitioner is maintaining his/her permanent resident status
in the United States
-
Evidence of Support: Evidence which will show
that you and your children, if any, are not likely to become
public charges in the United States. The enclosed information
sheet, Optional Form 167, lists evidence which may be presented
to meet this requirement of law.
TRANSLATIONS: All documents not in English
or Spanish must be accompanied by a certified English translation.
Can
children receive derivative status for V visas?
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.
Can
a V Visa Holder Work in the United States?
A V visa holder can apply to the United States Citizenship and
Immigration Services (USCIS) for permission to work in the United
States. See How
Do I Get A Work Permit (Employment Authorization Document - EAD)?
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)
-
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. For current
fees visit Fees
and Reciprocity Tables.
What
If the Applicant Is Ineligible for a V Visa?
Certain conditions and activities may make you, the applicant,
ineligible for a visa. Examples of these ineligibilities are:
1. Trafficking in drugs
2. Having HIV/AIDS
3. Overstaying a previous visa
4. 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.
Can
I Appeal if I was refused a V visa?
There is no appeal from a decision on Form I-539 denying V status.
Back
to Main Page
If
you have a question that is not covered in the Information on
our webpage, please contact us at consularlapaz@state.gov.
|
