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Immigrant Visa FAQs

Consular FAQS

Immigrant Visa Process and Interview

Kii Visa – Spouses of U.S. citizens and their children

Lawful Permanent Residents

Miscellaneous

V Visas

Immigrant Visa Processing and Interview

    Can I transmit citizenship to my spouse?

    No, a United States citizen cannot transmit citizenship to a souse. If your spouse wishes to relocate with you to the United States, he/she will require an immigrant visa. A Lawful Permanent Resident who is married to a U.S. citizen may apply to become a naturalized U.S. citizen after three years residence in the United States. Questions concerning this process should be addressed to the United States Citizenship and Immigration Services (USCIS) in the United States.(Link)

    Which is quicker to process, an immigrant or a fiancé(e) visa?

    The time it takes to process a visa application various with each individual case. However, in general, a fiancé(e) visa application may be slightly quicker than an application for an immigrant visa, as immigrant visa petitions are taking longer to be processed and approved by the USCIS in the United States. If the time factor is of importance, you should contact the USCIS where you will file the petition to ascertain processing times before deciding on applying for a fiancé(e) or immigrant visa.

    My partner/ common-law spouse is a U.S. citizen. Can he/she sponsor me for immigration?

    U.S. immigration law does not recognize common-law marriages. A U.S. citizen cannot file an immigrant visa petition for a partner in the immediate relative category as the spouse of U.S. citizen, or a fiancé (e) visa petition. You will be required to apply for an immigrant visa either in one of the employment based preference categories or through the Diversity Visa Program, commonly known as the lottery.

    My fiancé(e) and I will not marry within 90 days of our arrival. Can he/she still apply for a fiancé(e) visa?

    No. If the marriage will not take place within 90 days of the fiancé(e) visa applicant's arrival in the United States, it will not be possible to process an application for a fiancé(e) visa. An immigrant visa will be required. Visa free travel under the Visa Waiver Program or a nonimmigrant visitor or work visa is not appropriate.

    Can we apply for the fiancé(e) visa while my fiancé(e) is in the United States?

    No. An applicant for a fiancé(e) visa must apply for the fiancé(e) at a U.S. Embassy or Consulate outside the U.S. as he or she is required to enter the United States on the visa.

    If I cannot sponsor my fiancé(e) how can he/reside with me in the United States?

    Your fiancé(e) will be required to qualify for a visa either in one of the employment based preference categories, or through the Diversity Visa Program commonly known as the lottery.

    We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

    A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

    Can I enter the United States on a fiancé(e) visa, marry and then leave the United States for my honeymoon?

    On marriage, you must contact the U.S. Citizenship and Immigration Services for further information. If you leave the United States without first obtaining permission from them to re-enter the country, you will be required to apply for an immigrant visa in order to return. This could delay your return by three to six months.

    Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

    If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

    If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

    When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

    Why do you require police certificates for an immigrant visa application? I have not been in trouble with the law.

    The term police certificate means a statement which will advise the consular officer whether or not any criminal convictions are held in your name.

    Where can I find information about obtaining police certificates?

    The information is on the Department of State's website. Find the country and look under ”Police Record”. If it is your place of birth, or current residence you will require a police certificate if you have resided there for at least six months since your sixteenth birthday. The period of residence is twelve months, for any other country.

    How long is a police certificate valid for?

    With the exception of the U.K. police certificate which is considered valid for 12 months from the date of issuance, a police certificate is valid indefinitely, provided you do not return to the country and reside for six months or more, if it's your country of birth or current residence. The period is twelve months for any other country.

    I reside outside the United Kingdom; how do I obtain a U.K. police certificate?

    If you reside outside the United Kingdom you should write to the Data Processing Officer of the police authority where you last resided in the United Kingdom.

    If I obtain the police certificate, am I still required to obtain court records?

    Yes. If you have a conviction, you will be required to obtain the court record relating to all of the charges against you.

    How do I obtain my court records for the United Kingdom?

