The V Visa is available to the spouse and minor children (unmarried and under 21) of legal permanent residents whose petitions (Form I-130) were filed prior to December 20, 2000 and who have been on the waiting list for three or more years. Currently, the waiting list in this category (Family Preference 2A) worldwide is over six years and numbers are unavailable entirely for natives of Mexico. To view the latest waiting list dates, click on quota bulletin on our home page. The purpose of the V Visa category is to permit family reunification while cases are pending.

Persons who qualify for the V visa are permitted to enter the U.S. and receive work authorization. Applicants residing outside the U.S. apply for the visa at the nearest American Consulate abroad. People inside the U.S., even those here unlawfully, can request V status from USCIS and do not have to leave the country. The fact that a person is undocumented does not prevent him or her from receiving a V visa or status.

Caveat: The law may impose a 3- or 10-year bar on a qualifying relative if s/he departs the U.S. to apply for the V visa at Consulate abroad. Before departing the U.S., careful analysis of the facts and circumstances of a person's situation by a qualified immigration lawyer is highly advisable.

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