A non-immigrant visa is a temporary visa issued to foreign nationals seeking to visit the United States for a limited time. Any applicant for nonimmigrant status must demonstrate that they do not intend to remain or live permanently in the United States. Additionally, certain factors may exclude a temporary visa applicant from receiving a nonimmigrant visa, such as a criminal felony record.
The number of nonimmigrant visas that are issued every year is subject to change. The availability of non-immigrant visas may sometimes depend on the applicant’s country of origin. The number of visas permitted for certain countries may depend more or less on the number of visas issued from that country the previous year.
What are the Main Categories of Nonimmigrant Visas?
Two main non-immigrant visa categories cover non-immigrant workers and non-immigrant exchange students. These two categories include the largest number of non-immigrant visas that are issued each year.
Generally, a non-immigrant worker or exchange student must be petitioned by a sponsor who will assist them in obtaining a temporary visa. For a worker, this is typically their employer, and for students, this is typically the educational institution acting as their sponsor.
It is important to note that the eligibility requirements and application forms for these visa categories may differ depending on the applicant’s purpose and the nature of their visit. An immigration attorney can explain the requirements and forms required for each type of visa.
What is a V-2 Visa?
A V-2 visa is a non-immigrant visa that allows unmarried minor children younger than 21 years of age of a green card holder to enter the United States to reside with their parents while they await a change in their immigration status. A V-2 visa can be related to the parent’s V-1 visa as well.
What is a V-1 Visa?
The V-1 visa is a non-immigrant visa that permits the spouse of a legal permanent resident of the United States to enter the country so they can live in the U.S. while they are applying for an immigration visa. The purpose of the V-1 visa is to permit families to remain together while they wait for their immigration applications to process and be approved.
An individual with a V-1 visa may work in the United States while they wait for their immigrant status to formalize. A V-1 visa has no travel restrictions. So long as the visa remains valid, the V-1 visa holder may leave and re-enter the United States as they wish.
How Can I Qualify for a V-2 Visa?
For an individual to qualify for a V-2 visa, they must be the child of a green card holder. They must be younger than 21 years of age and unmarried.
The green card holder must file a Form I-130, called Petition for Alien Relative. The applicant must have waited for at least three years since Form I-130 was filed.
If the green card holder becomes a United States citizen, then the V-2 visa applicant will no longer qualify for the V-2 visa. In addition, the V-2 visa applicant will no longer qualify for the visa if the green card holder withdraws the petition.
However, if the V-2 visa applicant is in an abusive situation, they may self-petition to become a preference immigrant. This applies even if the green card holder has withdrawn the petition.
What Can I Do on a V-2 Visa?
A V-2 visa permits the visa holder to remain in the United States for 2 years. The visa holder may extend their visa for 2-year periods. The maximum number of years they may remain in the United States is 10 years.
A V-2 visa holder may work legally in the United States. There are no travel restrictions. So long as the visa remains valid, the visa holder may move freely within the United States and can leave and re-enter the country as they wish.
It is important to note that the visa expiration date does not indicate how long the individual may remain in the United States. It indicates when they have the right to enter the U.S. using that visa.
How long an individual may remain in the United States on their visa is shown on Form I-94. It is also important to note that if a visa is a multiple-entry visa, the individual may use it to enter the United States more than once. If it is not multiple-entry, it may only be used once to enter the U.S.
What is a Multiple Entry Visa?
A multiple-entry visa is a type of temporary visa that permits the visa holder to enter the United States multiple times in a specific time frame. For example, the holder of a multiple entry visa may enter the United States, return to their home country, and then return to the U.S. more than once.
A multiple-entry visa is typically valid for a specific period, known as the validity period. This period may range anywhere from 6 to 12 months and typically has a maximum of 24 months. During this validity period, the visa holder may enter and re-enter the U.S., subject to various restrictions on travel.
What are the Differences Between a Multiple Entry Visa, a Re-Entry Visa, and a Single Entry Visa?
There are several differences between multiple-entry visas, re-entry permits, and single-entry visas. As previously noted, a multiple entry visa permits the visa holder to leave and re-enter the United States multiple times.
A re-entry visa, or a re-entry permit, is usually only valid for one instance of re-entry after the individual has been outside of the United States for a short time. This is in contrast to a multiple entry visa, which allows the visa holder several instances of re-entry and often allows the visa holder to remain outside the U.S. for longer periods of time.
A single entry visa is usually issued to a traveler who plans to make one trip to a particular destination in the United States. This is in contrast to an applicant for a multiple entry visa, who usually plans to visit the U.S. multiple times over a specific period of time.
Do I Need a Lawyer for a V-2 Visa?
Yes, it is essential to have the assistance of an experienced immigration lawyer for any V-2 visa issues you may have. If you or a loved one needs assistance with your visa application, your lawyer can help you every step of the way, explaining the process and helping you obtain the visa.
As noted above, the V-2 visa requires you, your minor child or children to wait for 3 years. During that time, your lawyer can help you obtain other visas that will permit you to temporarily travel to the United States in order to visit family members while you are waiting for the approval of the V-2 visa.
If your visa application is denied, a lawyer in your area will be able to explain what other visa options are available to you. Your lawyer will also be able to help you with the application that is appropriate for you, and can provide updates if there are any changes to the law.