    Court records are obtained from the clerk of the court(s) in which the individual was tried. Such court records must show the nature of the offense(s) committed, the section(s) of law contravened and the actual penalty imposed. If they are not available from the court, and you were convicted in Great Britain, you may obtain the records from a division of New Scotland Yard at National Identification Service, Subject Access Office, Room 331, New Scotland Yard, Broadway, London SW1 0BG. Their phone number is 020-7230-2958. If you were convicted in Northern Ireland, you should obtain the records from the individual Police Service of Northern Ireland station. If you are not able to obtain the documents, you must furnish a letter so stating from the Clerk of the Court.

    Do I require court records for the United States?

    If you have a conviction in the United States you will be required to obtain court records relating to all of the charges against you. You should contact the court where you were convicted. If you do not know the address of the court, the information is available from the internet at: www.refdesk.com. If you are unable to obtain the court record, the Embassy will obtain them on your behalf.

    I have a conviction from a country other than the United Kingdom or the United States. How do I obtain the court record?

    Contact the Embassy of the country in question; they will advise you further

    I'm in Her Majesty's Forces/ the Diplomatic Service; I am applying for an immigrant visa, do I require a police certificate?

    The Embassy will accept a copy of your military record or discharge papers for any country were you might have served while in the HM Forces. The Embassy will accept a letter from the Foreign and Commonwealth office in lieu of police certificates for any country were you may have served for the British Government.

    Will this record cover my spouse who accompanied me?

    If you served with Her Majesty's Forces in Germany, your military record or discharge papers will cover your spouse. However, if you served in any other country, your spouse will be required to obtain a police certificate directly from the authorities of that country. For spouses of members of the Diplomatic Service, he or she will be required to obtain a police certificate directly from the authorities of that country.

    I'm in the U.S. Forces. My spouse is applying for an immigrant visa. Is she required to furnish police certificates to cover her period of residence in every country where I have served, or will you accept a letter from my commander/U.S. Forces?

    Your spouse will be required to obtain police certificates, even if she resided there as your dependent

    I have received a letter saying that my child is no longer eligible to derive status from my immigrant visa application as s/he is over the age of 21. My child was under the age of 21 when the petition was filed, so why is s/he no longer eligible to apply for a visa?

    Your son or daughter is eligible to derive status from the immigrant visa petition filed on your behalf only while s/he is under the age of 21, regardless of her/his age at the time the immigrant visa petition was filed. As he/she was able to apply for a visa before her 21st birthday, s/he is no longer entitled to derivative status and her/his application has been canceled.

    An immigrant visa petition has been filed on my behalf. I now have a child. Can s/he be added to my application?

    If your baby's mother or father is an American citizen, the baby could have claim to U.S. citizenship. If you reside in the Great Britain you should follow this link for further information. If you reside in Northern Ireland, you should write to the Consulate in Belfast. The address is Danesfort House, 223 Stranmillis Road, Belfast, BT9 5GR.

    If your baby has no claim to U.S. citizenship, it may be possible for the child to derive status from the immigrant visa petition filed on your behalf, or for your spouse to file an immigrant visa petition for him/her. You should notify the Immigrant Visa Branch in writing of the birth of your child. They will advise you further. The address you require is Visa Branch, 5 Upper Grosvenor Street, London, W1A 2JB.

    Since being issued with an immigrant visa I have had a baby. Can my baby immigrate with me?

    If your baby's mother or father is an American citizen, the baby could have claim to U.S. citizenship. If you reside in the Great Britain you should follow this link for further information. If you reside in Northern Ireland, you should write to the Consulate in Belfast. The address is Queen's House, 14 Queen Street, Belfast, BT1 6EQ.

    A child born after the issuance of an immigrant visa will not need a visa to accompany the parent provided they both travel within the period of validity of the visa. A copy of the child's long-form birth certificate showing the name of the parent must be carried for presentation to an immigration inspector at the port of entry, together with a valid travel document for the child.

    I'm filing an immigrant visa petition on behalf of my son or daughter. I understand that in order to do so I'm required to reside in the U.S.

    You are not required to reside in the U.S in order to file an immigrant visa petition. However, in addition to filing the petition, form I-130, you are required to file an I-864. In order to file an I-864 you must be either reside in the U.S. or intend to resume permanent residence in the U.S. at the time your son or daughter immigrates to the U.S.

    My child is not immigrating with me do I still have to list his or her details on the biographic data form OF-230-I?

    You are required to enter the details of every child under the age of 21, including a stepchild from a marriage that was entered into while the child was under the age of 18.

