V-2 Visa Holders Over 21 Can Stay in US

A federal appeals court has rejected a 2001 INS rule which had required that V-2 visa holders who had reached their 21st birthday leave the US. The rule may affect thousands of immigrant families.

The appeals court said that the INS rule violated the purpose of a 2000 Congressional law designed to reunite families separated for long periods of time while awaiting the outcome of their child;s application for permanent resident status.

The V2 visa was designed to let children of legal residents under 21 who faced more than a three-year wait for a green card to enter the country, holda job, and await the outcome of their status in the US.

The California case that prompted the ruling involved two Filipinos who entered the US on V-2 visas shortly before their 21st birthdays, and were forced to leave almost immediately after they turned 21.