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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"?

T.J.L.
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curious_cat
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2 Answers2

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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.

Zach Lipton
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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.

mlc
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