S- Visa & Status

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), 1245.1, 60 Fed. Reg. 44258, 44260 (Aug. 25, 1995); 22 C.F.R. §41.83.

  1. S-1 Visa applies 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 applies to persons who both the Secretary of State and the Attorney General jointly determine:
    1.Is in possession of critical reliable information concerning a terrorist organization, enterprise or operation;
    2.Is willing or has supplied such information to federal law enforcement authorities or to a federal court;
    3.Will be or has been placed in danger as a result of providing such information; and
    4.Is eligible to receive an award under 22 U.S.C. §2708(a).
  3. There are 200 visas for S-1 per year; 50 for S-2. Maximum admission is 3 years. The Attorney General is not permitted to grant an extension of stay.