The US criminal investigation system is one of the most robust globally. To be effective, it relies on advanced technology and forensics, specialized law enforcement agencies, strong regulations, interagency collaboration, and rigorous training of enforcement officers. There’s also the use of informants and witnesses, who may include foreign nationals with critical information about specific US crimes and are considering aiding US law enforcement. In such cases, crime informants need an S-5 visa to enter the US and assist with investigations.
At Remitly we care about our customers’ safety and rights. With this S-5 visa guide, we aim to provide clear information on eligibility and on the documentation crime informants need to obtain an S-5 visa. Legal professionals, immigration advocates, law enforcement agencies potentially working with witnesses, and support organizations assisting such individuals will also find this information useful.
What is the S visa?
The S visa is a special nonimmigrant visa issued to foreign individuals assisting a law enforcement agency as an informant or witness in a criminal investigation and are in danger for sharing the information.
The US first began issuing S visas in 1996. The visa category was created under the Violent Crime Control and Law Enforcement Act of 1994, which amended the Immigration and Nationality Act (INA) to recognize foreigners with important information that would help US law enforcement successfully prosecute a criminal organization or enterprise.
The US government amended the law again in 2001 in October, after the September 11 attack. On November 29, 2001, Attorney General John Ashcroft announced the Responsible Cooperators Program, which provided additional benefits to nonimmigrant S visa holders.
Today, the visa remains firmly established under the Immigration and Nationality Act (INA), providing temporary legal status for informants who assist US law enforcement.
Types of S visas for informants helping criminal investigations
The S visa has two main categories.
The S-5 visa is for informants who assist in investigating criminal organizations, and the S-6 visa is for informants who provide information on terrorist organizations.
The S-5 visa for criminal informants accommodates 200 individuals per year, while the S-6 visa for terrorist informants admits 50 individuals per year. There’s no cap on the dependents of S-5 and S-6 holders.
Families of S-5 and S-6 visa holders may apply for the S-7 visa to join their kin in the US. These include spouses, married or unmarried children, and parents.
In this article, we will focus on the S-5 visa.
Quick overview of the S-5 visa
As mentioned, you’ll need an S-5 visa if you possess critical information on criminal activities and wish to aid US law enforcement as a witness or informant. These criminal activities include:
- Drug trafficking
- Organized crime
- Major fraud
S-5 visa validity and restrictions
The S-5 visa allows temporary residence in the US for up to three years. The visa is renewable provided you continue to meet S-5 visa requirements and provide law enforcement with the information necessary to the investigation.
Benefits of the S-5 visa for informants helping criminal investigations
Filing form I-854 to begin the S-status process is free.
Don’t worry if you’ve been ineligible to attain legal US immigration status or if you’re at risk of deportation. The Secretary of Homeland Security has the legal authority to exempt you from such restrictions, provided you meet the eligibility criteria for the S-5 visa.
Law enforcement such as the Federal Bureau of Investigations (FBI) and the embassy should not ask you about your immigration status when you offer information relating to criminal activities in the US.
They have been instructed to listen to you, evaluate the information, and then if you’re a fit, begin the process to obtain S visa status.
The US also may offer you a pathway to permanent residency through green cards for informants. With a green card, you can follow the usual immigration process and become a US citizen.
If an informant is ineligible for the S visa, US authorities may offer other discretionary support on a case-by-case basis. This might look like:
- Humanitarian parole or deferred action status, allowing informants to live in the US legally.
- Option to apply for work authorization.
- Option to seek permanent residency in the US.
- Option to follow normal immigration procedures to become US citizens.
S-5 visa program eligibility requirements
Not all witnesses are eligible for the US immigration program for criminal informants. The Attorney General determines your eligibility as guided by the INA.
To qualify, you must:
- Possess critical and verifiable information about US-based criminal investigations.
- Be willing to cooperate with US law enforcement and testify in court if necessary.
- Be sponsored by a US law enforcement agency.
- Show that your presence in the US will significantly influence the success of the criminal investigation and prosecution.
