Immigration News  |
| Changes in immigration that impact your life. |
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| USCIS announces new policy regarding V Status Extension |
| May 16, 2005 |
U.S. Citizenship and Immigration Services (USCIS) announced
today that valid V-2
and V-3 status
holders will no longer "age-out" of V-2 or V-3 status. USCIS will now
approve extension of status applications for children of lawful permanent residents
who are 21 years old or older with V-2 or V-3 status, as long as they meet the
requirements for extension of status in every other way.
Established by
the Legal Immigration Family Equity Act (LIFE Act) in December 2000, V status
allows a spouse or child of a lawful permanent resident to enter or remain in
the United States as long as his/her Form I-130 visa petition application or his/her
application for permanent residency has been pending for three years or more and
was filed on or before December 21, 2000. Previously, the child of an immigrant
was only eligible to hold V-2 or V-3 status in the United States until he/she
turned 21 years of age. After that point, the child had "aged-out" and
could no longer retain or extend his/her V status.
An alien, physically
present in the United States, who was previously in V-2 or V-3 status and whose
application for extension of status was denied solely because he/she was 21 years
of age or more, may file an application for extension of status. An alien, physically
present in the United States, who was previously in V-2 or V-3 status and who
did not apply for extension of status solely because the alien was 21 years of
age or more at the time of expiration of his/her V status, may file an application
for extension of status. If approved, USCIS will grant a period of admission not
to exceed two years. The alien can continue to extend V status until he/she becomes
a permanent resident or until the law terminates V status. V-2 or V-3 status holders
who are physically present in the United States can request an extension by filing
an Application to Extend/Change Non-immigrant Status (Form
I-539).
The new guidance does not change the fact that in order to
qualify for the initial V-2 or V-3 status, the applicant must meet the legal definition
of "child." This definition states that "child" includes being
unmarried and less than 21 years of age.
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