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S-5 — Criminal Informant
United StatesUnited States•North America
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S-5 — Criminal Informant

Residency Pathway PR PathwayThis visa can lead to permanent residency, the right to live and work here indefinitely without renewing your visa. Dependents Allowed

At a Glance

Processing Time

Varies

Estimated Cost

USD $185

Stay Duration

3 years

Not renewable

Renewal

Not renewable

Family

Dependents allowed

PR Pathway

Yes

Sponsor

No job offer needed

Work

Remote not required

Official Information
United States flag

Living in United States

Cost of Living
Baseline
Avg Salary$52,000
Quality of Life
185/200
Full Country Guide

Overview

Informant possessing critical reliable information about a criminal organization or enterprise, willing to provide to law enforcement.

The S-5 is a US nonimmigrant visa for foreign nationals with critical, reliable information about a criminal organization who are willing to cooperate with law enforcement. Capped at 200 per fiscal year, it cannot be self-petitioned — the process is driven entirely by a sponsoring law enforcement agency.

A sponsoring agency files Form I-854A to certify cooperation is essential. Stay is up to 3 years (non-renewable), with EAD work authorization and dependents on the S-7 visa. Full cooperation is required; failure to testify truthfully can result in revocation. Compliant holders may adjust to LPR status via Form I-854B.

This visa is ideal for foreign nationals with direct knowledge of criminal networks who are prepared to cooperate fully with US law enforcement.

United States

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Cost Breakdown

Form I-854A (law enforcement agency filing)USD $0
MRV Fee (Visa Application)USD $185
Form I-485 (Adjustment of Status)—
TotalUSD $185

Stay & Extensions

Initial grant3 years

Annual Cap & Quota

200 per fiscal year (combined S-5 cap)

Conversion Paths

Visas you can typically switch to from this status.

EB-4 — Employment Fourth Preference - Special Immigrant
United States flagUnited States

EB-4 — Employment Fourth Preference - Special Immigrant

ValidityIndefinite
Processing1–3 years
View Visa Details

Requirements

PUBLISHED REQUIREMENTS

Must possess critical and reliable information concerning a criminal organization or enterprise

Must be willing to supply information to federal or state law enforcement or testify in court

Physical presence in the US must be essential to the success of the investigation or prosecution

Must be sponsored by a federal or state law enforcement agency (LEA)

Cannot be self-petitioned — entire process is law-enforcement-driven

Must comply with all Attorney General-imposed conditions

Must report quarterly to the Attorney General on activities and whereabouts

Must not be convicted of any offense punishable by 1 or more years of imprisonment

REQUIRED DOCUMENTS

Form I-854A (filed by sponsoring LEA, not the applicant)

Evidence of critical and reliable information concerning a criminal organization

Documentation of law enforcement sponsorship

Form I-765 for Employment Authorization Document (EAD)

Form I-854B and Form I-485 if pursuing permanent residence adjustment

Advantages & Considerations

Key Benefits

  • Work authorization available via EAD (Form I-765)
  • Clear pathway to permanent residence (Green Card) if cooperation is deemed substantially successful
  • Derivative S-7 status available for spouse, children, and parents
  • Derivative family members may also receive Green Cards when principal adjusts
  • Government provides protection and support during the investigative process

Worth Knowing

  • Extremely rare — annual cap of only 200 S-5 visas per fiscal year
  • Cannot be self-petitioned; requires sponsorship by a law enforcement agency
  • Non-renewable; status is fixed at 3 years with no extension
  • Holder remains deportable for 10 years after adjusting to LPR if convicted of a crime involving moral turpitude
  • Must waive right to contest deportation (except withholding) before PR application can proceed
  • Quarterly reporting to the Attorney General is mandatory
  • Violation of conditions results in deportation proceedings
  • Not publicly advertised; no standard consular appointment process for the applicant
  • Entire application flows through government agencies; applicant files nothing directly

Application Process

1

Federal or state law enforcement agency (LEA) sponsors the applicant

2

LEA files Form I-854A (Inter-Agency Alien Witness and Informant Record) — no filing fee

3

Form I-854A submitted to the Assistant Attorney General, Criminal Division, DOJ

4

DOJ Office of Enforcement Operations (OEO) reviews and forwards to DHS/USCIS and State Department

5

Both the Attorney General and Secretary of State must concur on approval

6

If approved for PR pathway, LEA files Form I-854B after successful cooperation

7

Informant files Form I-485 for adjustment of permanent residence

Application Forms

I-854A
Inter-Agency Alien Witness and Informant Record, Part A
Fill online
I-854B
Inter-Agency Alien Witness and Informant Record, Part B
Fill online
I-765
Application for Employment Authorization
Fill online
I-485
Application to Register Permanent Residence or Adjust Status
Fill online

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