| 8. | What is the background of the new nonimmigrant V-3 visa category? |
| | | | | The Legal Immigration Family Equity Act (LIFE Act) and its amendments established a new nonimmigrant V category within the immigration law that allows the dependent spouse or children of a U.S. Lawful
Permanent Resident to live and work in the U.S. in a nonimmigrant category. The dependents may remain in the U.S. while they wait until they are able to apply for Lawful Permanent Residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the U.S. as the law previously required. |
| 9. |
Where can I check the status of my V-3 visa application? | | | | | | You may check visa status by using VisaPro's
free visa status service. |
| 10. | Can I appeal the denial of V-3 visa? | | | |
| | There is no appeal from a decision on Form I-539 Application to Extend or Change Nonimmigrant Status denying V status. |
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| 11. | What happens when a child on V-2 or V-3 visa turns 21 or gets married? | | | |
| | The V-2 or V-3 status is valid only up to the 21st birthday. If when initially admitted from abroad, or granted the change of status in the U.S., the child is at least 19 years old, the status will be given only until the 21st birthday, rather than for the standard two-year period.
If the child turns 21, then the immigrant petition converts to the 2B category. While the Form I-130, Petition for Alien Relative remains valid, the V status terminates and the child will either have to leave the U.S. or change to some other nonimmigrant status for which the child may qualify, depending upon the circumstances.
If the V-2 or V-3 child marries, then both the immigrant
petition and the V status terminate as Lawful Permanent Residents cannot petition for their married children. |
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