Need V Visa Information

[NArocks 13]

I am really confused on the V Visa Application. My Husband an LPR ( waiatng for card in mail ) is going to apply for his 18 year son. We were married after this son turned 18 so we could not apply. Is the son Eligible for the V Visa once we get the Notice of action on his I-130? Any help would be so appreciated as we want him here with us in the US.

[YuAndDan 153]

Form I-130 instructions:

If you are a lawful permanent resident of U.S, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21

C. Your unmarried son or daughter age 21 or older

http://www.uscis.gov/files/form/I-130instr.pdf

NOTE: LPR filing for child over age 18 gets Family 2nd pref, and can take a few years.

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

About the V Visa. (NO ) you cannot file for it per DoS website unless you filed the I-130 BEFORE December 2000.

Who Can Get a V Visa?

Spouses (husbands and wives) and unmarried children under the age of 21 of lawful permanent residents may apply for V visas under these conditions:

• Lawful Permanent Resident (LPR) petitioner MUST have filed the I-130 immigrant visa petition on or before December 21, 2000;
• Priority date is at least three years old;
• Priority date is not current;
• Applicant has not already had an immigrant visa interview or been scheduled for an interview;
• Petition is not already at an embassy or consulate abroad; and
• Applicant is otherwise eligible as an immigrant

The priority date is the date the US Citizenship and Immigration Services (USCIS) received the petition.

http://travel.state.gov/visa/immigrants/ty...s_1493.html#who