- The Secretary of State and the Attorney General jointly determine that you’re in danger if you share this information.
To remain eligible for the S-5 visa, you must report quarterly to the Attorney General. The US Citizenship and Immigration Services (USCIS) may begin the deportation process if you fail to meet the reporting requirements.
The supervising law enforcement agency also submits regular reports about you to the Department of Homeland Security (DHS) and the criminal division at the Office of Enforcement Operations (OEO) of the Department of Justice.
Documentation needed when applying for the S-5 visa program
To support your S-5 visa application, you’ll attach and submit the following documents to the immigration office:
- Proof of identity.
- Statement evidencing that you provided critical information to law enforcement.
- Form I-854, Inter-Agency Alien Witness and Informant Record.
- Document recommending approval, prepared by the Office of Enforcement Operations (OEO).
- Waiver of your rights to a deportation hearing and contest, if you were being deported.
The S-5 visa application process: A step-by-step guide
We recognize that the S-5 visa application process can be a complex and emotionally charged experience, especially if you’re cooperating with law enforcement and facing serious safety concerns. To help you navigate this critical process, we’ve outlined each step clearly below.
While this guide is a useful starting point, we strongly recommend consulting an experienced immigration attorney for personalized support.
Step 1: A federal, state, or local law enforcement agency makes an application on your behalf by filing form I-854 whether you’re outside the US, within the country but awaiting deportation, or are within the US and are of legal immigration status. They file with the S visa coordinator in the headquarters.
Under the S nonimmigrant program, courts and the United States Attorney’s office are considered law enforcement agencies.
Step 2: The Office of Enforcement Operations (OEO) prepares a worksheet and other supporting documents like your usefulness to an investigation or prosecution, the necessity of your presence in the US, expected cooperation, and risk assessments.
Step 3: A high-level official in the headquarters of the sponsoring law enforcement agency signs your form I-854.
Step 4: The Office of Enforcement Operations reviews your application.
Step 5: The Attorney General and the Department of Homeland Security (DHS) review the application. If approved, the USCIS gives the final nod.
Step 6: You then begin the normal immigration process for all visas by filling out form DS-160 on the online portal and printing the DS-160 confirmation page.
Step 7: Pay the nonrefundable visa application fee of $185 USD. Your sponsoring agency may pay the fee on your behalf, or have it waived. It depends on your situation.
Step 8: Schedule and attend an interview at a US embassy or consulate near you. Bring along important documents like a photo meeting US visa photo requirements and a valid passport.
Step 9: The immigration office conducts security background checks.
Step 10: Track your visa status online.
Step 11: Enter the US for an initial stay of three years.
Security measures to protect sensitive information and applicant identity
The S-5 visa application is a highly sensitive matter that requires strong security protocols throughout the process.
To ensure that your identity, safety, and confidential information are protected, the US government has implemented several measures:
- Only law enforcement sponsors your visa application—nobody else, not even you.
- Handling of form I-854 is restricted to authorized DHS, Department of Justice (DOJ), and USCIS personnel, and it’s submitted through secure government channels. This information isn’t accessible to the public.
- There is a strict chain of custody to account for who accessed what information, at what time, and for what purpose.
- If necessary, your case is sealed in court or marked as classified.
- Sometimes, interagency cooperation is needed to better investigate the case, which may involve enhanced protection. You may be assigned an alias or code name, and your identity may also be redacted from certain documents or protected under the Witness Security Program (WITSEC).
- If your case is very sensitive, you’ll do a closed interview to minimize exposure risk. Consular officers are only required to ask only need-to-know information.
- Your sponsoring agency keeps you safe in the US by confidentially monitoring and supervising your entry and stay in the country. In some instances, you may be restricted to one geographic location for safety.
- You must regularly report to the sponsoring law enforcement agency to help them keep you safe and remain eligible for the S-status.
S-5 visa renewal and adjusting status from S visa
To renew or change the status of your S-5 visa to permanent residency, the Attorney General must be involved, and there are conditions set to determine your eligibility.
