Witness in USA legal trial; what visa category
For a US legal trial if a foreign witness needs to be presented what visa category is appropriate for this? Anyone know? The witness is NOT a US citizen.
The witness is not herself a victim of trafficking, serious crime or anything. In fact the witness is NOT a victim of crime at all. The witness would be classified as an expert witness and NOT a fact witness. Ergo the witness would be getting paid for their time spent in court as a witness. That would make the Category B iffy? Are you allowed to get paid for on Category B?
I suppose even business persons coming for meetings are technically being paid for their time right? What's the legal situation on this? What differentiates "work" from "business"?
Best Answer
As described in the Foreign Affairs Manual, an S, T, or U visa could be appropriate depending on the situation (a T or U visa might apply if the witness is a victim of human trafficking or other crimes). Though there are some severe limitations: there are only 200 S visas available per year, plus another 50 for terrorism cases.
Significant Public Benefit Parole could be used in some cases.
An ordinary B-1 (Visitor) visa might apply, such as for giving testimony in civil court in business litigation.
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What are the different types of witnesses?
The Impact of Witness Testimony In criminal cases, there are three types of witnesses called to testify in a trial. These include eyewitnesses, expert witnesses, and character witnesses.Who determines if the witness is qualified to be an expert in the case?
In the federal courts, judges determine the credibility of expert witnesses in a pre-trial Daubert hearing. See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). In considering witnesses' qualifications, judges may consider information that is not admissible as evidence.What is a secondary witness?
A secondary witness is a witness which often must be utilized by the Prosecutor to tie certain pieces of important evidence together.Who is a witness in court?
A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence, the witness promises to tell the truth.More answers regarding witness in USA legal trial; what visa category
Answer 2
Many such witnesses, if they must come to the US, can do so on a B visa or under the Visa Waiver Program.
If the witness in question is coming to testify for the prosecution of a serious crime, other options may be available, such as a T or U visa for victims of some serious crimes, an S visa for informants, or "significant public benefit parole" in certain cases.
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