1863
S Visa ProgramApplication Procedures
|
Applications for S nonimmigrant visa classification may be made by
Federal, State, or local law enforcement agencies or by a court.
United States Attorney's Offices are considered to be law
enforcement agencies for purposes of this Program. Applications may be made
for aliens who are in other countries awaiting entry into the United States,
or for aliens who are already in this country but who are subject to
deportation.
To apply for S visa classification on behalf of an eligible alien, a
sponsoring law enforcement agency must complete a Form I-854 and a worksheet
prepared by the Office of Enforcement Operations, together with the
supporting documents specified in those forms. The forms can be obtained
from the Policy and Statutory Enforcement Unit in OEO or from a federal law
enforcement agency's S visa program coordinator. As part of Form I-854,
adult aliens must execute a certification that they have knowingly waived
their rights to a deportation hearing and to contest, other than on the
basis of an application for withholding of deportation, any deportation
action, including detention pending deportation, instituted before lawful
permanent resident status is obtained. The Form I-854 must be signed by a
high-level official in the headquarters of the sponsoring law enforcement
agency, and by the United States Attorney in all cases in which a United
States Attorney's Office is involved. In the case of State and local
investigations and prosecutions, the United States Attorney in the Federal
district in which the State or local investigation or prosecution has been
initiated must agree to the request and sign the Form I-854 in order to
ensure that the proposed action will not interfere with any Federal
interest.
Federal investigative agencies should file applications through the S
visa coordinator in the Headquarters office of those agencies. Completed
applications are forwarded to and reviewed by the Policy and Statutory
Enforcement Unit in the Office of Enforcement Operations.
[updated September 2006] [cited in USAM 9-72.100] | |