Government Informants Visas 

S-1 Visa. 

Person in possession of critical and reliable information concerning a criminal organization or enterprise and 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 Attorney General determines is essential to the success of an authorized criminal investigation or prosecution. 

S-2 Visa. 

Persons who both the Secretary of State and Attorney General jointly determine:

• Is in possession of critical reliable information concerning a terrorist organization, enterprise or operation;
• Is willing or has supplied such information to federal law enforcement authorities or federal court;
• Will be or has been placed in danger as a result of providing such information; and
• Is eligible to receive an award under 22 USC § 2708(a).

Number of Visas/Length of Stay:

• 200 visas for S-1 per year; 50 for S-2.
• Maximum admission is 3 years. Attorney General not permitted to grant extension.
• No Changing status from S visa. However, can change status to S visa.
• There are reporting provisions tied to the visa.
• Attorney General can waive grounds of inadmissibility under INA 212(d)(1), except for Nazis.
• Must waive right to contest removal, except for withholding.
• Spouse, married or unmarried sons and daughters, and parents may accompany or follow to join if Attorney General (for S-1s) or Secretary of State and Attorney General (for S-2s) deem it O.K.
• 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 State Department reward.

Procedure to apply for S visa:

• Application made on I-854. Application shall include evidence of:
• (i) applicant's cooperation; (ii) the need for her presence; (iii) grounds of inadmissibility; (iv) factors warranting favorable exercise of discretion.
• Can only be filed by federal or state law enforcement agency (LEA).
• Filed with the Asst. Attorney General, Criminal Division, who will then certify and forward it to INS Commissioner.
• U.S. Attorney with jurisdiction over the investigation or prosecution, as well as the highest level of state or federal LEA, must also endorse the I-854.
• If approved S visa holder, must report quarterly to LEA. Must also report change of telephone number, address and travel plans.
• Can lose S status if: (i) terms of status not met; (ii) conviction of a criminal offense punishable by 1 year or more; (iii) it is in the public interest.

Parole:

• INS may also parole a person into the U.S. where state or federal LEA is prepared to apply for S visa.