A V visa is a category of visa which is reserved for nonimmigrants. This category of visa was created by the Legal Immigration Family Equity Act (LIFE Act), which was passed in 2000.
A V visa is intended to reunite families that either could be or were separated for long stretches of time during the immigration process. The LIFE Act specifically contained certain provisions which applied to the spouses and children of lawful permanent residents of the United States in order to prevent these separations from occurring.
V visas allow spouses or children of individuals who are considered to be lawful permanent residents of the States to live and work in the country on a temporary basis. This will be permitted until the individual with the V visa is permitted to apply for lawful permanent resident status or some other form of visa.
Lawful permanent residents are also commonly referred to as green card holders and have the right to live and work in the United States permanently. Green card holders have additional rights as well, including the right to apply for educational financial aid as well as the right to start a business of their own.
The V visa allows the spouses or children of those individuals who already have this status to live with them instead of being required to live outside of the country until they are eligible.
What is a Spouse Visa?
A spouse visa is a visa which allows the spouse of a United States citizen to come to the United States. A spouse visa is considered to be a type of V visa, or nonimmigrant visa.
If an individual is a United States citizen, there are two options which are available to bring a foreign spouse to the United States, including:
- Immigrant Visa For The Spouse Of a U.S. Citizen (IR1 or CR1): This visa requires the petitioner to submit an immigrant Petition for Alien Relative, which is Form I-130; or
- Nonimmigrant Visa For Spouse (K-3): A nonimmigrant visa for spouse, or K-3, must be filed in the country in which the individuals were married;
- Once the visa process is complete and the spouse has been issued their visa, they can come to the United States in order to await processing of their immigrant visa case. For this visa, the spouse, along with their United States citizen sponsor, is required to submit two petitions:
- Petition for Alien Relative, Form I-130, and
- Petition for Alien Fiancé(e), Form I-129F.
How to Travel as an Immigrant Spouse?
Immigrant spouses who desire to travel outside of the United States and come back may do so by applying for Form I-131, also known as the Application for Travel Document. In order to ensure that an individual’s Form I-131 is accepted for processing, it is important to:
- Fill out the form completely and accurately;
- Sign the form; and
- Pay the correct filing fee.
The U.S. Citizenship and Immigration Services (USCIS) issues four types of travel documents, including:
What is Advance Parole?
An advance parole document would allow an individual to travel back to the United States without applying for a visa. This document, however, does not replace a passport.
Transportation companies, including airlines, are permitted to consider advance parole documents rather than visas as proof that an individual is authorized to travel to the United States. In addition, advance parole documents to not guarantee reentry into the United States.
A U.S. Customs and Border Protection (CBP) officer will make the final decision regarding whether to allow the individual to reenter the country. Advance parole is generally used when an individual has a pending Form I-485 or Form I-589.
Form I-485 is the form to apply to register for permanent residence. If an individual leaves the country while this form is pending without obtaining advance parole first, the USCIS will deny the case unless the individual falls into a narrow exception.
Form I-589 is an application for asylum and for withholding of removal. An individual must apply for and advance parole if they are an asylum applicant who intends to travel outside of the United States and come back.
The USCIS will assume that the individual has abandoned their asylum application if they leave the United States without first obtaining advance parole.
What is a Refugee Travel Document?
A refugee travel document is provided to individuals with refugee or asylum status and to lawful permanent residents who received their green cards due to their refugee or asylum status. An individual is required to have the document to return to the United States if they have refugee or asylee status but are not a lawful permanent resident or if they are a derivative asylee or refugee.
If an individual does not obtain this document prior to leaving the United States, they may not be able to reenter the country or they may face removal proceedings before an immigration judge.
What is a Reentry Permit?
If an individual is a permanent or conditional resident and they will be outside of the United States for 1 year or more, they should apply for a reentry permit. A valid reentry permit will allow the individual to apply for admission to the U.S. without having to get a returning resident visa from a United States Embassy or Consulate.
What is Carrier Documentation?
Carrier documentation permits an airline or any other type of transportation carrier to board a permanent resident who has been outside of the United States temporarily and whose Green Card or reentry permit has been:
- Lost;
- Stolen; or
- Destroyed.
An individual may need to file a Form I-131A if they are a permanent resident in this situation.
What is Emergency Travel?
- The USCIS may expedite an application for travel document, or Form 1-131, in some situations, which may include:
- Major financial loss to an individual or a company;
- Humanitarian reasons;
- Emergency situations;
- A national interest or a Department of Defense situation; or
- Compelling interest of USCIS.
If an individual is facing a very urgent situation, they may visit their local office and request an emergency advance parole document. An individual should bring these items with them when requesting emergency advance parole:
- A completed and signed Form I-131;
- The correct I-131 filing fee;
- Evidence such as medical documentation or death certificate which supports the emergency request; and
- Two passport-style photos.
It is important to note that, as a general rule, any individual who is not a United States citizen or any individuals who are non-citizen United States nationals are subject to immigration review every time that they seek admission to the U.S. from any place outside of the United States.
Even if an individual is already a permanent resident, they are still subject to review by immigration officials. If an individual is determined to be inadmissible during this review, they may be denied admission even though they may have previously been admissible.
Should I Contact a Lawyer?
If you have any issues, questions, or concerns regarding traveling outside of the country based on your particular immigration situation, it may be helpful to consult with an immigration attorney before proceeding.
Your attorney can assist you with any immigration forms and applications to ensure they are completed correctly and help ensure that you will be granted reentry into the United States if you travel.
