The Champion

July 2007 , Page 38 

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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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