Criminal Defense of Immigrants

The 1994 Crime Bill created an “S” nonimmigrant classification for certain witnesses who supply “critical reliable information” relating to terrorism and criminal activity.[200]  Under some circumstances these persons can adjust status to permanent residence.[201]  The Attorney General decides who will receive the visas.  All grounds of inadmissibility, except Nazis and genocide,[202] are potentially waivable, including conviction or admission of a crime of moral turpitude.[203] Since an aggravated felony conviction does not in itself constitute a ground of inadmissibility, and since the other inadmissibility grounds within which an aggravated felony conviction may fall, such as the controlled substance or crime of moral turpitude exclusion grounds, are potentially waivable, immigrants with aggravated felony convictions may obtain this “S” visa. 

[200]  Violent Crime and Control and Law Enforcement Act of 1994 (Pub. L. No. 103-322, Sept. 1, 1994), creating new INA § 101(a)(15)(S), 8 U.S.C. § 1101(a)(15)(S).

[201]  If the informant’s assistance has substantially contributed to an investigation, crime prevention or prosecution and the person has received a reward under § 36(a) of the State Department Basic Authorities Act of 1956, the Attorney General has discretion to adjust the person’s status to permanent residence.  See INA § 245(i), 8 U.S.C. § 1255(i).  Note that this section may be renumbered in the future, since a technical error resulted in the creation of two sections both codified as INA § 245(i). See further information about the “S” visa at INA § 214(k), 8 U.S.C. § 1184(k).

[202] INA § 212(a)(3)(E), 8 U.S.C. § 1182(a)(3)(E).

[203] INA § 212(d)(1), 8 U.S.C. § 1182(d)(1).