The V visa is a nonimmigrant category created by the Legal Immigration Family Equity Act of 2000 (the LIFE Act). The provision is still in the law, but most people no longer qualify. The hard cutoff is this: an F2A family petition filed by a green card holder for a spouse or child must have been filed on or before December 21, 2000. A petition filed after that date cannot support a V visa application, no matter how long you have waited. The information below is current as of November 6, 2026.
Who the V Visa Was Created For
At the time, the F2A wait was very long, and spouses and children were separated for years. The LIFE Act added the V category so that they would not have to wait for a green card and could reunite and work in the United States in the meantime.
| Category | Who It Covers |
|---|---|
| V-1 | Spouses of green card holders |
| V-2 | Children of green card holders |
| V-3 | Derivative children of a V-1 or V-2 |
What You Must Meet Now
The requirements of the statute and regulations are roughly as follows:
- You are the beneficiary of an F2A family petition that was filed on or before December 21, 2000.
- At least 3 years have passed since it was filed.
- The petition is still pending; or it has been approved, but no immigrant visa number is immediately available, or your own immigrant visa or adjustment of status application is still pending.
If you are in the United States, apply on Form I-539 and submit the medical examination form and evidence of eligibility. If you are outside the United States, apply to a consular officer. The applicant must be admissible; the regulations waive some grounds of inadmissibility, and others still apply. A person who accrued more than 180 days of unlawful presence may still face a reentry bar after leaving the United States and then pursuing an immigrant visa or adjustment of status.
Why Most People Cannot Use It
The date is too early. The cutoff date is nearly 26 years ago, and very few cases from that time remain unresolved.
The visa backlog has changed. In the November 2026 Visa Bulletin, the F2A Final Action Date is October 22, 2026 (April 22, 2026 for Mexico), and the Dates for Filing chart shows "C," meaning no wait. The dates are as stated in the U.S. Department of State's bulletin itself. A petition filed in 2000 now has a visa number available, so the requirement of "no immediately available visa number" generally no longer applies. This is a judgment based on the bulletin dates, and individual cases must be checked.
The situations that remain are narrow. These are mainly cases in which the petition was never approved, or your own immigrant visa or adjustment of status application was never concluded. Such cases often have special history behind them, which must be investigated first.
The child has aged out. The authorized stay for V-2 and V-3 ends the day before the 21st birthday. A child for whom a petition was filed in 2000 or earlier is long since an adult, so V-2 essentially no longer applies.
Rules for Holding V Status
- A spouse may be authorized to stay for up to 2 years at a time; a child may also be authorized for up to 2 years, but not beyond the day before the 21st birthday.
- Extensions are filed on Form I-539, and the regulations provide that the filing should be made 120 days before expiration or earlier. V status is not a green card; it is only a nonimmigrant status during the waiting period.
- You may apply for a work permit on Form I-765, valid for the same period as the authorized stay.
- The Form I-539 fee is $470 on paper and $420 online; the Form I-765 fee is separate.
In the following situations, V status ends automatically after 30 days: the I-130 is denied, withdrawn or revoked; the immigrant visa or adjustment of status application is denied or withdrawn; a V-1's divorce from the green card holder becomes final; or a V-2 or V-3 marries. If an appeal is filed after an I-130 denial, the period runs from the dismissal of the appeal. After the green card holder naturalizes, V status ends at the end of the current period of stay, and the spouse and children are processed as immediate relatives of a citizen.
What to Do If You Do Not Qualify for a V Visa
Do not plan around this category just because you heard it exists; old information online may not have been updated. Look at your actual situation:
- Your spouse is a green card holder: file the I-130 now, look at the F2A date and your own status, and then decide between adjustment of status and consular processing.
- Your spouse is or will soon be a U.S. citizen: see Marriage Green Card available procedures.
- You have an overstay or an immigration court record: find out what the record shows before filing anything; see New York Immigration Guide.
If You Really Have a 2000 I-130
Check the following before deciding on next steps:
- Whether the filing date on the receipt notice is on or before December 21, 2000.
- Whether the category is F2A. F2B, citizen relatives and other categories do not apply.
- The current status of the petition: pending, approved, denied or withdrawn.
- Whether the marital status of the spouses or the green card holder's status has changed.
- Whether you have a pending adjustment of status or immigrant visa application.
- Your entry history and whether there is any removal order.
If you cannot find the receipt, first find out who filed the petition at the time and whether it was withdrawn.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street, Suite 5-D5) and has an office in West New York, New Jersey (14 65th St). Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Immigration is a federal matter; representation in out-of-state cases is arranged under the applicable practice rules and the scope of the engagement, and representation in immigration court cases depends on whether the attorney has completed the required registration. To find out whether the V visa applies to you, bring your I-130 receipt and approval notice and call 347-618-3386. Our services are described in Immigration Legal Services.
FAQ
I am filing an I-130 for my spouse now. Can I apply for a V visa?
No. The V visa requires that the family petition was filed on or before December 21, 2000. Petitions filed after that date do not qualify.
My spouse is a U.S. citizen. Can we use the V visa?
The V category is for the spouses and children of green card holders. It is not a path for the spouses of U.S. citizens. For a citizen's spouse, look at the marriage green card process.
Can I work in V status?
An eligible V status holder may apply for a work permit on Form I-765, valid for the same period as the authorized stay.
Sources: govinfo.gov, law.cornell.edu, ecfr.gov, ecfr.gov, uscis.gov, uscis.gov, travel.state.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.