Corporations / Employees
2 Types of S visasTo ensure that the S-Visa is not misused, there is a limit placed on their availability. Only 250 S-Visas can be issued in a year. The majority of them – 200 in total – are available to criminal informants, while the remaining balance of 50 are reserved for terrorist informants.
S 5 visaThe S-5 Visa is for persons who can provide valuable information that can be of use to investigate, disrupt or prosecute criminal networks and organizations. The Attorney General has primary authority to determine eligibility. The requirements for an S5 visa are:
1. The informant must have reliable information about each aspect of the crime
2. The informant should be willing to share the information with law enforcement officials
3. The informants’ presence in the US is necessary to successfully investigate or prosecute a crime
S 6 visaThe S-6 Visa is for individuals who can provide valuable information that can be of use to the investigation, prosecution or disruption of terrorist organizations and networks. The Attorney General and the Secretary of State have the authority to determine the eligibility. The requirements for an S6 visa are:
1. The informant should have reliable information regarding an important aspect of a terrorist organization or its activities
2. The informant should be willing to become the witness or share the information with the US law enforcement officials
3. The informant’s life would be in danger if they share this information
4. The informant is eligible to receive a reward for providing information to the State Department
The law allows the informant’s immediate family to accompany them on an S-7 Visa, in the interest of preventing harm from coming to them as a result of the primary holder’s cooperation with authorities.
Restrictions of S visa holdersIf an informant gets their S-Visa, they need to follow some requirements to maintain it:
1. Reporting to the Attorney General once every three months about the activities and whereabouts
2. Not to be convicted in a crime that is punishable by one or more years in prison
3. They should strictly follow the conditions imposed by the attorney general
4. The need to agree not to contest deportation order other than because of the real fear of persecution in the native country
Adjustment of StatusS -Visa holders are allowed to adjust status to a permanent resident under a special provision, Section 245(j) of the Immigration and Nationality Act. If the information provided by the informant has “substantially contributed” to a successful investigation or prosecution, they are eligible for adjustment of status. For this, the informant will need to file Form I-854 Inter-Agency Alien Witness and Informant Record, along with letters proving that the informant has fulfilled their duty to the relevant law enforcement agency by reporting regularly. The next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS.
If you need assistance with an S visa, our team of expert immigration lawyers at Rijal Law firm would be glad help you at each stage and make things a lot easier and faster for you.