May 21 2005

USCIS Changes Policies Regarding V-2 and V-3 Visas for Individuals 21 Years of Age and Older

The USCIS announced this week that individuals with valid V-2 and V-3 visas will no longer age-out of their visa status. Children of lawful permanent residents who are 21 years or older and are currently under V-2 or V-3 status will be approved for extension of stay by USCIS, as long as they meet all the requirements for extension of stay.

The V visa enables spouses and children of lawful permanent residents to enter or stay in the U.S. in cases where their Form I-130 visa petition application or application for permanent residency has been pending for 3 years or more and was filed on or before December 21, 2000. Prior to this change in regulation, children of immigrants were only eligible to remain under V-2 or V-3 status up to the age of 21. After that age barrier, children would age-out of their visa status.

This regulation specifically enables an alien who is in the U.S., was previously under V-2 or V-3 status and whose application for an extension of stay was denied just because he or she was 21 years of age or older to now apply for an extension of status. Those who did not apply for extension of stay because of their age may also now apply for an extension of status. These individuals can continue to apply for extensions until they become a permanent resident or until the law terminates the stats of the V visa or its subsidiary visas, the V-2 and the V-3.