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S Visa ProgramEligibility
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The number of alien witnesses and informants who may be admitted into
the United States pursuant to the S Visa Program is limited by law, and is
currently set by Congress at 200 per fiscal year for aliens who provide
critical, reliable information necessary to the successful investigation or
prosecution of a criminal organization, and an additional 50 per fiscal year for
aliens who
provide critical, reliable information concerning a terrorist organization
and who qualify for a reward under the Department of State's rewards
program. 8 U.S.C. § 1184(k)(1). See also 22 U.S.C.
§
2708(a) (Department of State rewards program). There can be no carryover of
allocated S visa slots into the next fiscal year. Certain family members
of the alien providing the informationspouse, parents, and
childrenare also eligible for admission into the United States in an S
nonimmigrant derivative status, 8 U.S.C. § 1101(a)(15)(S), and these
persons do not
count against the numerical limits.
The S nonimmigrant classification is generally available to aliens who
would otherwise be inadmissible to or deportable from the United States (for
example, due to criminal convictions or certain problems with immigration
status). The statute authorizes the Secretary of Homeland Security to waive
most grounds of inadmissibility. The program is particularly useful for
witnesses or informants who would otherwise be in danger in their home
countries. It is also a substantial benefit for many other witnesses and
informants who might not otherwise be able legally to enter or remain in the
United States.
Questions concerning the eligibility of cooperating aliens for S visa
status should be directed to the Policy and Statutory Enforcement Unit in the
Office of Enforcement Operations, Criminal Division, at (202) 305-4023.
[updated September 2006] [cited in USAM 9-72.100] | |