On December 21, 2000, the President signed into law a major immigration legislative package called the Legal Immigration and Family Equity Act (LIFE). The Department of State is currently drafting regulations and developing guidance for implementation of this new law. Specific instructions on how to apply under the new provisions will be publicly announced as soon as procedures are in place at US Embassies and consulates worldwide.
The LIFE Act created two new categories of non-immigrant visas:
This new non-immigrant status will be available to the spouses and minor children of legal permanent residents (LPR) who are the beneficiaries of F2A second preference immigrant visa petitions filed with the U.S. Citizenship and Immigration Services (USCIS). To be eligible, applicants must have been waiting more than three years for an immigrant visa, whether due to processing delays or unavailablility of a visa number. The V visa pertains only to those I-130 petitions filed on or before December 21, 2000.
A new visa category will be available to spouses of U.S. citizens for whom an immigrant visa petition has been filed with USCIS, but due to processing delays the petition has not yet been approved by USCIS. This new non-immigrant visa status will allow these spouses and their minor children to enter the United States to wait for USCIS approval of the immigrant visa petition. Issuance of a KII visa is further dependent on a petition approved by USCIS, the nature of which has not yet been determined by USCIS. If the marriage occurred outside the United States, a KII visa may only be issued by a consular officer in the country where the marriage took place.
The KII visa is a permanent addition to the list of visa classifications. KII visas will be available to those whose I-130 petitions are filed before, on, or after the date of enactment of the LIFE Act.
Because this is a new and very complex law with significant legal and resource implications, it will take some time to fully interpret the statute, draft regulations and provide procedural guidance on how to process these cases. There is a great need for more resources in personnel, training, office facilities, security and equipment including information technology to implement these broad sweeping provisions. The Department of State has already begun discussions with USCIS and the White House to accomplish these tasks as quickly as possible to insure the speedy, efficient and fair delivery of benefits provided for by the LIFE Act, but planning is in its earliest stages.
The Department of State will keep the public informed as planning progresses for the implementation of the LIFE Act. It is too early at this time to say precisely when actual V and KII visa issuance may begin. Until issuance procedures are in place, U.S. Embassies and consulates worldwide at this time can provide only basic information on the LIFE Act and who might be eligible to apply for Immigration benefits under this law.
For general information on how to apply for a visa, click here.
• For ALL types of non-immigrant visas, the EVAF (Electronic Visa Application Form) visa application form DS-156 must be used. more info
• Download application form DS-156 electronic visa application form
