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Witness Affidavits for Immigration Court

Los Angeles, CA |

I would like to gather witness affidavit from someone important for my upcoming immigration court hearing where the judge will have to decide my future in the US. Unfortunately, the person that I would like an affidavit from, currently resides in Eastern Europe where he said that a notary public stamp would cost him $150 for the affidavit. Perhaps he means if he gets one through the Consulate/Embassy. That's a lot of money for a notary public service from overseas and I would like to know if he simply writes an affidavit without attaching a notary public stamp, will this not be taken into evidence by the immigration judge because without the notary stamp, it does not show you actually wrote that witness affidavit. What are my option in submitting this affidavit through that person for my

immigration hearing and making sure that it won't be rejected because the writer could not attach a notary public's signature on it to prove that he's the writer of it. Please advise. P.S. He won't be back in several months, so I later on it would be useless. His affidavit would have helped out a lot. By the way, unlike for other courts, the immigration court does NOT require the witness to be in court in person like other courts, so the witnesses can simply submit affidavits for the judge to consider without them being there. ICs are lenient on this.

Attorney Answers 3


Please keep in mind that affidavits are given diminished weight. It would be best if your witness was available to testify before the immigration court. This witness statement will be given very little weight if the document is not notarized as the identity is not verified and the person is not affirming the truth of what is written. That being said some evidence is better than none. Your witness should explore other notary options and if it is not possible explain the reason the document is not notarized and provide a copy of his idebtification. You would be best advised to schedule a consultation with an experienced immigration attorney to explore ither options.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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Since this is for US court, can that person overseas get a local non-American notary public? Can this be an option or it has to be an American notary public even if overseas? I should have asked this above, but I forgot, sorry.

Wendy Rebecca Barlow

Wendy Rebecca Barlow


It would be best to have the document notarized at the U.S. Embassy. If this is not an option, a foreign notary is better than no notary. Please keep in mind that the document can be given lesser weight if the immigration judge is unsure of its authenticity or credibility.


Please tell us that you're not really thinking of going to court without an attorney.

Please, hire an immigration attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Hire a lawyer. Doing an immigration trial without an attorney is reckless.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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