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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108996
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a neice living in cuba who i need as a whitness for a

Customer Question

I have a neice living in cuba who i need as a whitness for a trial in miami. is it possible to her a temporary visa so she can testify
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It might be possible. What type of case is it?

Customer: replied 11 months ago.
civil case
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Is there any reason why a signed affidavit won't work? Or perhaps appearing by telephone or through video?

Customer: replied 11 months ago.
i was told that in order to have her as a whitness she had to appear in court
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Who told you that?

Customer: replied 11 months ago.
my attorney in miami
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Your attorney in Miami should know that they can always ask the court for permission for the witness to appear by video or by telephone. It isn't the best solution, but it is an option. And if all else fails, the witness can always submit a signed declaration, though of course that is not the best evidence because the other side doesn't get to cross-examine the witness, but something is better than nothing. As to getting her to come over the U.S., it is possible, but not easy. She would have to apply for a regular B1/B2 visitor visa and show non-immigrant intent and strong ties to her home.

You can look at the link below for all the information that you need on the visitor visa:

Essentially, she must have a valid reason for visiting, must have a way to support herself without working illegally, must have significant ties to her home country, and must have the intent to return home.

Though I doubt they would approve it for a civil case, she could also try a Humanitarian Parole. Here is a link:

Hopefully she can show enough strong ties to Cuba and non-immigrant intent to be able to get the B1/B2.

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Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Daniel. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Daniel. Thank you for your kindness and respect. Good luck to you.

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