What is an S Visa?

individuals who are cooperating with law enforcement authorities in a criminal investigation or prosecution. The S visa is also known as the “witness visa” or “informant visa.”

There are two types of S visas: S-5 and S-6.

The S-5 visa is for individuals who are coming to the United States to provide testimony in a criminal investigation or prosecution. This visa is for the primary witness, or someone who has knowledge of the facts of the criminal activity.

The S-6 visa is for individuals who are the spouse, child, or unmarried partner of an S-5 visa holder, and who are accompanying or following to join the S-5 visa holder in the United States. The S-6 visa holder must be able to demonstrate that they have a bona fide relationship with the S-5 visa holder, and that they would face hardship if they were not able to enter the United States with the S-5 visa holder.

It’s important to note that the S-5 and S-6 visas are discretionary and the decision of granting it is in the consular officer discretion. The S-visa process can be complex and may require the assistance of an attorney who is experienced in immigration law.

Who Qualifies for S Visa?

To qualify for an S visa, an individual must:

• Have knowledge of facts concerning a certain criminal activity,
• Be willing to provide testimony or other information about the criminal activity to a U.S. law enforcement agency or court,
• Be able to provide useful and reliable information,
• Not be the perpetrator of the criminal activity in question.

The S visa is issued to individuals who can provide critical information to authorities in connection with a criminal investigation or prosecution, and it is intended to protect them and their families from retaliation.

How to Apply for S Visa?

The process for applying for an S visa can be complex and may require the assistance of an attorney who is experienced in immigration law. However, in general, the following steps may be involved in the application process:

1. Contact a law enforcement agency: The individual must first contact a U.S. law enforcement agency, such as the Federal Bureau of Investigation (FBI) or the Department of Homeland Security (DHS), and provide information about the criminal activity in question.
2. Obtain a certification from a U.S. law enforcement agency: The law enforcement agency must determine that the individual’s testimony or other information is needed in a criminal investigation or prosecution and must provide a certification letter.
3. Gather required documentation: The individual must provide all the required documents such as valid passport, completed and signed form DS-160, Nonimmigrant Visa Application, a recent photograph, and a certification letter from the U.S. law enforcement agency.
4. Schedule an interview: After the application is complete, an interview at the nearest U.S. consulate or embassy must be scheduled.
5. Pay the visa application fee: A non-refundable application fee must be paid at the time of the interview.
6. Attend the interview: The individual must attend the scheduled interview at the consulate or embassy, where they will be required to present all required documents and answer any questions related to their application.
7. Wait for the decision: After the interview, the individual must wait for a decision on their application. The processing time will vary depending on the individual’s circumstances and the specific visa type.

It is important to note that the process can be different based on the location and it’s always a good idea to check the U.S. embassy or consulate website where the interview will take place for specific instructions. Additionally, it’s advisable to apply well in advance of the intended travel date as the process can take some time and unforeseen delays may occur.

What is the S Visa Interview Process?

The interview process for an S visa is similar to the interview process for other nonimmigrant visas. The individual will be required to attend an in-person interview at the nearest U.S. consulate or embassy. During the interview, the individual will be required to present all required documents and answer any questions related to their application.

1. The consular officer will check the individual’s passport, visa application form, and other required documents to ensure that they are complete and accurate.
2. The consular officer will ask the individual questions about their background, reasons for traveling to the United States, their relationship with the U.S law enforcement agency, and the details of the criminal activity they have knowledge of.
3. The consular officer will also verify the individual’s ties to their home country, and will assess whether the individual has a credible plan to return home at the end of their trip.
4. The consular officer may also conduct additional security checks if necessary.

What are the Required Documents for S Visa?

The required documents for an S visa will vary depending on the individual’s circumstances. However, in general, the following documents may be required as part of the application:

• A valid passport
• A completed and signed Form DS-160, Nonimmigrant Visa Application
• A recent photograph of the applicant
• A certification letter from a U.S. law enforcement agency, confirming that the individual’s testimony or other information is needed in a criminal investigation or prosecution
• Evidence of the individual’s ties to their home country, such as proof of employment, property ownership, or family relationships.

What is the S Visa Fee?

The visa application fee for an S visa is the same as for other nonimmigrant visa types, which is $160 as of 2021.

This fee is a non-refundable processing fee, which must be paid at the time of the visa interview. It is important to note that this fee is subject to change without notice and it’s always a good idea to check the U.S. government website for the most up-to-date information on visa fees.

What is the S Visa Processing Time?

The processing time for an S visa will vary depending on the individual’s circumstances, the specific visa type, and the workload of the U.S. consulate or embassy where the application is being processed.

S Visa Frequently Asked Questions

1. Can I work with an S visa?

S visa holders are allowed to work in the United States.

2. Can I bring my family with me on an S visa?

S visa holders may be eligible to bring their immediate family members (spouse and unmarried children under 21 years of age) with them to the United States on an S-6 visa. The S-6 visa holder must be able to demonstrate that they have a bona fide relationship with the S-5 visa holder, and that they would face hardship if they were not able to enter the United States with the S-5 visa holder.

3. Can I change my status from an S visa to a different visa category?

It is possible to change your status from an S visa to a different visa category if you meet the requirements and qualifications for the new visa category, and if the U.S. Citizenship and Immigration Services (USCIS) approves the change of status.

4. Can I extend my S visa?

It is possible to extend the stay of an S visa if the individual’s circumstances have not changed, and if the U.S. Citizenship and Immigration Services (USCIS) approves the extension.

5. Can I apply for a green card with an S visa?

S visa holders may be eligible to apply for a green card once they have completed their cooperation with the law enforcement agency and have met the other requirements for a green card.