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V VISAS
FAMILY-BASED SECOND PREFERENCE VISA APPLICANTS

DS-156 | DS-3052 | I-134

The nonimmigrant category V visa has been created to reunite families separated while waiting for their family based (F2A) second preference immigrant visa applications to be processed to completion. It does not matter whether that process will be completed by adjusting status in the U.S. or in securing an immigrant visa overseas. The V visa entitles the holder to travel to and from, and reside in, the United States until he or she becomes eligible to apply for an immigrant visa or to file for adjustment of status.

Spouses and children under the age of 21 of Lawful Permanent Residents (LPR) may apply for V visas, if the following conditions are met:

The Lawful Permanent Resident (LPR) filed an immigrant visa petition for his or her spouse on or before December 21, 2000, and

The spouse or child has waited three years since filing of the petition and has not been scheduled for an immigrant visa interview.

FIRST: Those eligible to apply for the visa will receive written notification of their eligibility from the National Visa Center (NVC) in New Hampshire together with the form DS-3052. The Immigrant Visa Unit of this Embassy will process V visa applications for citizens and residents of Austria, if it has been designated as the processing post for the applicant's immigrant visa case.

SECOND: On receiving notification of the eligibility to apply for the V visa, the applicant should personally appear at the Immigrant Visa Unit in Vienna to submit a copy of the notification letter received from the National Visa Center, and the form I-797 (Notice of Action), if available. When the applicant has assembled all of the documents required to apply for the visa as listed on the document checklist, he or she should sign and return the list to the Immigrant Visa Unit. After completion of all required administrative processing and upon receipt of the signed list, the Immigrant Visa Unit will set appointments for the medical examination and the formal visa interview. The average processing time is four to six weeks. V-visa applicants are required to pay the non-immigrant visa application fee which is currently US $ 131 or the equivalent in local currency.

Note: In the wake of the September 11 terrorist attacks against New York, Washington, DC and Pennsylvania, temporary special processing requirements have been imposed on nonimmigrant visa applicants. These requirements may lead to significant delays in visa processing. You may be assured, however, that every effort is being made to process all visa applications as expeditiously as possible, consistent with all relevant security concerns.

THIRD: If the consular officer finds the applicant eligible for a visa, the visa will be issued on the day of the interview. The visa is usually valid for ten years and will allow the holder to travel in and out of the United States. Children will be issued visas valid for ten years or until the day before their twenty-first birthday, which ever is shorter.

FOURTH: If found admissible, the Border and Transportation Security (BTS) official at the Port of Entry 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. If it is, the applicant may apply for adjustment of status or an immigrant visa abroad. A 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 the child is in the United States, contact the office of the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) for further information.

WORKING IN THE U.S. ON V STATUS: Holders of V visas may apply for employment authorization once in the United States. They should contact the local USCIS office on arrival in the United States for further information.

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