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Can a witness testify by video in immigration court?

Current EOIR procedure for requesting video testimony from a witness in an immigration court individual hearing.

Published August 31, 2026Last reviewed August 31, 2026General information
Not legal advice.US Asylum Help provides general information, research links, and organization tools. We do not determine eligibility, deadlines, strategy, evidence sufficiency, or what anyone should say or file in an individual immigration matter.

Can a witness testify by video in immigration court?

Last reviewed: August 31, 2026

High-volatility procedure. Remote witness testimony is not automatic. The Immigration Judge decides whether to allow it and how it will occur.

Yes, in certain circumstances. EOIR's current policy says an Immigration Judge may allow a witness to testify by video at an individual calendar hearing at the Judge's discretion.

A party seeking video testimony must request it by written motion. EOIR says the motion should be labeled MOTION TO PRESENT VIDEO TESTIMONY, comply with filing deadlines and requirements, and explain why the witness cannot appear in person. The party must also comply with witness-list requirements.

If the motion is granted, the Immigration Judge determines the time and manner of the video testimony. Do not tell a witness to connect remotely on the hearing date without first obtaining the required authorization and instructions.

Prepare the witness entry accurately: identify the witness, summarize the expected testimony, estimate how long it will take, state the language, and include a CV or resume for an expert witness when required. Keep proof that the motion and witness list were filed and served.

Because technology, court procedures, and individual orders can differ, confirm the arrangement with the court well before the hearing.

Official sources

Official sources & current information

Verify changing requirements at the source.

This section identifies government links contained in this guide. The government page, form instructions, court notice, or other controlling document should be checked for current requirements.

U.S. Department of Justice / EOIRjustice.govU.S. Department of Justice / EOIRjustice.govU.S. Department of Justice / EOIRjustice.gov
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