You must have supplied the information required, and it must have substantially contributed to a successful investigation. You must have also received a reward under section 36(a) of the State Department Basic Authorization Act of 1956.
Section 36 outlines how the rewards program is designed to assist the US in preventing criminal activities such as international terrorism, international narcotics trafficking, serious violations of international humanitarian law, foreign election interference, transnational organized crime, and other criminal acts.
The section also empowers the Secretary of State and the Attorney General to administer the program.
Also, the law enforcement agency that sponsored your S-5 visa application must file form I-854 (Inter-Agency Alien Witness and Informant Record). Specifically, they’ll submit form I-854B, to request permission to apply for adjustment of status from an alien S nonimmigrant status to lawful permanent resident (LPR) status.
This form is different from form I-854A, which is filed by the same law enforcement agency when requesting your classification as an S nonimmigrant.
The Assistant Attorney General in charge of the Criminal Division of the Department of Justice, and the Assistant Secretary of Immigration and Customs Enforcement of the Department of Homeland Security must approve form I-854B before it’s filed.
Once form I-854B is approved, you may file for form I-485 (Application to Register Permanent Residence or Adjust Status).
While Homeland Security protects you from visa restrictions when attaining the S-5 status, adjustment of status brings new legal implications. For example, as a Legal Permanent Resident (LPR) you remain deportable for ten years after your adjustment date if you’re convicted of a crime that seriously violates the accepted moral standard in the US.
Common challenges S-5 visa applicants face
The S-5 visa can be challenging depending on how sensitive the case or investigation is. This means that you may find the S-5 visa application to be more stressful compared to other visa types. Here are some common hurdles S-5 applicants face:
Challenge one: Delayed approval due to incomplete documentation
Don’t panic. Relax and create a detailed checklist. Work with the law enforcement officer assigned to your case and a trusted immigration officer to get your documents right. Ensure that the information you provide matches all documents.
For example, misspelled names or date mismatches can cause a delay.
Challenge two: Concerns about anonymity and retaliation
The S-5 visa application process is sensitive because the information you provide may help dismantle a criminal organization, risking retaliation attempts. Anonymity keeps you safe.
The S-5 visa application process implements procedures that will keep you anonymous, protecting your identity. You can also bring your family to the US to keep them safe.
To help the government protect you, you must follow all guidelines.
It’s true—the S-5 visa application process is complicated, and you might feel overwhelmed by the legal complexities. Consider talking to your sponsoring law enforcement agency for orientation. They may also assign an immigration expert to guide you step by step, helping you make safe, informed decisions.
Don’t be afraid to ask for clarity, including requesting information in writing.
Ask for clear communication on your obligations—such as waiving certain rights, such as the right to contest deportation. Ensure you receive an explanation of the US legal and judicial process, your role as an informant or witness, expectations for cooperation, (like testifying or providing evidence), as well as the limits of protection and what support you can or can’t expect.
FAQs
What is the S-5 visa and who can apply for it?
The S-5 visa is for informants who contribute critical information in investigations of criminal organizations that violate US criminal law. Only law enforcement agencies can apply on behalf of the informant—you cannot apply for it yourself.
What types of crimes qualify for S-5 visa assistance?
Serious criminal activities like drug trafficking, organized crime, and major fraud may qualify.
Can S-5 visa holders apply for permanent residency?
Yes. You have a pathway to permanent residency through green cards for informants. With a green card, you can follow the usual immigration process and become a US citizen.
Are there safety measures in place for S-5 visa holders?
Yes, there are. Safety measures include the use of aliases, classified handling of information, the Witness Security Program (WITSEC), and application submission through secure, government channels.
How long does the application process take?
The S-5 visa application process does not follow a standard timeline like most other US visa categories. Processing time depends on the complexity of the criminal case, the urgency of your cooperation, and coordination between multiple US agencies. It can take as little as a few weeks and up to 15 months in complex cases.