
Adjustment of status of nonimmigrant person admitted for permanent residence
V Visa and Adjustment Granted — What It Means and How We Won
Our client—present in the U.S. in long-standing V nonimmigrant status—has now adjusted status to lawful permanent residence. This is a major milestone for families covered by the LIFE Act’s V visa program, which was created to reunite spouses and children of lawful permanent residents (LPRs) with long-pending immigrant petitions.
Who the V visa covers (legacy but still valid)
- V-1: Spouse of an LPR,
- V-2: Unmarried child (under 21) of an LPR,
- V-3: Child of a V-1/V-2.
Eligibility hinges on a qualifying Form I-130 filed on or before December 21, 2000 and meeting specific pending/approval timeframes. Though new V filings are rare today, many families still benefit from existing V status while waiting for visa availability.
Path to the green card
Once the priority date in the F2A/F2B category became current, we filed Form I-485 (adjustment of status) with a complete packet: civil documents, medical exam (I-693), financial sponsorship (I-864 from the petitioning LPR/U.S. citizen), and evidence preserving the family relationship. Because V status allows presence and work authorization, our client maintained lawful work (EAD) and advance parole during processing, avoiding risky departures.
Key issues we solved
- Admissibility screening: We audited for unlawful presence, misrepresentation, and prior orders; where needed, we prepared waivers strategies (e.g., §212(i) or §212(h)) but ultimately showed the client was admissible without waivers.
- Aging-out protection: For a derivative child, we documented CSPA eligibility to lock in age under the pending petition.
- Record consistency: We aligned dates across the decades-old I-130, V entries/extensions, and I-485 to preempt RFEs.
Approval and next steps
USCIS approved adjustment, issuing the Permanent Resident Card. We counseled on:
- I-9 updates with the employer,
- Selective travel (carry passport and green card; monitor any pending name-change or reentry permits),
- Conditional residence rules (if applicable), and
- A roadmap to naturalization after meeting residence/physical-presence and good moral character requirements.
Takeaway
Even legacy V-visa families can complete the journey to residence. With priority-date tracking, admissibility planning, and a decision-ready I-485, “waiting with V” can become a green-card win. Our office handles the audit, filings, and interviews—start to finish.
