NonimmigrantFamily-basedLegacy categoryI-130 filed by Dec. 21, 2000Work authorized

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.

Last reviewed Oct 1, 2026Sources: USCIS · eCFR · Department of StateReport an error

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
Still in the law, but closed to new applicants. The V category has not been repealed: 8 CFR 214.15 remains in force, and the State Department still lists V-1, V-2 and V-3 as visa classifications (9 FAM 402.1). But eligibility depends on an F2A petition filed on or before Dec. 21, 2000, so no one can newly qualify. A V-2 principal must have been a child beneficiary of such a petition and would now be at least 25 — past the V-2 age limit — so in practice only V-1 spouses and their V-3 children with a still-unresolved 2000-era case could use it.

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-1Admission up to 2 years
V-2 / V-3Up to 2 years or the day before the 21st birthday, whichever comes first
ExtensionsForm 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 filedAdmission 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.

FeeAmountWho paysNotes
Form I-539 (V status in the U.S.)$470 paper / $420 onlineApplicantFiled with Supplement A and Form I-693 (without the vaccination supplement).
Form I-765 (EAD)$520 paper / $470 onlineApplicantGeneral filing fee for an initial EAD.
Form I-485 (Green Card)$1,440 paper / $1,390 onlineApplicantWhen a visa is immediately available. Only the 09/18/26 edition is accepted for filings on or after Sept. 18, 2026.
V visa abroadState Department feeApplicantNonimmigrant 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

  1. 1
    Confirm eligibility
    Locate proof the F2A I-130 was filed on or before Dec. 21, 2000 (Form I-797 receipt or approval).
  2. 2
    Apply in the U.S. or abroad
    In 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.
  3. 3
    Request work authorization
    File Form I-765; the EAD runs for the authorized V admission period.
  4. 4
    Travel carefully
    A Form I-797 approval of V status is not a travel document; return requires a V visa from a consulate (except limited automatic revalidation).
  5. 5
    Adjust status
    When 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).

Step 1
Eligibility
Maintain V status continuously, remain eligible as spouse or child, have an immigrant visa immediately available, and be admissible.
Step 2
Medical exam
A full exam done for the V visa or status within one year of filing Form I-485 can be reused; only the vaccination portion of Form I-693 is then needed.

V holders with a pending Form I-485 do not need advance parole but must obtain a V visa abroad to return.

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

Recent changes

  • Aug 24, 2026
    Court 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, 2026
    Court 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, 2025
    Proclamation 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, 2024
    USCIS 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 ↗
This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.