Having to consider potential terrorism attacks, the United States had to take some precautions just in case. This is where the US S visa comes in to combat potential attacks.
Read this article until the end to find out everything you need to know about US S visas.
What is the S Visa and how does it work?
The S visa is a non – immigrant type visa in the United States that requires informants or witnesses to improve law enforcement and provide details about a criminal group operating in the United States. This is a temporary visa that does not allow you to stay in the United States indefinitely.
This visa was provided by the US government for citizens who would be denied entry to the US if they submitted for some other form of visa. The visa is also for those who are subject to deportation. Those with a criminal record or issues regarding their immigrant status also fall into this category.
The Commissioner of National Security will suspend such conditions of inadmissibility with the S visa. If the individual in question has confidential material on a potential terrorist group or activity, then the waiver is granted. The person will have to demonstrate that they are an important witness. Their details will have to contribute to the detection or prevention of criminal activity in the United States.
This permit is also beneficial for informants who know too much and are threatened in their native countries as a result. As long as they comply with the appropriate authorities, the US government can provide them with a safe place in the country.
The “undercover agents” can stay in the United States for three years on the S visa. They should adopt all US rules and laws during this time. They are able to qualify for an Employment Authorization and work while in the United States.
The United States has imposed a yearly fiscal cap on the S visa to ensure that it is not abused. Annually, only 250 S visas are available. There are 200 visas for crime informants and 50 visas for terrorism informants.
What are the different kinds of S visas?
S visas are divided into two categories: primary and derivative.
- The S-5 visa is for Crime Informants that provide helpful information that would lead to the prevention, discovery, and/or conviction of a crime syndicate
- a S-6 permit is for Terrorism Informants that can give valuable data leading to the prevention, discovery, and/or conviction of a criminal group or attack
- and the S-7 visa is for the S-5 and S-6 visa holders’ relatives. This involves their children and partners.
What are the requirements for a S visa?
There are two kinds of S visas, and each has its own set of criteria. The State Attorney is the principal authority for determining eligibility for the S-5 visa.
The following are the conditions for the S-5 permit for Terrorist Informants/investigators:
- The informant must have accurate knowledge about a key component of a felony or a crime that is about to be committed.
- The informant must be ready to reveal the data to US law enforcement; the informant’s involvement in the US is important to the effective examination or enforcement of the crime.
The following are the conditions for the S-6 visa
- The informant investigator must have trustworthy knowledge about a criminal organization’s or its operations.
- The source must be able to either share the details with US law enforcement authorities or testify in court.
- Because they provided this information, the informant is qualified for a State Department grant.
What is the procedure for obtaining a S visa?
An investigator is ineligible to request the S visa on their own. They must present themselves to law enforcement officials and demonstrate that they have useful knowledge. The officials will then decide whether the person qualifies for an S-5 or S-6 visa.
The law enforcement agency may submit an application if the individual is qualified. Type I-854, Inter-Agency Foreign Witness and Informant Record, is required to be submitted with the application. The Department of Enforcement Operations must also prepare a worksheet for Form I-854. Finally, all supporting documentation must be attached.
A declaration must also be written by the individual who is now being considered for a S visa. This statement certifies that the claimant has waived their right to a deportation examination as well as their right to appeal deportation. The request is then authorized by a high-ranking law enforcement official. After that, it’s sent to be judged.
In the end, the State Attorney, the Department Of State, as well as the OEO review the submission. They collaborate and come to a conclusion on the visa.
Reporting requirements for S visa
Once the informant or witness receives the S permit, they must adhere to certain guidelines in order to keep it. To begin, the S visa informants must cooperate with the enforcement agency that supported them on a daily basis. They should share all information they have about the potential terrorist group with them. They are also required to report on their daily activities. The agency would then report to the Department of Enforcement Operations of the Criminal Division and Homeland security.
The informants also must report to the Attorney General on a quarterly basis. Failure to fulfill your reporting obligations could result in deportation.
Finally, the informant must refrain from engaging in any illegal activity. If they commit crimes that would be punished by one or more years in jail, they may lose their nonimmigrant status.
What is the length of a S visa?
The S visa has a three-year validity period. The US government has decided that three years is a sufficient period of time for the witness or informant to pass on any sensitive information about illegal activities or terrorism.
An extension of the S visa is not possible. Owing to their inadmissibility, it is often challenging for the informant to apply for changes in status. However, applying for a Residency Permit could be a viable option.
Is it possible to get a Green Card while having a S Visa?
The S visa agent must make their request prior to the expiration of the visa in order to change the status and obtain a Green Card. To guarantee that they are eligible, they must take several measures.
The very first step is to obtain Form I-854, which includes letters demonstrating that the agent has met their obligation to law enforcement by reporting on a regular basis. The next step is to submit Form I-485 to USCIS, which is a request to obtain a permanent resident status or adjust status. The claimant must tick the “h” in part 2 of the document and write “S Non-immigrant” on the row beside it.
These supporting documents must also be attached to Form I-485 by the informant:
- Two pictures that meet the Photo Requirements in the United States
- Form I-693
- Entry/exit record copies, Form I-94
- A copy of every page of their travel document
- A letter detailing the informant’s departure and entry dates in the United States, as well as the reasons for his or her departure
- If the informants have dependents who are eligible for permanent residency, evidence of relations is needed. This includes documents such as marriage certificates and birth certificates
- Evidence that the informant worked while in the United States
- Receipts proving that every fee has been paid
