V-1 / V-2 / V-3 LIFE Act Spouse or Child of a Permanent Resident
A LIFE Act nonimmigrant status for spouses and children of permanent residents whose I-130 was filed on or before Dec. 21, 2000 and who have waited at least 3 years.
At a glance
- Petition filing cutoff
- On or before Dec. 21, 2000
- Minimum wait
- 3 years since I-130 filing
- Admission period
- Up to 2 years (V-2/V-3: or day before 21st birthday)
- Apply in the U.S.
- Form I-539 $470 paper / $420 online
- Work
- EAD under 8 CFR 274a.12(a)(15)
- Status today
- Still in the law; open only to 2000-era cases
Overview
The Legal Immigration Family Equity (LIFE) Act of 2000 created the V classification so that spouses and children of lawful permanent residents stuck in long F2A waits could live and work in the United States while waiting (USCIS).
Eligibility requires a Form I-130 under INA 203(a)(2)(A) filed on or before Dec. 21, 2000 that has either been pending for 3 years or more, or been approved at least 3 years after filing while an immigrant visa is unavailable or the visa or adjustment application remains pending (8 CFR 214.15(c)). V-1 is the spouse, V-2 the child, and V-3 the derivative child of a V-1 or V-2.
Because every qualifying petition is now more than 25 years old, most of these cases were resolved long ago. The category matters today only for someone whose 2000-era petition, visa application or adjustment application is still unresolved.
Who qualifies
The applicant must
- Be the spouse or child (or derivative child) beneficiary of an F2A Form I-130 filed by a permanent resident on or before Dec. 21, 2000, and properly filed.
- Have waited 3 years or more since filing, with the petition still pending, or approved but with a visa unavailable or the visa/adjustment application still pending.
- Be admissible; for V status in the U.S., INA 212(a)(6)(A), (a)(7) and (a)(9)(B) do not apply.
Duration & extensions
| V-1 | Admission up to 2 years |
|---|---|
| V-2 / V-3 | Up to 2 years or the day before the 21st birthday, whichever comes first |
| Extensions | Form I-539, filed “on or before 120 days before” status expires per 8 CFR 214.15(g)(3), for periods of up to 2 years while still eligible |
| Current priority date, nothing filed | Admission or extension limited to 6 months; status cannot continue unless an immigrant visa or adjustment application is filed in that time |
Fees
USCIS fees are from the 10/01/26 fee schedule.
| Fee | Amount | Who pays | Notes |
|---|---|---|---|
| Form I-539 (V status in the U.S.) | $470 paper / $420 online | Applicant | Filed with Supplement A and Form I-693 (without the vaccination supplement). |
| Form I-765 (EAD) | $520 paper / $470 online | Applicant | General filing fee for an initial EAD. |
| Form I-485 (Green Card) | $1,440 paper / $1,390 online | Applicant | When a visa is immediately available. Only the 09/18/26 edition is accepted for filings on or after Sept. 18, 2026. |
| V visa abroad | State Department fee | Applicant | Nonimmigrant visa application fee set by the State Department; neither 22 CFR 22.1 nor the State Department fee page lists the V category by name, so no amount is given. |
Processing time
- Extension window
- 120 days
- 8 CFR 214.15(g)(3) provides for filing Form I-539 “on or before 120 days before the expiration” of V status.
No fixed processing times; see egov.uscis.gov/processing-times for Form I-539 and I-485.
Application steps
- 1Confirm eligibilityLocate proof the F2A I-130 was filed on or before Dec. 21, 2000 (Form I-797 receipt or approval).
- 2Apply in the U.S. or abroadIn the U.S.: Form I-539 with Supplement A and Form I-693. Abroad: apply for a V visa at a consulate under 22 CFR 41.86.
- 3Request work authorizationFile Form I-765; the EAD runs for the authorized V admission period.
- 4Travel carefullyA Form I-797 approval of V status is not a travel document; return requires a V visa from a consulate (except limited automatic revalidation).
- 5Adjust statusWhen a visa is immediately available, file Form I-485 with Form I-864 and proof of V status.
Required documents
For V status
- Form I-797 receipt or approval of the pre-Dec. 21, 2000 Form I-130 (or other evidence of filing, such as correspondence).
- If no proof exists: where and when the petition was filed, the petitioner’s name and A-number, and the beneficiaries’ names.
- Form I-693 medical exam (without the vaccination supplement).
For the Green Card
- Form I-485, Form I-864, Form I-797 showing the V grant, the I-130 receipt or approval, birth certificate and photos (USCIS).
Dependents & family
V-3 covers the derivative child of a V-1 or V-2 who is accompanying or following to join the principal. Because a derivative child can be born after the petition was filed, a V-3 child of a V-1 spouse could in principle still be under 21 today. V-2 and V-3 status ends the day before the 21st birthday.
Path to a green card
V holders adjust status as the spouse or child of the permanent resident (or of a U.S. citizen, if the petitioner has naturalized).
V holders with a pending Form I-485 do not need advance parole but must obtain a V visa abroad to return.
Related visas
Common questions
Can anyone apply for a V visa today?
Only beneficiaries of an F2A I-130 filed on or before Dec. 21, 2000 whose case is still unresolved. The cutoff is fixed in the law, so no new applicants can qualify.
Is a V-2 still possible?
Practically no. A V-2 principal must have been a child beneficiary of a petition filed by Dec. 21, 2000, so would now be at least 25, and V-2 status ends the day before the 21st birthday.
Can V holders work?
Yes. They may apply for an EAD, which USCIS grants for the authorized period of V admission.
Official sources
- USCIS · V Nonimmigrant Visasuscis.gov ↗
- USCIS · Green Card for a V Nonimmigrantuscis.gov ↗
- eCFR · 8 CFR 214.15 — Certain spouses and children of lawful permanent residentsecfr.gov ↗
- Department of State · 9 FAM 402.1 — Overview of NIV Classificationsfam.state.gov ↗
- USCIS · Form G-1055, Fee Schedule (edition 10/01/26)uscis.gov ↗
Recent changes
- Aug 24, 2026Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 and certified a class; USCIS says it will adjudicate covered applications in the normal course while litigation continues. Source ↗
- Jun 5, 2026Court vacates USCIS hold policies on pending applications. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA-2025-26 (final judgment June 11, 2026). USCIS says it will follow the order pending possible further review. Source ↗
- Dec 16, 2025Proclamation 10998 expands entry restrictions to 39 countries (effective Jan. 1, 2026). Suspends immigrant entry for nationals of every listed country and removes the broad family-based immigrant visa exception that Proclamation 10949 had contained; remaining exceptions are narrow, plus case-by-case national-interest exceptions. Source ↗
- Apr 1, 2024USCIS fee rule takes effect. The fee schedule final rule (89 FR 6194, published Jan. 31, 2024) set current family-based fees, including separate online and paper fees for Form I-130 and folding biometrics into the filing fees. Source ↗