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U.S. EMBASSY SAYS PLENTY OF "V" VISAS AVAILABLE FOR
QUALIFIED APPLICANTS
by Michael J. Gurfinkel, Esq.
The U.S. Embassy has announced that there are literally
thousands of people in the Philippines who are eligible for the
new "V" visa, and the Embassy is now standing by, ready
and prepared to issue these visas to all qualified applicants.
If you have relatives or friends in the Philippines who are eligible
for the new "V" visa, urge them to apply for the visa
as soon as possible.
1. What is the "V" visa?
The "V" visa is a new type of non-immigrant visa,
created under the LIFE Act. It would permit long-separated families
to reunite and work in the US while waiting for the priority date
on their F-2A petition (spouse or minor child of green card holder)
to become current.
2. Who qualifies for the "V"
visa?
Only the following qualify for the "V" visa":
- Spouse of immigrant (green card holder)
- Unmarried child under 21 of immigrant
If your family member or friend is in the above
family preference category (F-2A), they could be eligible to apply
for the "V" visa if they meet the following additional
requirements:
- They were petitioned on or before December
21, 2000 (the date the LIFE Act took effect).
- They have been under petition for at least
3 years. In other words, the petitioner must have filed
the F-2A petition at least three years before they can apply
for the "V" visa.
- The priority date on the F-2A petition must
not be "current". If the priority date is
current (or visa is available), then they would be processed
under normal or regular immigrant visa processing.
3. What are the advantages or benefits of
applying for a "V" visa?
Right now, the wait for an immigrant visa for spouses and minor
children of green card holders is about 5 years. If your spouse
or minor child have been under petition for at least 3 years, they
could get the "V" visa right away, so that they could
enter the US and be issued work authorization while waiting for
their priority date to become current. When the priority date eventually
becomes "current" they can file for adjustment of status
in the US. Wouldn't you like to get your family in the US right
now and have them be able to work, instead of waiting several additional
years in the Philippines for the priority date to be current on
your F-2A petition? The "V" visa can let you do that!
4. How does a person apply for a "V"
visa?
The Embassy has tried to make the processing of the "V"
visa as quick and simple as possible. It is almost like applying
for a visitor's visa:
-
The person fills out the OF-156 non-immigrant
visa application form. It is available by mail when they
call to schedule an appointment, or at THE bank of Philippine
Islands (BPI), or can be downloaded from the Embassy's website
-
Pay the $45 application fee at selected BPI
or Citibank branches. The Bank will validate the OF-156
when the $45 fee is paid.
- Request the application packet.
Your family in the Philippines should call the Embassy's Immigrant
Visa Information Center at 1-909-101-0011. The operator will
take down some information from them, and then have a courier
deliver the forms to them. There is a 25 peso per minute charge
for the call, but the operators do talk fast and get to the
point. There is also a 200-peso charge for the courier, which
includes delivery of the forms, and later on, the delivery of
the passport (with the "V" visa inside) when the application
process is completed.
- Complete the application packet
Your relative would fill out the "Nonimmigrant V Visa Application"
(Form DS-3052) and gather the following documents:
- Current passport, valid for at
least six months.
- OF-156 Non Immigrant visa application.
- NSO birth certificates for all applicants.
- NSO Marriage contract, if the applicant
is under petition as the spouse of an immigrant.
- NBI clearance. Note: If your family member
had lived outside the Philippines, additional police clearances
may be required.
- Evidence of support, that your family
member will not become a "public charge". The Embassy
is NOT requiring an affidavit of support (I-864) from the petitioner
as proof your family member will not become a public charge.
The petitioner's tax returns, pay stubs, W-2's, or letter from
the petitioner's employer stating the salary or wage they are
earning, are usually sufficient.
- 2 photographs, per Embassy specifications.
- Copy of the Approval notice of your F-2A
petition (I-797), if you have it available.
- Go to St. Lukes with all the documents.
The Clinic will check the documents listed above, and perform
a medical exam for a fee of $85 (for applicants over 15 years
of age) or $52 (for applicants 15 years and younger). Do
not send the documents directly to the Embassy. It is St.
Lukes that prescreens the papers.
- Wait for the Embassy to process the
application. If the Embassy is satisfied that your family
member meets the requirements for the "V" visa, it
will issue the visa, and have their passport, with the visa,
delivered to their door. If there are additional questions or
requirements to be met, the Embassy will ask your family to
come for an interview.
While the "V" visa is not a green card,
and your family would still have to eventually file for adjustment
of status in the US when their priority date is current, the "V"
visa still provides qualified applicants the opportunity to enter
the US years ahead of their priority date, to be with their loved
ones, and work legally. NOTE: INS in the US has still not come
out with regulations or procedures for issuance of V visas for
qualified applicants in the US. Those regulations are expected
to come out soon. To its credit, the State Department and the
Embassy are already issuing these visas.
The Embassy is to be commended for implementing
a simple and streamlined process for obtaining this visa. Take
advantage of this opportunity, and consult a reputable attorney
for proper advice and guidance.
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