For the purpose of admission as a V nonimmigrant, aliens who have accrued more than 180 days of unlawful presence in the U.S. are not subject to the three and ten year bar to admission. However, the three and ten year bar applies to applicants for immigrant visas or adjustment of status. Therefore, if the V nonimmigrant has accrued more than 180 days of unlawful presence and travels abroad, the three and ten year bar are triggered upon departure from the U.S. As a result, the V nonimmigrant will not be eligible to adjust their status for three or ten years (depending on the period of unlawful presence), unless a waiver is approved.

Visa Needs to be Issued at a Consular Post

Another travel issue that affects V nonimmigrant visa holders is the need to obtain a visa at a Consulate abroad before re-entering the United States. An alien who applies for and obtains V nonimmigrant status in the United States is issued Form I-797 (Notice of Action. This form, however, does not serve as a travel document. Upon departure from the United States, the V nonimmigrant must obtain a V visa from a consular office abroad in order to be readmitted to the United States.

This visa requirement does not apply to an alien who traveled to contiguous territory or adjacent islands, possesses another valid visa, and is eligible for automatic revalidation.

By Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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