Employment-Based Fourth Preference

EB-4 Green Card for an Informant (S Nonimmigrant)

An S nonimmigrant is an individual who has assisted a law enforcement agency as a witness or informant. A law enforcement agency may submit an application for permanent residence (a Green Card) on behalf of a witness or informant when the individual has completed the terms and conditions of his or her S classification. Qualifying family members of the principal S nonimmigrant may also be eligible to apply for a Green Card.

Book a Consultation Free Case Evaluation
01

Eligibility Requirements

02

Regulatory Criteria

Who May Request Permanent Residence

Only a federal or state law enforcement agency or a U.S. Attorney's office may submit a request for permanent residence as an S nonimmigrant on behalf of a witness or informant.

Examples
  • Federal law enforcement agencies
  • State law enforcement agencies
  • U.S. Attorney's Office
  • The requesting agency must be the same agency that initially requested S nonimmigrant status

Step One: Form I-854

The first step is for the law enforcement agency to file Form I-854, Interagency Alien Witness and Informant Record, on behalf of the S nonimmigrant.

Examples
  • Form I-854 to be completed by the federal or state law enforcement agency
  • May also be filed by U.S. Attorney's Office that initially filed for S status
  • Evidence that witness/informant has fulfilled obligations as S nonimmigrant
  • Information about all potential grounds of inadmissibility must be included
  • Failure to disclose all grounds of inadmissibility may result in removal from United States

Step Two: Form I-485

After Form I-854 is approved, the S nonimmigrant must file Form I-485, Application to Register Permanent Residence or Adjust Status.

Examples
  • File I-485 after I-854 is approved
  • Check box 'h' in part 2 of the I-485 application
  • Write 'S Nonimmigrant' or 'S-Qualified Family Member' on the line next to box 'h'
  • Submit all required supporting evidence

Grounds of Inadmissibility

S nonimmigrants must provide information about all potential grounds of inadmissibility as part of the Form I-854 application.

Examples
  • All grounds of inadmissibility must be disclosed
  • Failure to disclose may result in removal (deportation)
  • See Form I-854 instructions for specific grounds
  • Waivers may be available for certain grounds

Family Members

Qualifying family members of the principal S nonimmigrant may also be eligible to apply for a Green Card as derivative beneficiaries.

Examples
  • Family members file as 'S-Qualified Family Member'
  • Must provide evidence of relationship to principal S nonimmigrant
  • Marriage certificate for spouse
  • Birth certificate for children
03

Application Process

Complete S Status Obligations

Fulfill all terms and conditions of S nonimmigrant classification.

Agency Files I-854

Law enforcement agency files Form I-854 on your behalf.

I-854 Approval

Wait for USCIS to approve the I-854 application.

File Form I-485

After I-854 approval, file for adjustment of status.

Medical Exam

Submit Form I-693, Report of Medical Exam and Vaccination Record.

Green Card

Receive permanent resident status upon approval.

04

Key Benefits

Permanent residence (Green Card) for witnesses and informants who assisted law enforcement
Recognition of service to U.S. law enforcement
Qualifying family members may also obtain Green Cards
Path to U.S. citizenship after 5 years
05

Documents Needed

06

Frequently Asked Questions

What is an S nonimmigrant?
An S nonimmigrant is an individual who has assisted a law enforcement agency as a witness or informant. S visa holders provide critical assistance to law enforcement in criminal investigations or prosecutions.
Who can file Form I-854 on my behalf?
Only a federal or state law enforcement agency or a U.S. Attorney's Office may submit a request for permanent residence on your behalf. The requesting agency must be the same agency that initially requested your S nonimmigrant status.
What is the two-step process for applying?
Step One: The law enforcement agency files Form I-854 on your behalf. Step Two: After I-854 is approved, you file Form I-485 to apply for adjustment of status to permanent resident.
What if I don't disclose all grounds of inadmissibility?
Failure to disclose all grounds of inadmissibility may result in you being removed (deported) from the United States. It is essential to provide complete and accurate information on Form I-854.
Can my family members also get Green Cards?
Yes. Qualifying family members of the principal S nonimmigrant may also be eligible to apply for a Green Card as derivative beneficiaries. They must provide evidence of their relationship to you.
What should I write on the I-485 application?
Check box 'h' in part 2 of the I-485 application and write 'S Nonimmigrant' or 'S-Qualified Family Member' on the line next to box 'h'.

Need help with your immigration case?

Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.

Book a Consultation Free Evaluation
For informational purposes only — not legal advice · Consult an attorney for your specific situation.