Can you become a legal immigrant by helping the government with information about the commission of a felony?

icono-cal May 5, 2023

icono-cal María Mendoza

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Informing the US government about the commission of certain felonies can take an immigrant to permanent residence.

 

If a person knows about the commission of certain felonies, either by another person or by a company, and informs corresponding authorities about this fact, he/she may be eligible for a Non-Immigrant S Permanent Residence, also known as S Visa.

 

When someone knows about a person who is involved in felonies such as drug or human trafficking or works at a company that is not aligned with Department of Labor law; it can happen that an officer, not necessarily an immigration officer, but a US government officer, knowing that the person works for such company and/or holds information about the commission of the felony, can offer, let’s say, as an exchange, the opportunity to sign the corresponding migratory forms if the person accepts to become authorities witness or informant.

 

US Department of Labor building and sign

 

A scenario that can arise is that officers approach the person with this information, and tell him/her something like “If you provide me this information, give me your testimony and help me incriminate this person who is committing this felony” or in case of companies, something like “If you give me information about your employer and how his company, which employing undocumented people, is not aligned with Department of Labor law”, “I will help you process your work permission by signing your Permanent Residence request forms.

 

Is not a very common scenario. However, it gets to happen. That being said, someone could wonder, how real is that a permanent residence can be obtained by helping the government with information about a felony, or about a person or group of persons breaking US law.

 

US permanent resident card with US flag on the background

 

It is real, there is a visa for these cases, and is known as S Visa. This visa, about which very few is known given how unusual are situations in which applies, can be the secret a person needs to know to become a legal immigrant.

 

Non-Immigrant S Permanent Residence (S Visa)

 

S Visa is a way in which a person who helps the US government with information about a felony can receive help from the government to process their migratory documents. The person in this situation basically works for the government providing this information and putting his/her life at risk to help. The promise tends to be “I know this is a dangerous job, but if you help me, I will help you obtain documents”, many times referring to an S Visa procedure.

 

NYPD officer badge close up

 

Is not so common that a person actually becomes a legal immigrant under this type of case, given that it implies an extra level of difficulty given that one of the requirements is to count with the signature of a high-ranking officer. If it’s being dealt with a felony previous to the entry of the officer of that State, even if it is the highest ranking one, it may not be so easy to convince such officer about signing the forms. It can happen that the possible beneficiaries stay with false hope of being able to become legal immigrants when, in reality, immigrant officers won’t actually give their signatures for them to obtain documents.

 

People in this situation, if they have, let’s say, a work permit, can also have protection against deportation, continue working, and help the government with information. However, it is uncommon. It is not impossible, but unfrequent, that a person is able to obtain permanent residence.

 

Other options: Humanitarian visas

 

Another scenario that can happen is that a person helps the government with information and, depending on what is the case about, the person may have a way to apply for a humanitarian visa; for example, if the person suffered physically or psychologically.

 

Humanitarian visas, despite being different from the S visa, also help people to become legal immigrants and obtain documents without leaving the US. No one has to submit a form in the name of the beneficiary, and they are also a great option if the person counts has long time living in the US, no US citizen or permanent resident spouse, a US citizen +21 son or daughter, nor any petition being processed; these can be an excellent option to become a legal immigrant.

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