Non-US Citizen on a Visa will attend the court with their green card, passport, or other paperwork to indicate they are not eligible for jury duty.

Can a Non-US Citizen on a Visa be a Juror? – Eligibility and Disqualification of Jurors

Because the Office of Jury Commissioner (OJC) does not have access to all of the information that could prohibit you from serving on a jury, such as citizenship records, Social Security numbers, and medical records, you may get a summons even if you are not qualified. The circumstances of potential jurors can change from year to year, so you can be eligible for jury service for one year but not for the next, or vice versa.

Can a Non-US Citizen on a Visa be a Juror?

Jurors can only be citizens of the United States. Due to the fact that many immigrants are licensed drivers, they frequently receive summons for jury service. Usually, the summons will question if you are a US citizen. Immigrants can present to the court their green card, passport, or immigration paperwork to indicate they are not eligible for jury duty.

Let’s look at what are the eligibility criteria to act as a Juror.

Who is qualified to Serve on a Jury?

To serve as a juror, one must meet the following requirements:

  • To be a citizen of the United States
  • Must be at least 18 years old
  • Be a resident in the state that called you for a juror or spend more than half of your year there
  • To be able to participate in a trial, you must be able to speak and understand English well enough.

Who is Ineligible to Serve on a Jury?

The OJC has no jurisdiction to disqualify you from service unless you meet the requirements of one of these ten statutory grounds. However, if you can demonstrate why serving on a jury would be a hardship for you when you report for jury duty at the courtroom, a judge may spare you from participation. There are ten reasons why you would be ineligible to serve on a jury. If you do any of the following, you will be unable to serve:

You are not a United States Citizen –  You’ll need to enter your alien card number, visa status, and any other relevant information.

You are not a resident of the state called you for a Juror and have not spent more than half of your year in the state – You’ll need to explain your position and provide your new residential address.

You’re under the age of eighteen –  Your date of birth will be required.

You’re 70 years old or older and have decided not to serve – Your date of birth will be required.

You are unable to communicate in and understand English – You must specify your primary language.

You are unable to serve due to a mental or physical handicap – you need to provide a doctor’s letter or note declaring that you are unable to serve.

You are completely responsible for the care of a permanently disabled person who lives in the same dwelling, and jury duty would put that person in grave danger – You must provide a doctor’s letter declaring that you are unable to serve due to this condition. (Please note that if you work outside the house, you are not eligible for this disqualification.)

You are currently residing outside of the judicial district to which you were called and have no plans to return within the next 12 months – You’ll need to explain your circumstances and provide your new address.

You’ve been convicted of a felony in the last seven years, are currently under investigation for a felony, or are currently incarcerated –  You’ll need to supply information about your exact offence as well as the date of your conviction.

In the last three years, you’ve served as a grand or trial jury in state or federal court, or you’re slated to serve –  You’ll need to specify the date and location of any previous or upcoming jury duty.

Receiving summons for Other People or Minors

  • If you receive a summons for someone else or someone who no longer lives at your address, please return it to the US Post Office and inform them that the person has moved. They’ll note that the addressee doesn’t get mail at that address, and they’ll notify the OJC by returning the summons as undeliverable.
  • If your child will be under the age of 18 on the date they are called, contact the OJC in writing with their date of birth so they can be disqualified.
  • If you get a summons for someone who has passed away, contact the OJC and update them.

Instructions for US Senior Citizens to Serve on a Jury

If you’re 70 or older, you have the option of choosing whether or not to serve on a jury. If you do not wish to serve, you may tell the OJC of your desire to be disqualified, and the OJC will remove you from the jury list permanently. If you later decide to serve, you’ll need to contact the OJC to be added to the list again.

Instructions for College Students to Serve on Jury

You must serve in response to your summons if you are attending college in that state but are from another state. You can reschedule your service to a new day within one year of your initial service date if your date clashes with your class schedule.

If you live in your principal state but go to school in another state, you must serve unless you plan to stay in the state for at least a year. Within one year of your initial service date, you can reschedule your service to a new date in your province.

If you go to college in one county but live in another, you can serve in either county. If you are being summoned in both your home and school counties, call the OJC at (800) 843-5879 for assistance.

Instructions for breastfeeding Mothers to Serve on Jury

You are still eligible to serve on a jury if you are a breastfeeding mother. Every courthouse is equipped to accommodate nursing women who require a separate pumping area. Depending on your condition, you can also seek a hardship transfer to a more convenient location or postpone your service for up to a year. If you require additional assistance, you should contact the OJC to discuss your options.

Instructions for a person called to attend a federal jury

You should report for federal jury duty if you’ve been summoned for both state and federal jury duty. To be excused from your state jury duty, you must provide a copy of your federal jury summons to the OJC prior to your scheduled date. Visit the Federal Jury Duty Information page to learn more about federal jury duty.

Frequently Asked Questions

1. How did I come to be chosen?

When a jury term is required, the courts preserve a list of eligible jurors from which a random selection is made. The court gathers this information from a variety of sources, including voter registration databases and lists of licensed drivers.

2. Is it obligatory for me to serve on a jury once called upon?

You must report for jury duty if you match the aforementioned criteria. People who face undue hardship or other serious inconveniences as a result of being summoned will be granted some exceptions by the court.

If you are not legitimately inconvenienced by being called to serve on a jury, do not try to persuade the court that you are unable to do so – there are even penalties for failing to serve!

3. What about my current position?

Your job is protected by state law, which means that if you are called to jury service, your employer cannot dismiss you or endanger your job. Jurors may be paid a small daily stipend.

4. What questions can the court ask me before the beginning of trial?

The purpose of the test is to check if you have any personal biases, prejudices, or prior views about the case – in other words, anything that would hinder you from being a fair jury. You may, for example, have already read a lot about the case and formed your own ideas, or you may be related to someone engaged in it. If this happens, you will be removed from the jury panel.

5. What is expected of me if I am chosen as a juror?

If you are chosen, you must swear that you will analyze all of the evidence in the case, follow all directions, deliberate impartially, and reach a just conclusion. During the trial, you are not permitted to discuss the case with anyone, including family members or other jurors. You must stay away from any and all media coverage of the case, including pertinent newspaper articles and news broadcasts. You must remain impartial as a juror and base your judgement only on the evidence given during the trial.

6. Do jurors have access to interpreters?

If you have limited English proficiency and are summoned to jury duty, the state in which you live determines whether you are eligible for an exemption. If you have any more questions about jury service, you should contact court officials as soon as you are summoned or before you are sworn in as a juror.


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