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.
You are an S nonimmigrant who has assisted a law enforcement agency as a witness or informant
You have completed the terms and conditions of your S classification
A federal or state law enforcement agency or U.S. Attorney's Office submits a request on your behalf
The requesting agency is the same agency that initially requested your S nonimmigrant status
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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
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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.
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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
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Documents Needed
Form I-854, Interagency Alien Witness and Informant Record (filed by law enforcement agency)
Form I-485, Application to Register Permanent Residence or Adjust Status
Two passport-style photos
Copy of birth certificate
Form I-693, Report of Medical Exam and Vaccination Record
Copy of Form I-94, Entry/Exit Record
Copies of all pages in passport (or explanation if no passport)
List of all arrivals and departures from U.S. while in S status with explanations
Evidence of relationship to principal S nonimmigrant (for derivative beneficiaries)
Proof of employment
Applicable fees
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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.