Visa for Spouse and Children of Permanent Resident

There are two types of U.S. visas that most people fall under. These include immigrant and nonimmigrant visas which are issued for various reasons. Immigrant visas are issued to foreign nationals who plan and intend to live permanently in the United States. Nonimmigrant visas are for foreign nationals wanting to enter the United States temporarily for tourism, medical treatment, business, temporary work, study, or other reasons.

An immigrant visa is granted to a foreign national who intends to live and work permanently in the United States. In the majority of cases, a relative or employer sponsors the individual by applying with the U.S. Citizenship and Immigration Services (USCIS). However, there are ways for others with special abilities to petition on their behalf. It takes several months after the petition is filed to process the application. Once the application is processed, the visa can be converted into an application for a lawful permanent resident.

Remember that you need to present the proper paperwork to re-enter America. The USCIS has more information in terms of the eligibility requirements and the process of applying for this visa. In most cases, one of the primary restrictions in immigration cases is due to travel. Once you become a lawful permanent resident or a green card holder, you can travel more freely.

The nonimmigrant visas are issued to foreign nationals seeking to enter the United States temporarily. The reasons for entry can include education, tourism, business, or medical treatment. The type of nonimmigrant visa needed is defined by immigration law and corresponds to the purpose of the trip. Generally, an individual can directly apply for a tourist (B-2) or business nonimmigrant (B-1) visa. Along with these visa applications, the person needs to submit certain documents for verdicts before applying for a nonimmigrant visa.

Even if you were issued a visa, it does not guarantee entry to the United States. A visa indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that the officer has determined that the individual is eligible to enter the country for a specific purpose. However, further examination and inspections will be held by the CBP Officer at the port of entry to determine if the person qualifies to enter under U.S. immigration law.

What Is the V Visa?

The Legal Immigration Family Equity Act (LIFE Act) created a nonimmigrant visa category, the V visa, with specific provisions for certain spouses and children of U.S. lawful permanent residents (LPRs). The purpose of the LIFE Act was to bring families together who had been or could be separated for long periods during the process of immigrating to the United States. The V visas formed a way for these family members to be in the United States with their LPR spouses and parents while waiting to complete the immigration process.

The reality of the immigration process is that it changes, and new laws can delay some aspects. Countries’ relationships can play a role in the development of the immigration process and who will be granted a visa.

How Do You Qualify for a V Visa?

To qualify for a V visa, a spouse or child under age 21 of a U.S. lawful permanent resident (LPR) must meet the following conditions:

• The U.S. LPR spouse and/or parent must have filed Form I-130 on or before December 21, 2000;
• The petition’s priority date needs to be at least three years old and cannot be current;
• The applicant must not have already had an immigrant visa interview or be scheduled for an interview;
• The petition cannot already be present in the U.S. Embassy or Consulate for immigrant visa processing; and
• The applicant must be eligible as an immigrant.

Additionally, as a Green Card holder or LPR, you are permitted to petition for certain family members to immigrate to the United States as permanent residents. The following family members meet the threshold:

• Spouse;
• Unmarried children under 21;
• Unmarried son or daughter of any age.

After you petition for your relative, there are preferences assigned to each relationship. The first preference is for unmarried children. It includes adult children who are not married over the age of 21. The second preference is placed on the spouses of the green card holders. The third preference is for the married children of U.S citizens and the fourth preference is reserved for the siblings of adult U.S. citizens. A visa becomes available to a preference category according to the priority date.

As mentioned earlier, the U.S. government may issue an immigrant visa to the foreign national spouse of a U.S. citizen or lawful permanent resident. There are several terms used throughout the process, such as IR1, CR1, and F2A to describe the visa types. The USCIS has a category of visas that a person can apply for based on their case. Certain qualifications need to be met for the applicant to go through. This is based on the type of qualifying relationship, the duration of the marriage, and sometimes the type of admission.

Some of the more common terms include:

• IR1: Lawful permanent residence issued to the foreign national spouse of a U.S. citizen;
• F2A: Lawful permanent residence issued to the foreign national spouse of a permanent resident;
• CR1: Conditional permanent residence issued to the foreign national spouse of a U.S. citizen.

Spouses that are admitted under the IR1 or F2A visas receive a permanent resident card or green card. The green card is technically valid for 10 years and needs to be renewed at that point. For couples who have been married for less than two years at the time the immigrant visa is issued, the government will issue a CR1 visa. The CR1 comes with certain conditions. It is valid for two years. Within 90 days before the card expires, conditional residents must “remove the conditions on residence” to maintain the status of residing in the U.S.

What Are the Advantages of Being a Lawful Permanent Resident?

There are many advantages to becoming a lawful permanent resident or a green card holder. First and foremost, you now have a pathway to obtain U.S. citizenship. As a green card holder, you cannot get deported from the country. However, if you violate the law or commit a crime, you can lose this right. As a permanent resident, you have full protection of the U.S. laws and you possess the ability to sponsor any family members.

Travel internationally has become easier and more accessible. Moreover, you can reside and be employed in the U.S. for longer periods. You can also gain access to some federal benefits and engage in politics.

When Do I Need to Contact an Immigration Lawyer?

There are visas available for the families of green card holders. However, not all family members receive priority, and some require additional documentation.

If you are having issues with this process, please contact an immigration attorney to guide you through it. It can be difficult and time-consuming to complete the accurate forms. It is crucial to understand the difference between the visas and apply for the right one. LegalMatch can help you find the right immigration lawyer for your needs