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Spouse and Minor Children (Unmarried and Under 21) of United States Permanent Residents (V Visas)
The V Visa is available to the spouse and minor children (unmarried and under the age of 21) of legal permanent residents whose petitions (Form I-130) were filed PRIOR to December 20, 2000 AND who have been waiting for a visa to become available for three (3) or more years or where the I-130 has been pending for three (3) or more years. 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 United States and obtain employment authorization. Applicants residing outside the United States can apply for the visa at the nearest United States Consulate abroad. People inside the United States, even those who are 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. The 3/10 year bar does not affect obtaining V status. However, the 3/10 year IS applicable when the person seeks permanent residence and, absent a waiver or an exception, s/he I s barred from residence.
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