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Witnesses/Informants in Criminal/
Counter-Terrorist Matters (S Visas)
The S nonimmigrant classification was established in 1994 and is reserved
for witnesses and/or informants in criminal and/or counter-terrorists matters,
including investigations and prosecutions of international narcotics
trafficking. Persons in possession of critical reliable information concerning a
criminal organization or enterprise, who is willing to supply or has supplied
such information to federal or state law enforcement authorities or court AND
whose presence in the United States the Attorney General determines is essential
to the success of an authorized criminal investigation or prosecution will be
eligible for this visa. Issuance of the visa is completely discretionary and
only an authorized law enforcement agency (LEA) can apply for the
classification. The application requires the concurrence of the Criminal
Division of the U.S. Department of Justice and, in the case of counter-terrorist
matters, the Secretary of State. After the LEA's application is certified, the
USCIS Commissioner's office must determine if the particular foreign national is
otherwise admissible and, if not, to consider a waiver. Final approval rests
with the Commissioner and admission is for a maximum of three (3) years
and. Extensions of stay are not permitted and neither are changes of status from
S status to another nonimmigrant status. However, change of status from another
nonimmigrant classification to S status is possible. Adjustment of status is
possible IF not inadmissible as a Nazi AND the provision of information has
substantially contributed to the success of the investigation.
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