(a)*Eligibility.*An application on Form I-854, requesting that an alien witness or informant in S nonimmigrant classification be allowed to adjust status to that of lawful permanent resident, may only be filed by the federal or state law enforcement authority (“LEA”) (which shall include a federal or state court or a United States*Attorney's Office) that originally requested S classification for the alien. The completed application shall be filed with the Assistant*Attorney*General,*Criminal Division,*Department of Justice, who will forward only properly certified applications to the*Commissioner, Immigration and Naturalization*Service, for approval. Upon receipt of an approved Form I-854 allowing the S nonimmigrant to adjust status to that of lawful permanent resident, the alien may proceed to file with that Form, Form I-485, Application to Register Permanent Residence or Adjust Status, pursuant to the following process.
(1)*Request to allow S nonimmigrant to apply for adjustment of status to that of lawful permanent resident.*The LEA that requested S nonimmigrant classification for an S nonimmigrant witness or informant pursuant to section 101(a)(15)(S) of the*Act*may request that the principal S nonimmigrant be allowed to apply for adjustment of status by filing Form I-854 with the Assistant*Attorney*General,*Criminal Division, in accordance with the instructions on, or attached to, that form and certifying that the alien has fulfilled the terms of his or her admission and classification. The same Form I-854 may be used by the LEA to request that the principals nonimmigrant's spouse, married and unmarried sons and daughters, regardless of age, and parents who are in derivative S nonimmigrant classification and who are qualified family members as described in*paragraph (b)*of this section similarly be allowed to apply for adjustment of status pursuant to section 101(a)(15)(S) of the*Act.
(2)*Certification.*Upon receipt of an LEA's request for the adjustment of an alien in S nonimmigrant classification on Form I-854, the Assistant*Attorney*General,*Criminal Division, shall review...