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V-3 Visa - Frequently Asked Questions

12.

How does the immigration law help foreign nationals who are under immigration court proceedings or who have been ordered to leave the U.S.?

A person who is in proceedings and appears to qualify for V status can request the Immigration Judge to administratively close the proceedings, and be given the permission to apply for V status. On applying, if the USCIS finds that the person does not qualify for V status, then the proceedings may be recommenced.

If the foreign national already has a final order of removal, deportation or exclusion, the person must follow the usual rules with regard to whether the proceedings can be reopened. The regulations include deadlines for motions to reopen, and there is no special provision for a person applying for V status. One exception to the motion deadline is if the USCIS agrees to join the motion.

13.

Can I adjust status while on V-3 visa?

Yes, you may apply for Adjustment of Status to Lawful Permanent Residence while on V-3 visa if you meet the requirements of INA section 245(a).

Another option for V nonimmigrants who do not meet the requirements of INA section 245(a) is to adjust under the temporarily restored section 245(i). Section 245(i) allows many immigrants with priority dates earlier than April 30, 2001 to adjust in the U.S.

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14.

When will my V status get terminated?

According to the provisions of the LIFE Act, your V status will automatically terminate within 30 days following the denial of the underlying petition for Lawful Permanent residence, application for immigrant visa or Adjustment of Status.

15.

Does the three or ten year bar for unlawful presence in the U.S. apply to foreign nationals seeking V status?

The law exempts foreign nationals seeking to enter into the U.S. on V visa, from the three or 10 year bar for purposes of admission to the U.S. However, the bar is taken into consideration, when V nonimmigrants later apply for an immigrant visa or for adjustment to Lawful Permanent Resident status. Hence, although you will be admitted or readmitted into the U.S. on V status, you may not be able to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the INA.

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