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Explore visasI-854Overview

S-5 / S-6 / S-7Informant on criminal or terrorist organizations

For witnesses and informants with critical, reliable information about a criminal organization or terrorism, when a U.S. law enforcement agency requests the status for them, and for certain family members.

At a glance

How you apply
Only a law enforcement agency can request S status for you. A federal or state law enforcement agency (LEA) that directly needs your information, including a federal or state court or a U.S. Attorney's Office, files Form I-854, Inter-Agency Alien Witness and Informant Record, with the Assistant Attorney General, Criminal Division, U.S. Department of Justice. For S-6, the classification for information on terrorism, the request comes from a federal agency. If the Assistant Attorney General recommends approval, U.S. Citizenship and Immigration Services (USCIS) decides
Checked Oct 18, 2026[1,2]
How long you can stay
No more than 3 years, and that period cannot be extended
Checked Oct 18, 2026[2,3]
Can family come
Your spouse, married and unmarried sons and daughters, and parents may be granted S-7 status when accompanying or following to join you, if approved. The agency must name them on Form I-854; family members not named are not eligible
Checked Oct 18, 2026[1,2]
Can you work
Only after you are granted employment authorization. The application is Form I-765 under category (c)(21), which covers the principal and qualified family members. The regulation requires the responsible agency to assist with the application, and the State Department's manual says the law enforcement agency or U.S. Attorney's Office files it on your behalf
Checked Oct 18, 2026[1,2,4]
Fee
Form I-854 has no USCIS filing fee. Form I-765 and Form I-485 have fees (see Fees)
Checked Oct 18, 2026[5,6]

What S status is

S nonimmigrant status, often called an S visa, is for witnesses or informants supplying critical information relating to a criminal organization (S-5) or relating to terrorism (S-6). S-7 is used for qualifying family members of either. USCIS describes an S nonimmigrant as someone who has assisted a law enforcement agency as a witness or informant.[2,7]

Visa classification symbols for S status, as listed in 22 CFR 41.12 (INA is the Immigration and Nationality Act)
SymbolOfficial class nameSection of law
S5Person Supplying Critical Information Relating to a Criminal Organization or EnterpriseINA 101(a)(15)(S)(i)
S6Person Supplying Critical Information Relating to TerrorismINA 101(a)(15)(S)(ii)
S7Qualified Family Member of S5 or S6INA 101(a)(15)(S)
Checked Oct 18, 2026[8]

Who qualifies

S-5: information on a criminal organization

  • The Director of USCIS may classify you as S-5, in the exercise of discretion, if you have critical, reliable information about a criminal organization or enterprise; you are willing to supply, or have supplied, that information to a federal or state law enforcement agency (the statute also names a federal or state court); and the U.S. Attorney General has determined that your presence in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the organization or enterprise.[2,9]

S-6: information on terrorism

  • The Secretary of State and the Director of USCIS may jointly classify you as S-6, in the exercise of discretion, if you have critical, reliable information about a terrorist organization, enterprise or operation; you are willing to supply, or have supplied, that information to federal law enforcement authorities (the statute also names a federal court); you will be or have been placed in danger because of providing it; and you are eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)).[1,2,9]

Your spouse, married and unmarried sons and daughters, and parents may be classified as S-7 when accompanying or following to join you, if USCIS (for family of an S-5) or the Secretary of State and USCIS acting jointly (for family of an S-6) consider it appropriate. An S-7 is subject to the same period of admission, limitations and restrictions as the S-5 or S-6, and must be identified by the requesting agency on Form I-854 to qualify; family members not identified on it are not eligible for S classification.[1,2]

How a request moves

  1. The agency prepares Form I-854

    The agency completes Form I-854 (the State Department's manual calls the S request Form I-854-A) with attachments showing the nature of your cooperation, the need for your presence in the United States, all conduct or conditions that may make you inadmissible, and the reasons a favorable waiver is warranted. The U.S. Attorney with jurisdiction over the investigation or prosecution must certify and endorse it, and the agency's own certification must come from its headquarters (seat-of-government) level if federal, or its highest level if a state agency. You, and any family member on the request who is 18 or older, sign a statement on the form acknowledging that you are limited to the specific terms of the S provisions of the law as the only means by which you may remain permanently in the United States.[1,2]

  2. Justice Department review

    The agency sends the form and all required attachments to the Assistant Attorney General, Criminal Division, U.S. Department of Justice, who considers the negative and favorable factors in your case. Where necessary, an advisory panel of agency representatives reviews the application and prioritizes cases in light of the annual numerical limit, to determine which cases are forwarded. Only properly certified applications that fall within the limit go on (an S-6 request must also be certified by the Secretary of State), and USCIS receives the application for a decision if the Assistant Attorney General recommends approval.[1,2]

  3. USCIS decides

    If USCIS approves, admission is authorized for no more than 3 years. A decision to deny is sent in writing to the agency and to the Assistant Attorney General, who has 7 days to object (an objection goes to the Deputy Attorney General for a final resolution); neither you nor the agency has a right to appeal a denial. Most S applicants are already in the United States; if you are outside the country, the request for an S visa then goes to the Secretary of State, and it cannot go there unless USCIS has approved and forwarded it.[1,2]

