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?
The V-2 visa has a strict filing cutoff. To qualify, the green card holder must have filed Form I-130 for the child on or before December 21, 2000. This visa was created for families stuck in long green card waits back then. Those waits have mostly cleared. Because of this, almost no new applicant can qualify for a V-2 visa today.
If you think this visa might apply to you, talk to a lawyer. They can check your eligibility or point you to a visa that fits your situation now.
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 U.S. citizen, the V-2 status ends after the current stay period runs out. This is often good news. The child usually becomes an “immediate relative” of a U.S. citizen. That means the child can apply right away for a green card, as long as they are still under 21 and unmarried. 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 lets the holder stay in the United States for up to 2 years at a time. The holder can apply to extend their stay in 2-year periods. But a V-2 visa has an age limit. It cannot be extended past the day before the child turns 21. Once the child turns 21, V-2 status ends.
A V-2 visa holder may work legally in the United States. A V-2 holder can move freely within the United States. Travel abroad is allowed too. However, there is one catch. If you got your V-2 status while inside the U.S., your approval notice (Form I-797) is not a travel document. You would need to get a V visa from a U.S. consulate before you return.
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, you should talk to an experienced immigration lawyer about any V-2 visa questions. The rules here are easy to get wrong. A lawyer can look at your family’s situation and explain your real options. If a V-2 visa is not open to you, they can help you find a visa that is.
Most families today will not qualify for a V-2 visa because of the 2000 filing cutoff. A lawyer can help you look at other visas instead. Some visas let family members visit or live in the U.S. while a green card case moves forward. The right choice depends on your family’s facts.
