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| S Visa |
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| The S nonimmigrant
classification is generally available to aliens who would otherwise be
inadmissible to or deportable from the United States (e.g.,
due to criminal convictions or certain problems with immigration status).
The statute authorizes the Attorney General to waive most grounds for
exclusion. The program is particularly useful for witnesses or informants
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 to enter or remain in the United States. |
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The S visa is issued to
persons who assist US law enforcement to investigate and prosecute crimes
and terrorist activities such as money laundering and organized crime.
There are two types of S visas, the S-5 and S-6.
To qualify for an S-5 visa, the Attorney General
(or Secretary of Homeland Security) determines that the person:
- must Possess reliable information regarding an
important aspect of a crime or pending commission of a crime,
- must be willing to share this information with
law enforcement officials or to testify in court, and
- that their presence in the US is necessary to
the successful investigation or prosecution of the case.
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To qualify for an S-6
visa, both the Attorney General (or Secretary of Homeland Security) and
the Secretary of State must determine that the person:
- Possesses reliable information regarding an
important aspect of a terrorist organization or plot,
- Is willing to share this information with law
enforcement officials or to testify in court,
- Has or will be placed in danger for providing
that information, and
- Is eligible to receive an award from the State
Department for providing such information.
Therefore the petitioner in an S visa
classification imust be the law enforcement agency with which the
foreigner is cooperating. The application is made on Form I-854, called
the Inter-Agency Alien Witness and Informant Record. The application must
include the agency's reasons for seeking the cooperation of the foreigner.
The law enforcement agency must also assume responsibility for the foreigner
from their admission until departure.
Once the S visa holders arrives in the US. they
are subject to strict restrictions. For example, they must report to the
Attorney General every three months regarding their whereabouts and
activities; They must not be convicted of a crime that is punishable by
one or more years in prison; They must agree that they will not contest a
deportation order by any means other than an application for withholding
based on fear of persecution if returned home if the deportation
proceedings are begun before the foreigner becomes a permanent resident;
and they must adhere to any other conditions
on their stay the Attorney General imposes.
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S visa holders can adjust
their status to permanent resident under a special provision under Section
245(j) of the Immigration and Nationality Act. If the information supplied
by the foreigner has "substantially contributed" to a successful
investigation or prosecution of a crime, they are eligible for adjustment
of status. Similarly, if the foreigner's information "substantially
contributed" to the prevention of an act of terrorism, or to the
apprehension of a person involved in terrorist activities, they are
allowed to adjust their status.
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| The application must be
approved by the Assistant Attorney General in change of the Criminal
Division of the Justice Department and by the Commissioner of the USCIS
(formerly INS).
Spouses, unmarried and married children and
parents of S-5 and S-6 nonimmigrants are allowed to enter the US in an S-7
status. They must be included on the Form I-854. |
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