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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 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 are eligible for the
new "V" visa, I urge you to take advantage of this rare
opportunity to apply for the visa so you can immediately go to
the US, be able to work, and be united with your loved ones in
the US.
- What is the "V" visa?
The "V" visa is a new type of non-immigrant
visa, created under the LIFE Act. It is intended to permit long-separated
families to reunite 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.
Who qualifies for the "V" visa?
Only the following family members qualify for the "V"
visa":
a. Spouse of immigrant (green card holder)
b. Unmarried child under 21 of immigrant
If you are in the above family preference category
(F-2A), you could be eligible to apply for the "V" visa
if you meet the following additional requirements:
a. You were petitioned on or before December 21, 2000 (the
date the LIFE Act took effect).
b. You have been under petition for at least 3 years. In
other words, your petitioner must have filed your F-2A petition
at least three years before you apply for the "V" visa.
c. The priority date on your F-2A petition must not be "current".
If your priority date is current (or visa is available),
then you would be processed under normal or regular immigrant
visa processing.
1. What are the advantages or benefits of applying
for a "V" visa?
A "V" visa would enable a qualified and eligible
beneficiary of an F-2A petition to go to the US immediately.
Right now, the wait for an immigrant visa for spouses and minor
children of green card holders is about 5 years. If you have been
under petition for at least 3 years, you could get the "V"
visa right away, so that you could enter the US and wait in the
US (with your loved ones) for your priority date to become current.
You could then file for adjustment of status (be interviewed for
your green card) in the US when your priority date eventually
becomes "current". In addition, while you are waiting
in the US, you could apply for and be issued work authorization,
enabling you to work in the US while waiting for your priority
date to become current. Wouldn't you like to get to the US right
now and work, instead of waiting several additional years for
the priority date to be current on your F-2A petition? The "V"
visa can let you do that!
2. How do I 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:
a. Fill out the OF-156 non-immigrant visa application
form. It is available by mail when you call to schedule
an appointment or at 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 your OF-156 when
you pay the $45 fee.
Request your application packet. Call
the Embassy's Immigrant Visa Information Center at 1-909-101-0011.
The operator will take down some information from you, and then
have a courier deliver the forms to you. 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 your passport when the application process is completed.
Complete the application packet 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 you
are the spouse of an immigrant
- NBI clearance. Note: If you had
lived outside the Philippines, additional police clearances
may be required.
- Evidence of support, that you
will not become a "public charge". The Embassy is
NOT requiring an affidavit of support (I-864) as proof you
will not become a public charge. Your 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 enough.
- 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 your papers.
Wait for the Embassy to process your application.
If the Embassy is satisfied that you meet the requirements for
the "V", it will issue the visa, and have your passport,
with the visa, delivered to your door. If there are questions,
the Embassy will ask you to come for an in person interview.
While the "V" visa is not a green card,
and you would still have to eventually file for adjustment of
status in the US when your priority date is current, the "V"
visa still provides qualified applicants the opportunity to go
to the US years ahead of schedule, 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 visa, while there are still plenty to be issued!!!
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