Instructions For Form I-854 - Inter-Agency Alien Witness And Informant Record printable pdf download

Instructions for Inter-Agency Alien Witness and Informant

Record and Adjustment of Status

USCIS

Form I-854AB

Department of Homeland Security

OMB No. 1615-0049

U.S. Citizenship and Immigration Services

Expires 07/31/2019

What Is the Purpose of These Forms?

Form I-854A is used by law enforcement agencies (LEAs) to request that an alien witness and/or informant receive

classification as S nonimmigrants. Form I-854B is used by LEAs to request that an alien in S nonimmigrant status be

permitted to apply for adjustment of status to adjust to lawful permanent resident (LPR) status under section 245(j) of the

Immigration and Nationality Act (INA).

These forms provide the Department of State (DOS) and Department of Homeland Security (DHS) with information

necessary to identify the requesting LEA, the alien witness and/or informant, and others (e.g., the U. S. Attorney needing

the information or testimony of that alien). Forms I-854A and I-854B assist DOS and U.S. Citizenship and Immigration

Services (USCIS) in their joint responsibility to adjudicate requests by LEAs for S classification and adjustment of status

under INA section 245(j).

Who Should Use These Forms?

Federal, state, or local LEAs (the U.S. Attorney’s Office is considered an LEA for purposes of this form) may use these

forms to request that an alien witness and/or informant is:

Classified as an S nonimmigrant (Form I-854A); or

Allowed to adjust to lawful permanent resident status from the S nonimmigrant classification (Form I-854B).

The LEA must specifically request the following for the alien witness and/or informant and his or her derivatives.

S-5 classification

This classification is for an alien who possesses and is willing to provide critical, reliable information to the requesting

LEA on a criminal organization or enterprise, and who otherwise qualifies under INA section 101(a)(15)(S)(i) and

8 CFR 214.2(t)(1).

S-6 classification

This classification is for an alien who possesses and is willing to provide information about a terrorist organization;

who will be or is placed in danger as a result; who is eligible for an award under section 36(a) of the DOS Basic

Authorities Act of 1956, 22 U.S.C. 2708; and who otherwise qualifies under INA section 101(a)(15)(S)(ii) and

8 CFR 214.2(t)(2).

S-7 classification

This classification is for a spouse, married and unmarried sons and daughters, and parents of an alien witness and/or

informant who otherwise qualify under INA section 101(a)(15)(S) and 8 CFR 214.2(t).

NOTE: A Federal or state LEA may request S-5 classification for an alien witness and/or informant. However, only a

Federal LEA or Federal Court may request an S-6 classification. The LEA sponsoring an S-5 or S-6 may also sponsor an

S-7 derivative.

LEA May Also Make a Request for Derivative Beneficiaries

The LEA may include qualifying relatives (spouse, married and unmarried sons and daughters, and parents) of the alien

witness and/or informant in a request for the S nonimmigrant classification.

The LEA must fill out separate Forms I-854A and I-854B for each derivative. The LEA must also include all required

information for such derivative beneficiaries of this request at the time of filing the nonimmigrant classification request.

Form I-854AB Instructions 07/13/17 N

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Instructions For Form I-854 - Inter-Agency Alien Witness And Informant Record

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