Visa for aliens assisting law enforcement as informants
S-1 Material Witness Is a Good Alternative to the U-1 Visa
“Have you been a victim of Crime? Don’t wait years for the U-1 Visa. Rather, you might qualify for the S-1 Material Witness Visa and get status years earlier. “
— Brian D. Lerner, Immigration Lawyer
You might qualify for the U Visa if not for the S Visa.
Basic S-1 Requirements
You have to be in possession of critical reliable information concerning a criminal organization or enterprise.
Next, you are willing to supply or has supplied such information to federal or state law enforcement authorities or a federal or state court; and/or your presence in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.
Family Derivative S-1 Visas
Your family ight qualify to get S Visas as well if you qualify.
Immigration would have to consider it to be appropriate.
If so, then your spouse, married and unmarried sons and daughters, and parents could all qualify for derivative visas.
Numerical Limits of S-1 Visa
The number of people who may be provided a visa as nonimmigrants in any fiscal year may not exceed 200.
The visa classifications for such nonimmigrants are S-5 (certain aliens supplying critical information relating to a criminal organization or enterprise) and S-6 (certain aliens supplying critical information relating to terrorism).
It is not absolutely necessary that the S-1 Visa be issued in the U.S.
It is possible that the Consular Official could also determine qualification
If you have a criminal history and/or are inadmissible under various crimes, you can apply for a Waiver under the S-1 Regulations.
You need to get a certification from the proper government official in regards to the S-1 Visa to proceed forward.
The period of validity of an S-5 or S-6 visa cannot exceed the period indicated in the certification of status and cannot in any case exceed the period of three years.
Getting the Green Card from the S-1 Visa
Only after the S nonimmigrant has completed the terms of their cooperation with law enforcement may they apply for their green card. The green card application is a two-step process—the law enforcement agency that petition the visa holder must first file a record of the applicant’s cooperation before the applicant can file their application for adjustment of status.
How does one qualify for an S-5 visa?
To qualify for an S-5 visa, the Attorney General must determine that the person
- Possess reliable information regarding an important aspect of a crime or pending
commission of a crime, - Is 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.
How does one qualify for an S-6 visa?
To qualify for an S-6 visa, both the Attorney General 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.