V Visa for Spouse/Child of LPR
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Publication date: 30.07.2025
Recently, our team was asked a question: “Can the spouse of a lawful permanent resident apply for a V visa if the I-130 was filed more than two years ago but the priority date is still not current?”
We wanna share the answer from our specialists:
23.07.2025 13:35:49 The V visa is a nonimmigrant visa category that was created to allow families to reunite while waiting for the processing of immigrant visas. However, its applicability is limited and specific. The V visa was introduced under the Legal Immigration Family Equity (LIFE) Act in 2000, primarily to address delays in processing immigrant visas at that time. To be eligible for a V visa, certain conditions must be met: 1. The I-130 Petition for Alien Relative must have been filed on or before December 21, 2000. 2. The beneficiary must have been waiting for three years or more after the filing of the I-130 petition without having received an immigrant visa due to priority date backlog. Given these conditions, if your situation involves an I-130 petition filed after December 21, 2000, then unfortunately, you would not be eligible for a V visa regardless of how long you have been waiting or whether your priority date is current. For cases where the priority date is still not current and significant delays are experienced, individuals typically need to wait until their priority date becomes current according to the Visa Bulletin issued by the Department of State each month. Meanwhile, staying informed about any changes in immigration law or policy that might offer new avenues for relief or expedited processing can be beneficial. If there are concerns about lengthy separations due to immigration backlogs, consulting with an immigration attorney might provide additional options based on your specific circumstances.
23.07.2025 18:14:01 Unfortunately, the V visa is no longer available for most people. It only applies if the Form I-130 was filed on or before December 21, 2000, and the petition has been pending for at least three years. Since your I-130 was filed more recently, you’re not eligible for a V visa. Your best option is to wait under the F2A category until the priority date becomes current.
23.07.2025 18:29:51 No, the V visa doesn’t apply anymore unless the I-130 was submitted before December 21, 2000, which is extremely rare today. Even if your petition was filed over two years ago and the priority date isn’t current, you’ll need to follow the normal F2A spousal process and wait for visa availability. Unfortunately, the V visa isn’t a valid route in modern cases.
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