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]
| Symbol | Official class name | Section of law |
|---|---|---|
| S5 | Person Supplying Critical Information Relating to a Criminal Organization or Enterprise | INA 101(a)(15)(S)(i) |
| S6 | Person Supplying Critical Information Relating to Terrorism | INA 101(a)(15)(S)(ii) |
| S7 | Qualified Family Member of S5 or S6 | INA 101(a)(15)(S) |
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
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]
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]
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
| Form | Fee |
|---|---|
| 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 |
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- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
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]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.8 CFR 214.2(t) - Alien witnesses and informantseCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 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
- 3.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 4.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 5.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 6.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 7.Green Card for an Informant (S Nonimmigrant) - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 8.22 CFR 41.12eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 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
- 10.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 11.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026