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S Visa ProgramStatutory and Regulatory Basis
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Section 130003 of the Violent Crime Control Act of 1994, Pub. L. No.
103-322, 103d Cong., 2d Sess. (1994), amended the Immigration and
Nationality Act to establish a new "S" nonimmigrant visa classification.
Section 130003 is codified in a number of places in Title 8 of the United
States Code, most notably in 8 U.S.C. § 1101(a)(15)(S) (defining
the "S" nonimmigrant classification), 8 U.S.C. § 1182(d) (waiver of
grounds for exclusion), 8 U.S.C. § 1184 (numerical limits, period and
conditions of admission, and reports to Congress), and 8 U.S.C.
§ 1255 (adjustment of status).
Regulations implementing the program were published at 60
Fed. Reg. 44260 et seq. (August 25, 1995),
and codified in relevant portions at 8 C.F.R. §§212.4(i) (waivers
of grounds of inadmissibility applicable to S visa appliants), 212.14
(parole determinations for S visa applicants), and 214.2(t) (procedures for
requesting S visa classification).
[updated September 2006] [cited in USAM 9-72.100] | |