美国陪审团义务指南：收到传票后该怎么做

If you hold a green card or are in the process of becoming a U.S. permanent resident, receiving a jury duty summons can be confusing and even intimidating. Unlike a traffic ticket, a jury summons is a legal order, not a suggestion. Under the Federal Jury Selection and Service Act (28 U.S.C. § 1861), U.S. citizens aged 18 and older are eligible to serve, and the federal court system summons roughly 1.5 million prospective jurors each year (US Courts, 2023, Juror Statistics). While non-citizens are not eligible to serve on federal or state juries, Lawful Permanent Residents (LPRs) — those holding a green card — are legally required to respond to a summons. Failing to do so can result in fines of up to $1,000 or even contempt of court charges in some jurisdictions (California Code of Civil Procedure § 209). This guide explains exactly what to do when you receive a jury duty summons as a non-citizen or green card holder, how to properly claim your exemption, and the specific documentation you need to provide to avoid penalties.

Understanding Your Eligibility: Who Must Serve

Jury service is a civic duty tied directly to U.S. citizenship. Federal law explicitly states that only U.S. citizens may serve on grand or petit juries (28 U.S.C. § 1865(b)(1)). This means non-citizens — including green card holders, visa holders (H-1B, F-1, etc.), and undocumented individuals — are automatically disqualified from serving on a jury.

However, the critical distinction is between eligibility to serve and obligation to respond. Even if you are ineligible to serve, you must respond to the summons. Ignoring it because you are a non-citizen is a common and costly mistake. The court does not know your immigration status until you inform them. A failure to appear can result in a bench warrant, fines, and a mark on your record that could complicate future immigration applications, including naturalization. For green card holders, this is particularly serious as it demonstrates a lack of understanding of civic obligations.

How to Respond as a Non-Citizen: Step-by-Step

Step 1: Read the Summons Carefully

Every jury summons includes a juror qualification questionnaire. This form asks for your citizenship status. Most courts now allow you to complete this online through a portal listed on the summons. Do not throw the summons away.

Step 2: Check the “Non-Citizen” Box and Provide Proof

On the questionnaire, you will see a question like: “Are you a citizen of the United States?” You should check “No”. Most jurisdictions require you to provide proof of your non-citizen status. Acceptable documents typically include:

• A copy of your Permanent Resident Card (Green Card) — front and back.
• Your visa or I-94 travel record.
• A valid foreign passport.

Step 3: Mail or Upload the Documentation

Follow the instructions on the summons to submit your questionnaire and proof. If you are selected for a specific trial, you may still need to appear in court on the reporting date to present your documentation in person, though many courts now accept digital submissions.

What Green Card Holders Need to Know

As a green card holder (LPR) , you are a permanent resident of the U.S. but not a citizen. You are legally required to respond to a jury summons, but you are not eligible to sit on a jury. The process is straightforward: you must claim the citizenship exemption.

Some LPRs worry that admitting non-citizenship status could affect their green card. It will not. The court system and USCIS are separate entities. The court is only verifying your eligibility for jury service; it does not report your status to immigration authorities. In fact, serving on a jury as a non-citizen would be a violation of federal law, so claiming the exemption is the correct legal action. For those managing cross-border affairs, some international residents use platforms like Airwallex global account to handle financial logistics while navigating U.S. legal obligations.

State-by-State Variations in Jury Duty Rules

While federal jury duty rules are uniform, state court rules vary significantly. Some states have stricter requirements for non-citizens.

• California: Non-citizens are disqualified. You must respond and provide your Alien Registration Number (A-Number) from your green card. Failure to respond is a misdemeanor (California Code of Civil Procedure § 209).
• Texas: Same citizenship requirement. The state explicitly says “non-citizens are not qualified” but must still complete the summons response.
• New York: Non-citizens are excluded. New York courts allow online exemption claims with a copy of your green card or visa.
• Florida: Strict penalties. A failure to respond to a jury summons in Florida can result in a $100 fine and a court order to appear (Florida Statute § 40.23).

Always check your specific state court website (e.g., “California Courts Jury Service”) for local instructions.

What Happens If You Ignore the Summons

Ignoring a jury summons is not an option. Courts track responses electronically. If you do not respond, the court will send a second notice, and eventually a Failure to Appear order.

• Federal Court: A judge may issue a bench warrant for your arrest. While rare for first-time non-appearance, it can result in a fine of up to $1,000 and up to 3 days in jail (28 U.S.C. § 1866(g)).
• State Court: Penalties vary but commonly include fines ($100–$500), community service, or a contempt of court charge.
• Immigration Impact: A criminal conviction for contempt of court or failure to appear can be classified as a Crime Involving Moral Turpitude (CIMT) , which may trigger deportation proceedings or a denial of naturalization for green card holders.

Common Misconceptions About Non-Citizens and Jury Duty

”I’m a non-citizen, so I can ignore the summons.”

False. You must respond to claim your exemption. The court does not know your status until you tell them.

”If I serve on a jury, it will help my green card application.”

False. Non-citizens are prohibited from serving. Serving on a jury as a non-citizen is a violation of federal law and could lead to legal penalties, not immigration benefits.

”I can just write ‘non-citizen’ on the summons and mail it back without proof.”

Partially true. Many courts accept a written statement, but most require a copy of your green card or visa. Check the specific summons instructions. Sending proof is the safest route.

”My employer will be notified if I claim exemption.”

False. Jury duty records are confidential. Your employer will only know if you are selected for a trial and request time off, which is protected by law.

FAQ

Q1: I am a green card holder and received a jury summons. Can I just ignore it because I’m not a citizen?

No. You must respond to the summons to claim your exemption. Ignoring it can lead to a fine of up to $1,000 in federal court or a bench warrant in state court. Respond online or by mail, check the “non-citizen” box, and provide a copy of your green card. The process takes about 10 minutes and avoids serious legal consequences.

Q2: What specific document do I need to send to prove I am a non-citizen?

Most courts require a copy of your Permanent Resident Card (Green Card) — both front and back. If you do not have a green card, a valid visa stamp in your passport or your I-94 Arrival/Departure Record (available online at cbp.gov/i94) is usually accepted. Some courts also accept a foreign passport. Always check the instructions on your specific summons, as requirements vary by state.

Q3: If I claim the non-citizen exemption, will it affect my pending green card or citizenship application?

No. The court system and USCIS operate separately. Claiming a jury duty exemption based on non-citizenship is a legal and routine process. It will not negatively impact your green card renewal, removal of conditions, or naturalization application. In fact, properly responding to a summons demonstrates your understanding of U.S. civic obligations, which is viewed positively.

References

• US Courts. 2023. Juror Statistics and Federal Jury Selection Act (28 U.S.C. § 1861).
• California Code of Civil Procedure. 2024. Section 209 – Penalties for Failure to Respond to Jury Summons.
• Florida Statute. 2024. Section 40.23 – Jury Service Penalties.
• U.S. Citizenship and Immigration Services (USCIS). 2024. Naturalization Requirements and Civic Obligations for LPRs.
• UNILINK Education Database. 2024. Cross-Border Legal Obligations for International Residents.