Self-Petitions and Adjustment of Status
The Immigration and Nationality Act has provisions for self-petitioning individuals who meet the requirements of the law. Self-petitioners include: battered spouses and children; battered parents; spouses, parents and children of servicemen killed in combat; widows and widowers; and certain Cuban spouses.
Self-petition is available also in the employment-based context. Aliens with extraordinary abilities who intend to engage in the occupation in which they have reached the pinnacle of excellence, as well as aliens who will work in occupations that will serve the national interest may self-petition.
S Persons Providing Information on Crimes and Terrorism / Material Witnesses
The S visa is a nonimmigrant visa that applies to foreign nationals who provide critical and reliable information for a successful investigation and prosecution of a criminal or terrorist organization. Currently, the Congress only gives 200 visas per year for persons providing critical and reliable information concerning a criminal group and an additional 50 visas are allocated for individuals who provide critical and reliable information regarding terrorist organizations and who qualified for Department of State’s rewards program. Family members – spouse, parents, and children – of the informants or witnesses are also eligible to enter the U.S. under derivative S visa and they do not count against the numerical limit.
There are two types of S visas:
a. A person may qualify for an S-5 visa if:
- They possess reliable information regarding a crime or the pending commission of a crime;
- They are willing to share this information with law enforcement or testify in court; and
- Their presence is necessary to secure a successful investigation and/or prosecution of the case.
b. A person may qualify for an S-6 visa if:
- They possess reliable information regarding a terrorist organization or terrorist plot;
- They are willing to share this information with law enforcement or testify in court; and
- They are eligible to receive an award from the State Department for providing the information.
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