    I'm divorced and applying for an immigrant visa. Do I require permission from my ex spouse to take my child out of the country?

    If you are divorced and you are applying for a visa for your child(ren) by a previous marriage, you will be required to present on the day of your visa interview proof that you have been awarded custody of the child(ren) by the court and that permission has been given for the child(ren) to be taken out of the United Kingdom.

    How long can I expect to be at the Embassy when I come for my immigrant visa interview?

    Appointments are scheduled between 9:00 a.m. and 12:30 p.m. You should allow approximately two hours for the visa interview.

    Does my child need to attend the immigrant visa interview?

    All applicants registered for immigration as the spouse, parent, child under the age of 21 of a U.S. citizen are required to attend the Embassy in person for a formal visa interview with a U.S. consular officer. Persons under the age of fourteen who are deriving status from an immigrant, fiancé(e) or Kii petition filed on behalf of a parent or are applying for a derivative V visa and are applying for the visa at the same time as the parent need not attend the interview.

    My spouse, who is a U.S. citizen, has filed the immigrant visa petition on my behalf. Is he/she required to attend the immigrant visa interview with me?

    No. There is no requirement that the U.S. citizen attend the immigrant visa interview. There is also no requirement that your spouse remain in the United Kingdom until you are issued with your immigrant visa; he or she may travel to the United States ahead of you.

    Will I get my immigrant visa on the day of the interview?

    Visa processing takes 3-5 workdays. The visa will be returned to you by Embassy appointed courier service, Secure Mail Services. On the day of the visa interview you will be required to purchase an envelope for the return of your documents once visa processing has been completed. The fee for the courier service is £14.00; payable by debit or credit card or in cash.

    What if my immigrant visa is refused?

    If your visa is refused under the provisions of Section 221(g) of the Immigration and Nationality Act for lack of documentation, you will have twelve months from the date of refusal in which to present the missing documents and enter the United States on the immigrant visa.

    What if I do not present the documentation to overcome the immigrant visa refusal and enter the United States within the twelve months?

    You will be required to reapply for an immigrant visa paying new visa application and issuance fees, and medical examination fees.

    How long will I have to travel to the U.S. once the immigrant visa is issued?

    Immigrant and fiancé visas are normally valid for travel to the United States for six months from the date on which they are issued. Kii visa holders are issued a visa valid for travel for two years and for V visa holders the validity period is ten years. Please refer to the individual sections for further information.

    What if I cannot travel during the validity period of the immigrant visa?

    You should return the unused visa to the Immigrant Visa Branch with a letter explaining why you were unable to travel. Depending on the reasons for you not using the visa, it may be possible to re-issue you with a new visa on payment of new visa processing fees.

    I sent in my completed forms to the Immigrant Visa Unit, when will I be scheduled an appointment for my interview?

    There is currently a back-log in the Immigrant Visa Unit of forms and applications waiting to be processed. If you have submitted the completed forms in connection with the administrative processing of your application, you should allow approximately three months for your case to be processed. During this period, we regret we cannot provide information on the status of the application or confirm if the forms have been received. On completion of the administrative processing of the application, you will receive notification of the scheduled visa interview.

    The National Visa Center (NVC) informed me that my file had been sent to the Embassy in London. When can I expect to be scheduled for a visa interview?

    There is a delay of at least 12 weeks between the date the file is dispatched by NVC and the date the Immigrant Visa Unit receives the file and completes action on the case. The Immigrant Visa Unit will be in contact with the applicant once they are able to schedule the visa interview.

Kii Visa – Spouses of U.S. citizens and their children

    What is the difference between the KI visa for fiancé(e)s and the Kii visa for spouses?

    The KI visa is issued to the fiancé(e) of a U.S. citizen who will marry in the United States and apply to take up permanent residence after marriage. The K-3 and K-4 visa is issued to the spouse of a U.S. citizen who is the beneficiary of an immediate relative petition and his or her child(ren) under the age of 21. The K-3 and K-4 visa allows the holder to travel to the United States to reside while his or her immigrant visa petition is being processed by the U.S. Citizenship and Immigration Services and to apply for an immigrant visa once the petition has been approved.

    If the immigrant visa interview has been scheduled, does this mean I cannot apply for the K-3 or K-4 visa?

