Can I Get a Green Card if I Witness a Crime?

If you witness a crime or have evidence related to illegal activity, you may be able to obtain a green card in the United States. Although you will start off with a nonimmigrant visa status, you may be granted permanent resident status after your legal obligations are fulfilled. Your spouse and children may also obtain a nonimmigrant visa and green card through your actions of helping law enforcement. Reach out to an immigration attorney in NYC for more information.

What is an S Visa?

An S visa is a type of United States visa reserved for individuals who assist law enforcement as a witness or informant. When a noncitizen is a witness of a crime or has some sort of crucial information, they can be rewarded for their help by being granted temporary legal residency in the U.S.

Eligibility for an S visa is dependent on the applicant’s possession of information as well as their willingness to share the information with a law enforcement agency. Whether the crime has already occurred or may occur, if the information is valuable the applicant can be awarded the S nonimmigrant visa.

How Can I Get an S Visa?

To gain S nonimmigrant status, a law enforcement agency must sponsor the applicant and apply on their behalf. They can fill out Form I-854 and an OEO (Office of Enforcement Operations) worksheet and submit them with supporting documents.

Can I Obtain a Green Card if I Witness a Crime?

If you have an S visa after acting as a witness or informant for a U.S. law enforcement agency, you may be eligible for lawful permanent resident status. A law enforcement agency can submit a green card application on your behalf once you have completed the terms and conditions of your S classification.

The application process is as follows.

1. Form I-854: The federal law enforcement agency that sponsored your application for an S visa will complete Form I-854, the Interagency Alien Witness and Informant Record. With this form, they will provide evidence that you fulfilled your S visa obligations.
2. Form I-485: Next, you will file the Application to Register Permanent Residence or Adjust Status. You must include supporting evidence including the following.

• • Two current photos
  • A copy of your birth certificate
  • Form I-693, the Report of Medical Exam and Vaccination Record
  • A copy of Form I-94, the Entry/Exit Record
  • Copies of every page in your passport OR an explanation of why you do not have a passport if you don’t possess one
  • A dated and detailed list of all arrivals and departures from the U.S. during the period of your S nonimmigrant status
  • Proof of employment
  • Fees

Once the appropriate forms and required documents have been submitted you will await a response from the USCIS (United States Citizenship and Immigration Services). For a relative of the S visa holder, follow the same instructions as above, but include evidence of your relationship to the visa holder.

For more information and to ensure your rights are protected speak with a skilled immigration lawyer in New York.