The new V1 and V2 nonimmigrant visas allow certain spouses of lawful permanent residents and the children (an unmarried son or daughter under the age of 21) of those spouses to travel to and from the US and to reside in the US while they wait for the final completion of their immigration process. It does not matter whether that process will be completed by adjusting status in the US or in securing an immigrant visa overseas. The spouse and unmarried children of lawful permanent residents who qualify for the V1 and V2 visas will be able to visit and reside with their lawful permanent resident family member. Holders of V1 and V2 visas may apply for employment authorization documents to work in the US.
The spouse of a lawful permanent resident of the United States (a “green card” holder) may apply for a V1 nonimmigrant visa overseas, if the following conditions are met:
(1) The lawful permanent resident filed an immigrant visa petition for his or her spouse on or before December 21, 2000.
(2) The spouse has waited three years since the filing of the petition and has not been scheduled for an immigrant visa interview.
For the child of a V1 applicant to qualify for a V2 visa, it must be established that:
(1) he/she is the child of a principal applicant who qualifies for V1 issuance
or
(2) he/she is the child of an lawful permanent resident who filed an I-130 petition in his or her name, and the priority date and the three-year waiting period since the filing of the petition both meet the requirements of V eligibility.