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S-1 Witness

 

S-1 Witness

Subject to INA § 214(k) an alien may be admitted as an S nonimmigrant: (1) if the Secretary of Homeland Security determines: (a) the alien is in possession of critical reliable information concerning a criminal organization or enterprise; (b) the alien is willing to supply or has supplied such information to federal or state law enforcement authorities or a federal or state court; and/or (c) the alien’s 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 criminal organization or enterprise; (2) if the Secretary of State and the Secretary of Homeland Security jointly determine that the alien: (a) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (b) is willing to supply or has supplied such information to federal law enforcement authorities or a federal court; (c) will be or has been placed in danger as a result of providing such information; and (d) is eligible to receive a reward under § 36(a) of the State Department Basic Authorities Act of 1956. If the Secretary of Homeland Security (or with respect to clause (2), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (1) or (2) if accompanying or following to join, the alien may receive S classification as well. The number of aliens who may be provided a visa as nonimmigrants under clause (1) above in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under clause (2) above in any fiscal year may not exceed 50. The visa classifications for such nonimmigrants are S-5 (certain aliens supplying critical information relating to a criminal organization or enterprise) and S-6 (certain aliens supplying critical information relating to terrorism).[FN6] State Department regulations provide that an alien is classifiable under the provisions of INA § 101(a)(15)(S) if: (1) the consular officer is satisfied that the alien qualifies under the provisions of that section, and (2) the consular officer has received verification from the State Department’s Visa Office that: (a) in the case of INA § 101(a)(15)(S)(i), the U.S. Citizenship and Immigration Services (USCIS) has certified on behalf of the Secretary of Homeland Security that the alien is accorded such classification, or (b) in the case of INA § 101(a)(15)(S)(ii), the Assistant Secretary of State for Consular Affairs on behalf of the Secretary of State, and the USCIS on behalf of the Secretary of Homeland Security, have certified that the alien is accorded such classification, and (3) the alien is granted a waiver under INA § 212(d)(1) [8 USCA § 1182(d)(1)] of any ground of ineligibility under INA § 212(a) that is known at the time of verification. The certification of status under INA § 101(a)(15)(S)(i) by the Secretary of Homeland Security, or of status under INA § 101(a)(15)(S)(ii) by the Secretary of State and the Secretary of Homeland Security acting jointly, does not establish that the alien is eligible to receive a nonimmigrant visa.[FN8] The period of validity of an S-5 or S-6 visa cannot exceed the period indicated in the certification of status and cannot in any case exceed the period of three years.

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