    Yes. If you have been scheduled for an immigrant visa interview, or indeed if the Embassy or Consulate has received the approved petition, but not yet scheduled the immigrant visa interview, you are not eligible to apply for a K-3 or K-4 visa; you are required to pursue your application for an immigrant visa.

    What if I've been refused an immigrant visa; can I apply for a K-3 or K-4 visa?

    No. If you have applied for an immigrant visa and have been refused, you are not eligible to apply for the K visa.

    What if I have been refused an immigrant visa, but my child has yet to apply for the visa. Can he or she apply for the K-4 visa?

    No. If you have been refused an immigrant visa, your child is, unfortunately, not eligible to apply for the K-4 visa, even if he or she has yet to apply for an immigrant visa.

    Can I apply for a K-3 or K-4 visa if I no longer wish to continue with my application for an immigrant visa?

    A K-3 or K-4 visa entitles the holder to reside in the United States only until he or she becomes eligible to apply for an immigrant visa. If you do not wish to pursue an application for an immigrant visa, you will not qualify for the K visa.

    If the marriage took place in a country where there is no U.S. diplomatic presence where can I apply for the K-3 or K-4 visa?

    The application will be processed by the U.S. Embassy or Consulate designated by the Department of State to accept immigrant visa processing for that particular country. You should visit the Department of State's website at http://travel.state.gov for further information.

    Can I apply for a K-3 or K-4 visa while in the United States?

    No. You are required to return to the county where you were married to apply for the visa. If the marriage ceremony took place in the United States, you are required to apply for the visa at the Embassy or Consulate in your country of permanent or last residence.

    If my child is issued a K-4 visa, what happens if he or she turns 21 before an immigrant visa is issued?

    Holders of K-4 visas will be admitted for two years or until the day before their twenty-first birthday, which ever is shorter. The K-4 visa holder's status will expire if he or she turns 21.

    If my child is issued a K-4 visa , what happens if he or she marries before the immigrant visa is issued?

    Holders of K-4 visas will be admitted for two years or until the day before their twenty-first birthday, which ever is shorter. The K-4 visa holder's status will expire if he or she turns 21 or gets married.

    What happens to a K-3 or K-4 visa holder when the immigrant visa petition, Form I-130, is approved by the United States Citizenship and Immigration Services?

    You will become eligible to apply for an immigrant visa.

    How does the holder of a K-3 or K-4 visa apply for the immigrant visa?

    If you are physically present in the United States you may apply for an adjustment of status with the USCIS. If this is your intention, you should state this fact in answer to Q.21 of form I-130. If the I-130 has already been filed and you advised the USCIS that you would apply for the visa abroad, your spouse or parent should notify the USCIS that you will apply for an adjustment of status.

    If you will apply for the immigrant visa at a U.S. Embassy or Consulate named on the immigrant visa petition, form I-130, the approved petition will be forwarded to the National Visa Center in New Hampshire which will send you the packet of forms you are required to complete in connection with your application for an immigrant visa.

Lawful Permanent Residents

    My spouse was granted conditional resident status. What do we do to have the status removed?

    You and your spouse are required to file a petition, form I-751, with the United States Citizenship and Immigration Services (USCIS) to have the conditional resident status removed. The petition must be filed 90 days before the second anniversary of your husband/wife being admitted into the United States on an immigrant visa, or adjustment of status, if he or she entered on a fiancé(e) visa. While the I-751 may be obtained by sending a stamped, self-addressed envelope to DHS (Immigration) at the Embassy, P.O. Box 2444, London W1A 5WT, the form can only be filed with the United States Citizenship and Immigration Services in the United States.

    I was granted conditional resident status, but never filed to have the status removed. I've been outside the United States for longer than 12 months, how can I return?

    Conditional residents of the United States who failed to file an application to have their conditional resident status removed are required to requalify for immigrant status by having their U.S. citizen or Lawful Permanent Resident relative file an immigrant visa petition, form I-130, on their behalf. If your relative resides in the United Kingdom, he/she should contact the Department of Homeland Security (Immigration) at the Embassy; if resident in the United States, he/she should contact his/her local USCIS office for further information.

    How long can I remain outside the United States with my Permanent Resident Card (green card)?

