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CRM 1500-1999

1861. S Visa Program -- Statutory And Regulatory Basis

Section 130003 of the Violent Crime Control Act of 1994, Pub. L. No. 103-322, 103d Cong., 2d Sess. (1994), amended the Immigration and Nationality Act to establish a new "S" nonimmigrant visa classification. Section 130003 is codified in a number of places in Title 8 of the United States Code, most notably in 8 U.S.C. § 1101(a)(15)(S) (defining the "S" nonimmigrant classification), 8 U.S.C. § 1182(d) (waiver of grounds for exclusion), 8 U.S.C. § 1184 (numerical limits, period and conditions of admission, and reports to Congress), and 8 U.S.C. § 1255 (adjustment of status).

Regulations implementing the program were published at 60 Fed. Reg. 44260 et seq. (August 25, 1995), and codified in relevant portions at 8 C.F.R. §§212.4(i) (waivers of grounds of inadmissibility applicable to S visa appliants), 212.14 (parole determinations for S visa applicants), and 214.2(t) (procedures for requesting S visa classification).

[updated September 2006] [cited in JM 9-72.100]