S Visa

S Visa

An S nonimmigrant is an individual who has assisted a law enforcement agency as a witness or informant.

The S nonimmigrant classification is generally available to aliens who would otherwise be inadmissible to or deportable from the United States (for example, due to criminal convictions or certain problems with immigration status). The statute authorizes the Secretary of Homeland Security to waive most grounds of inadmissibility. The program is particularly useful for witnesses or informants,who have critical reliable information regarding a criminal organization and who are willing to supply or has supplied such information to enforcement authorities or court and the Attorney General determines the presence of such individual(s) in the U.S. is essential to the success of an authorized criminal investigation or prosecution, and who would otherwise be in danger in their home countries. It is also a substantial benefit for many other witnesses and informants who might not otherwise be able legally to enter or remain in the United States.

I. Brief Introduction aboutS-5, S-6, and S-7Visa

II. Procedures for applying for S Visa

• Informant must go to the Law Enforcement authorities to prove that they have valuable information
• The Law Enforcement authorities (i.e. the Attorney General and or Secretary) must determine whether the eligibility of the Informant for S-5 or S-6 visas
• If the Informant is eligible, the Law Enforcement agency will then file Form I-854 with U.S. Department of Justice, Criminal Division, Office of Enforcement Operations, Special Operations Unit

III. Documents required for applying for S Visa

1. Form I-854A, used by law enforcement agencies (LEAs) to request that an alien witness and/or informant receive classification as S nonimmigrants;
2. A clear statement of the operations that form the basis of the request;
3. All grounds or suspected grounds of inadmissibility for the alien witness and a statement for each ground or suspected ground;
4. Two sets of the alien’s fingerprints and signatures on Form FD-258;
5. Two identical passport-style color photographs;
6. The alien’s Form G-325, Biographical Information;
7. The alien’s FBI Number, A-Number (if any), and U.S. Social Security number (if any);
8. A copy of the alien’s birth certificate (with translation) or passport;
9. Evidence of the alien’s current immigration status or legal presence;
10. Proof of family relationship for the qualifying relatives identified in the request (spouse, married and unmarried sons and daughters, and parents) who are accompanying or following to join.

IV. Procedures for applying for Green Card for an Informant (S Nonimmigrant Visa holders)

• Step 1: Complete and file Form I-854
  • This should be done by the Federal or State Law Enforcement or U.S. Attorney’s Office that initially filed for S nonimmigrant status for the Informant
  • Form I-854B is used by LEAs to request that an alien in S nonimmigrant status be permitted to apply for adjustment of status to adjust to lawful permanent resident (LPR) status under section 245(j) of the Immigration and Nationality Act (INA).
• Step 2: After Form I-854 is approved, file Form I-485.

V. Documents required for applying for Green Card for an Informant (S Nonimmigrant Visa holders)

1. Form I-854B, used by LEAs to request that an alien in S nonimmigrant status be permitted to apply for adjustment of status to adjust to lawful permanent resident (LPR) status under section 245(j) of the Immigration and Nationality Act (INA).
2. A clear statement of the operations that form the basis of the request;
3. All grounds or suspected grounds of inadmissibility for the alien witness and a statement for each ground or suspected ground;
4. Two sets of the alien’s fingerprints and signatures on Form FD-258;
5. Two identical passport-style color photographs;
6. The alien’s Form G-325, Biographical Information;
7. The alien’s FBI Number, A-Number (if any), and U.S. Social Security number (if any);
8. A copy of the alien’s birth certificate (with translation) or passport;
9. Evidence of the alien’s current immigration status or legal presence;
10. Proof of family relationship for the qualifying relatives identified in the request (spouse, married and unmarried sons and daughters, and parents) who are accompanying or following to join.
11. All relevant documentation establishing that the alien has fulfilled the terms and conditions of his or her S classification and related recommendations
12. Required documents for I-485 Filing, including:
    • Two passport-style photos
    • Copy of birth certificate
    • Form I-693, Report of Medical Exam and Vaccination Record
    • Copy of Form I-94, Entry/Exit Record
    • Copies of all pages in your passport. If you do not have a passport, you should submit an explanation of why you do not have a passport.
    • A list showing the dates of all arrivals and departures from the United States while you were in S nonimmigrant status with an explanation for each departure of why you left the United States;
    • Evidence of the relationship to the principal S nonimmigrant witness or informant (e.g., birth certificate, marriage certificate) if you are filing for a Green Card as a derivative beneficiary of an S nonimmigrant
    • Proof of employment
    • Applicable fees