    You will maintain status provided you do not remain outside the United States for longer than one year and you maintain a bona fide domicile in the United States. Failure to return to the United States within one year may jeopardize permanent resident status. If you are in possession of a valid re-entry permit issued by the USCIS, you must return to the United States before the permit expires. You should be aware, however, that the final determination on your eligibility for admission into the United States rests with the USCIS at the port of entry. If you have been outside the United States for less than twelve months and you require further information, you should contact the Department of Homeland Security (Immigration) at the Embassy.

    What if I have been outside the United States for longer than twelve months?

    If you are not in possession of a valid re-entry permit, or your re-entry permit has expired, you will require a new immigrant visa to re-enter the United States to resume your residence there.

    My re-entry permit is due to expire; what do I do?

    You should contact the Department of Homeland Security (Immigration) for further information.

    I've lost my Permanent Resident Card (green card); what do I do?

    If you have been outside the United States for less than twelve months, you should contact the DHS (Immigration) at this Embassy. If you have been outside for longer than twelve months and you wish to return to resume permanent residence you will require a new immigrant visa.

    I'm a Lawful Permanent Resident of the United States. I've recently given birth to a child. What type of visa does he/she require to return with me to the United States?

    You will not require a visa for your child if: he/she is under two years of age; it is his/her first entry into the United States since birth; and he/she is being accompanied by the parent who is applying for readmission as a permanent resident upon the parent's first return to the United States after the child's birth. Your child will require his or her own passport, if not included on the accompanying parent's passport, and his/her long form birth certificate, listing both parents' names. In the event that one parent is a citizen of the United States, the foregoing information should be disregarded and an application must be made for a U.S.passport.

    I have a green card, but I'm only going back to the United States for a short visit. What do I do?

    If you were a Lawful Permanent Resident (green card holder) and you have been outside the United States for longer than twelve months, or two years, if holding a re-entry permit, you will be required to either apply for a visitor visa, or if eligible, travel visa free under the Visa Waiver Program.

    I have a Permanent Resident Card (green card) and I no longer wish to live in the United States; what do I do?

    If you no longer wish to reside in the United States you may formally abandon your status by completing the form I-407.

Miscellaneous

    Will I be eligible to work on entering the United States on an immigrant visa?

    On entering the United States on an immigrant visa you will require no further authorization from the United States Citizenship and Immigration Services (USCIS) in order to take up employment.

    How do I get a Social Security number?

    By law, each immigrant or refugee admitted to the United States must obtain a Social Security number. Social Security numbers are required to work in the U.S., to open a bank account, to pay taxes, and for many other purposes. An application for a social security number should be made to the local Social Security Office in the area where the immigrant will reside after their arrival in the United States. For further information please visit their website at www.ssa.gov

    How do I become an American citizen?

    An immigrant can become an American citizen by naturalization by living in the United States for a specified period, usually five years (three years if married to a citizen) and passing a naturalization examination. However, there is no requirement that an immigrant become a citizen and s/he is free to live in the United States as long as s/he wishes regardless of his citizenship, so long as s/he abides by the laws of the land, which are applicable to citizens and aliens alike.

    Can I claim my UK pension?

    Information regarding the payment of a British State Pension in the United States is available from the Social Security Administration at www.ssa.gov.

    Will I owe customs duty on my household effects when I move to the U.S.?

    Household effects owned by immigrants for one year or more, as well as personal effects intended for their own use and not containing any prohibited items, such as firearms and drugs, are admitted free of duty. Only very limited quantities of tobacco, spirits and wines can be taken into the United States duty free. Read more...

    Can I take my pet to the United States?

    A health certificate is required to bring a dog or cat from the U.K. into the U.S. Such a certificate is usually required by the airlines and the airlines should be contacted concerning any time limitations or other details. The U.K. is a rabies-free area, so the pet will not be quarantined and will not need a rabies vaccination unless required by the state or local authorities at your final destination. Read more...

    Do you have information on the education system?

