Aggravated Felonies

(D)  Adjustment.  A holder of an “S-5” visa can adjust status to lawful permanent residence if the Attorney General determines the noncitizen supplied information concerning a crime that has substantially contributed to the success of an investigation or prosecution.  Family members may also adjust, but the adjustment application must be filed by the law enforcement agency that originally applied for the visa.[345]

A noncitizen who adjusted on this basis is deportable for one CMT conviction if the offense was committed within 10 years after admission, twice the usual five-year rule.[346]  A holder of this visa is barred from changing to another nonimmigrant status.

The State Department issued a cable to diplomatic and consular posts abroad that may also provide guidance as to how the DHS will interpret this provision domestically.[347]

[345] INA § 245(j), 8 U.S.C. § 1255(j); 8 C.F.R. § 245.11.

[346] INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i). 

[347] See 71 Interpreter Releases 1321 (Oct. 3, 1994).