The State Department's manual notes that, instead of an S visa or to prepare for an S application from inside the United States, the agency may prefer to ask for you to be paroled into the United States, which is decided case by case.[2]

Conditions while in S status

  • As a condition of admission and of staying in lawful status, the law requires you to report at least quarterly to the Attorney General on your whereabouts and activities; not to be convicted, after admission, of a criminal offense punishable by imprisonment of 1 year or more; to have signed a form waiving your right to contest any removal action begun before you become a permanent resident, other than by applying for withholding of removal; and to follow any other condition, limitation or restriction the Attorney General imposes. Under the regulation, the agency responsible for you must make sure you report to it quarterly, tell it about any change of home or work address or phone number and any travel plans, obey the law and the terms, limitations and restrictions on your visa, Form I-854 or any waiver, and cooperate with it.[1,3]
  • If the terms and conditions of your S status will not be or have not been met, or have been violated, if you are convicted of a criminal offense punishable by imprisonment of 1 year or more, if you otherwise become deportable, or if it is otherwise appropriate or in the public interest, the regulation directs immigration authorities to proceed with deportation. Neither you nor the agency has a right to appeal a decision to deport.[1]

Fees

USCIS filing fees that apply to S nonimmigrants. Source: Form G-1055, edition 10/07/26. These are the general fees for each form; the schedule lists reduced fees or exemptions for some situations, so the amount can depend on your facts.
FormFee
Form I-854, Inter-Agency Alien Witness and Informant Record (filed by the agency)$0
Form I-765, work permit (Employment Authorization Document, EAD), general filing$520 on paper; $470 online
Form I-765, if you filed Form I-485 with a fee on or after April 1, 2024 and it is still pending$260
Form I-485, green card application (adjustment of status), general filing$1,440 on paper; $1,390 online
Form I-485, applicant under 14 filing together with the Form I-485 of one parent$950 on paper; $900 online
Checked Oct 18, 2026[5,6]

Getting a green card

An S nonimmigrant can apply to adjust status to permanent resident only at the request of a law enforcement agency. Only a federal or state law enforcement agency or a U.S. Attorney's Office may request a green card for you, it must be the same agency that originally requested your S status, and it may do so when you have completed the terms and conditions of your S classification.[7,10]

It is a two-step process. First, the agency that requested your S status files Form I-854 (the State Department's manual calls this request Form I-854-B; the Assistant Attorney General, Criminal Division, reviews and certifies it before it goes to USCIS), with evidence that you have fulfilled your obligations as an S nonimmigrant and information about all potential grounds of inadmissibility; failing to disclose all of them may result in removal (deportation) from the United States. Second, after Form I-854 is approved, you file Form I-485, Application to Register Permanent Residence or Adjust Status, and check the box “S Nonimmigrants and Qualifying Family Members” in Part 2, item 3.g.[2,7]

Evidence USCIS lists for Form I-485

  • Two passport-style photos; a copy of your birth certificate; Form I-693 (the immigration medical exam) or a partial Form I-693 if applicable, which must then be submitted with the Form I-485 or the I-485 may be rejected; a copy of Form I-94; copies of all passport pages, or an explanation of why you have no passport; a list of all your arrivals in and departures from the United States while in S status, with an explanation of why you left each time; proof of employment; and the applicable fees. A family member filing as a derivative of the S principal also includes evidence of the relationship, such as a birth or marriage certificate.[7]

Recent policy changes

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

Is there a limit on how many S visas are given each year?

Yes. By law, no more than 200 people in a fiscal year may be provided a visa under the criminal-information clause (S-5), and no more than 50 under the terrorism clause (S-6). The Justice Department forwards to USCIS only certified applications that fall within the annual limit.[1,3]

Does S status promise a green card?

No. As a condition of the request, the agency agrees that no promises may be, have been or will be made that you will or may remain in the United States in S or any other nonimmigrant status or parole, become a permanent resident, or otherwise try to remain beyond a 3-year period other than by the means section 101(a)(15)(S) of the Immigration and Nationality Act allows. A green card request depends on the same agency filing for you after you have completed the terms of your S status.[1,7]

Can I change from S to another visa status?

Generally not. An S nonimmigrant is prohibited from changing to any other nonimmigrant classification, and S status cannot be extended beyond a total of 3 years. The State Department's manual, citing INA 248(a)(1) and 8 CFR 248.2(a)(2), notes one exception: U status, which is for victims of certain qualifying criminal activities.[1,2,11]

Can my family members get green cards too?

They may be able to. The State Department's manual says S-7 family members may adjust status if the S-5 or S-6 principal's adjustment application is granted, and USCIS says qualifying family members of the principal S nonimmigrant may also be eligible to apply for a green card.[2,7]

Content last reviewed: Oct 18, 2026 · General information, not legal advice.

Sources

  1. 1.8 CFR 214.2(t) - Alien witnesses and informantseCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  2. 2.9 FAM 402.6 WITNESSES, INFORMANTS AND VICTIMS – S, T, AND U VISASU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
  3. 3.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  4. 4.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  5. 5.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
  6. 6.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  7. 7.Green Card for an Informant (S Nonimmigrant) - USCISUSCIS · Agency page · Checked Oct 18, 2026
  8. 8.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  9. 9.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  10. 10.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
  11. 11.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026