    Education is compulsory and free for children between the ages of 6 and 16 (18 in some states). Kindergartens are usually available and free of charge. Children will ordinarily be accepted for immediate enrollment in the local school system of the community in which an immigrant family settles. Private schools, both day and boarding, which are the equivalent of English preparatory and public schools, are available in many larger communities but are expensive. There are many universities, some private and some Government-supported. Further information may be obtained by writing to the Superintendent of Education of the community in which you intend to reside or from the Fulbright Commission at www.fulbright.co.uk.

    How much money can I bring into the United States?

    There is no limit on the amount of money which may be taken in or out of the United States. However, any amount in excess of $10,000 in currency, travelers checks or negotiable instruments, must be declared to the United States Customs at the time of arrival in or departure from the United States. Read more...

    The amount of money which may be taken out of the United Kingdom is a matter under the jurisdiction of the British Government. Further information is available from any bank in the United Kingdom.

V Visas ­ Spouses and Children of Lawful Permanent Residents

    Can I assume that anyone registered for immigration in the family based second preference category who has been waiting at least three years qualifies for a V visa?

    No. The applicant must have a priority date (date on which the petition is filed with the United States Citizenship and Immigration Services (USCIS) which is not current and at least three years old, and the applicant must not have been scheduled for an immigrant visa.

    Does this mean if I've been scheduled for an immigrant visa interview I cannot apply for a V visa?

    Yes. If your priority date is current, that it to say a visa number is already available for your use and you have been scheduled for an immigrant visa interview, you are required to pursue your immigrant visa application. You cannot apply for a V visa.

    Can I apply for a V visa if I have been refused an immigrant visa?

    No. If you have applied for an immigrant visa and have been refused, you are not eligible to apply for the V visa.

    Can I apply for a V visa if I no longer wish to continue with my application for an immigrant visa?

    A V visa entitles the holder to reside in the United States only until he or she becomes eligible to apply for an immigrant visa. If you do not wish to pursue an application for an immigrant visa, you will not qualify for the V visa.

    Can I apply for the V visa at another Embassy or Consulate?

    The Embassy or Consulate would have to agree to accept your application for processing. If you have already received notification of your eligibility to apply for the V visa and wish to process your application at a post other than the one named, you should contact the Embassy or Consulate for further information.

    Can I apply for the visa while in the United States?

    You may apply to adjust your status to the V visa category with the USCIS if you are in the United States. If you leave the United States, however, you will be required to apply to have your passport endorsed with a V visa at a U.S. Embassy or Consulate outside the United States in order to return. You should contact the Embassy or Consulate before departing the U.S. for further information.

    For how long is the V visa valid for travel to the United States?

    In general the visa will be issued for multiple entries for 10 years. However, as a child is entitled to F2A status only while under the age of 21, in such cases the visa will be issued to expire on the child's 21st birthday.

    Can the holder of a V visa stay in the U.S. for ten years on the visa?

    U.S. immigration will admit the holder of a V visa for an initial period of 2 years. After two years, the V visa holder may apply for an extension of stay, if a visa number is not yet available for his or her use, or an immigrant visa, if it is.

    Will the holder of a V visa be required to leave the United States if he turns 21 before the immigrant visa is issued?

    Your child is only eligible for V visa status while under the age of 21. If he or she turns 21 before the immigrant visa is issued, he/she will lose his or her entitlement to V visa status. If your child is in the United States, you must contact the Immigration and Naturalization Service for further information.

    What happens to a V visa holder if he or she marries before being issued an immigrant visa?

    Your child is only entitled to family based second preference status while under the age of 21 and single. If he or she marries before the immigrant visa is issued, he or she will loose his or her entitlement to V visa status and will no longer be eligible for an immigrant visa in the family based second preference category.

    Can I work on a V visa?

    Holders of V visas may apply for employment authorization once in the United States. You should contact the Immigration and Naturalization Service on your arrival in the United States for further information.

    What happens to a V visa holder when he priority date of the immigrant visa petition becomes current?

    You will become eligible to apply for an immigrant visa.

    How does a V visa holder apply for the immigrant visa?

    When your priority date becomes current, you will be sent a packet of forms to apply for the immigrant visa. If you are residing in the U.S. at the time, you may apply for an adjustment of status with the USCIS, or you may process your immigrant visa application through the Embassy or Consulate named on the immigrant visa petition. If you are in the United Kingdom, or your last place of residence before traveling to the United States was the United Kingdom, your application will be processed by this Embassy.


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