S Visas are issued pursuant to INA §101(a)(15)(S), 8 U.S.C. §1101(a)(15)(S); 8 C.F.R. §§212.4(i), 212.1, 214.2, 245.11, 248.3(h), 1212.1, 1212.4(i), 1245.11; 60 FR 44258, 44260 (Aug. 25, 1995); 22 C.F.R. §41.83.
1. S-1 Visa is issued to a Person 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 U.S. the AG determines is essential to the success of an authorized criminal investigation or prosecution.
2. S-2 Visa issued to a Person(s) who both the Secy. of State and AG jointly determine:
a. Is in possession of critical reliable information concerning a terrorist organization, enterprise or operation;
b. Is willing or has supplied such information to federal law enforcement authorities or federal court;
c. Will be or has been placed in danger as a result of providing such information; and
d. Is eligible to receive an award under 22 U.S.C. §2708(a).
3. Number of Visas/Length of Stay
Only 200 visas for S-1 per year and 50 for S-2 are authorized.
Maximum admission is 3 years. AG not permitted to grant extension.
No Change of Status from S visa. However, can change of status to S Visa 8 C.F.R. §248.3(h).
4. Spouse, married or unmarried sons and daughters, and parents may accompany or follow to join S-1 visa holder and issued S-2 Visas.
5. Adjustment of Status-S-1 or S-2 and family (spouse, children, son or daughter, parents) if admitted as S may adjust if they are not inadmissible as a Nazi and the provision of information has substantially contributed to the success of the investigation, and in the case of S-2s, has also resulted in receiving a DOS reward.
Contact Our Firm
To schedule an appointment with Los Angeles visa attorney Artem M. Sarian, contact Sarian Law Group, APLC. We have offices in Glendale and Los Angeles, California, to serve you.
