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Federal Law Issues in Obtaining Evidence Abroad Part Two
By Linda Friedman Ramirez
Witness Entry to the United States
Defense Witnesses Willing to Travel to the United States
A foreign national witness may be willing to travel voluntarily to the United States to testify at trial.1
Arranging travel and entry for a witness from outside the United States
requires advance planning. Presenting a court subpoena alone will not
be sufficient for entry into the United States. To the extent that the
witness will travel from a country participating in the visa waiver
program, this task may be less arduous. However, it is more than likely
that the potential witness may be from a country from which nationals
are not routinely admitted to the United States, and may require a
special interest parole from the Department of Homeland Security.
Some consulates have a reputation of providing first-rate assistance for
facilitating the entrance of witnesses into the United States for
trial. In order to prevent denial for any avoidable reason, however, it
may be pru
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