When you witness a crime or illegal activity, the information you can provide law enforcement is often vital in ensuring those responsible for the crime are held accountable. If this represents your circumstances, it’s important to understand that as a witness to a crime, you may be able to obtain permanent residency in exchange for your cooperation with the police. The following blog explores what you should know about obtaining an S visa and how a New York City immigration lawyer can assist you through this difficult process.
What Options Do I Have for a Green Card as a Witness to a Crime?
If you have information pertaining to a crime that has or will occur and cooperate with the police, you can be issued an S visa. This will help ensure you can reside in the United States throughout the investigation into the crime, so law enforcement can continue to get the information necessary to prosecute this crime. It’s important to understand that cooperation with the police is necessary to receive an S visa. In addition, you should know that only state or federal law enforcement agencies are able to petition for an S visa on behalf of an informant.
Once the extent of your involvement with the police is through, you are likely eligible to apply for a green card granting your permanent residency in the United States. However, you cannot apply before fulfilling the terms and conditions of your cooperation with law enforcement. This is because the police must verify your involvement in an investigation for your green card application to be approved.
What Else Should I Know About This Process?
The application for a green card as the witness to a crime is a two-step process. The first step, as mentioned, is for the agency you cooperated with to complete and file a Form I-854, Interagency Alien and Informant Record. The agency must provide evidence that you assisted in a criminal investigation and include grounds of inadmissibility. If they do not include all applicable grounds, it could result in your deportation.
Once the Form I-854 has been completed, as the witness, you will complete a Form I-485, Application to Register Permanent Residence or Adjust Status. In the application, you must indicate that you are an S nonimmigrant.
It’s also important to understand that the dependents of those with S status are also eligible to apply for visas and subsequent green cards based on their family member’s status.
Obtaining a green card based on your status as a witness to criminal activity can be complex and overwhelming. As such, it’s in your best interest to obtain the assistance of an experienced attorney who can help ensure this process goes as smoothly as possible. When you need help, the Law Office of Jason A. Dennis is ready to guide you. We believe those who cooperate with law enforcement should reap the benefits of becoming a lawful permanent resident, which is why we will do everything in our power to help you through these complex times. Connect with us today to learn how we can help you.
