An S nonimmigrant is an individual who has assisted a law enforcement agency as a witness or informant. A law enforcement agency may submit an application for permanent residence (a green card) on behalf of a witness or informant when the individual has completed the terms and conditions of his or her S classification. Only a federal or state law enforcement agency or a U.S. Attorney’s office may submit a request for permanent residence as an S nonimmigrant on behalf of a witness or informant. The requesting agency must also be the same agency that initially requested S nonimmigrant status on behalf of the individual. Qualifying family members of the principal S nonimmigrant may also be eligible to apply for a green card.
S nonimmigrants must go through a two step process to apply for a green card.
- Step One – File Form I-854, Interagency Alien Witness and Informant Record.
This form is to be completed by the federal or state law enforcement agency or U.S. Attorney’s Office that initially filed for the S nonimmigrant status on behalf of the individual.
Evidence that the witness or informant has fulfilled his or her obligations as an S nonimmigrant and provided information about all potential grounds of inadmissibility must be included with the completed and signed Form I-854 application. Failure to disclose all grounds of inadmissibility may result in the alien being removed (deported) from the United States. For more information on the grounds of inadmissibility for S visa nonimmigrants, please see the Form I-854 instructions.
- Step Two – After Form I-854 is approved, file Form I-485, Application to Register Permanent Residence or Adjust Status.
Applicants should check box “h” in part 2 of the I-485 application and write “S Nonimmigrant” or “S-Qualified Family Member” on the line next to box “h.”
Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:
- Two passport-style photos
- Form G-325A, Biographic Information, if you are between 14 and 79 years of age
- Copy of birth certificate
- Form I-693, Report of Medical Exam and Vaccination Record
- Copy of Form I-94, Entry/Exit Record
- Copies of all pages in your passport. If you do not have a passport, you should submit an explanation of why you do not have a passport.
- A list showing the dates of all arrivals and departures from the United States while you were in S nonimmigrant status with an explanation for each departure of why you left the United States;
- Evidence of the relationship to the principal S nonimmigrant witness or informant (e.g., birth certificate, marriage certificate) if you are filing for a green card as a derivative beneficiary of an S nonimmigrant
- Proof of employment
- Applicable fees