V-1 Spouses of Green Card Holders

The V1 visa is a nonimmigrant visa which allows foreign national spouses of U.S. Legal Permanent Residents to enter into the U.S. and await the availability of an immigrant visa.

Note: The unavailability of an immigrant visa or Adjustment of Status may be due to lengthy processing delays or the absence of available visa numbers due to annual visa limitations.

To qualify for V-1 visa, you must be:

• The spouse of a Legal Permanent Resident
• The beneficiary of Form I-130, Petition for Alien Relative, filed on or before December 21, 2000
• Waiting since the last three years at least for an immigrant visa, whether due to processing delays or unavailability of a visa number and
• Otherwise eligible to immigrate to the U.S.

You may stay in the U.S. on V-1 visa for an initial period of two years. You may apply for further extension of stay of two years if a visa number is not yet available. The total number of years you may stay on V-1 visa is 10 years.

You may work on V-1 visa after obtaining a valid Employment Authorization Document. You must use Form I-765, Application for Employment Authorization, to apply for a work permit.

Jacobson & Han LLP
www.GreenCard4You.com
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