Serving on a jury is an important part of civic life in the United States. It is a legal obligation for U.S. citizens and helps ensure fair trials in both criminal and civil cases. However, non-citizen immigrants, including green card holders, are not eligible and are exempt from jury duty.
Some non-citizens might receive jury duty summons despite their inability to serve, largely because courts select potential jurors from lists including drivers license records and employment tax filings, according to Make The Road NY. However, it’s important to know that if you are not a U.S. citizen and receive a jury duty summons, you still must respond to the summons by saying you are not eligible to serve on the jury.
Here’s what else you need to know.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated May, 2026.
How Do I Know If I Have Been Selected for Jury Duty?
In New York State, a Juror Qualification Questionnaire and Summons arrives in the mail to determine one’s eligibility for jury duty. You must respond to both letters to be excused.
Note: Scammers have impersonated jury duty summons, often conducting those scams over phone or email, and pressuring individuals to share personal data, which may lead to identity theft and fraud. Courts won’t require anyone to share any sensitive information via phone calls or emails, as most of the communication would be through the U.S. mail.
If you encounter suspicious situations that you think could be jury service scam, you can report it to your nearby Court’s office, or to the Federal Trade Commission.
I Am on a Visa or Have a Green Card. How Can I Prove I’m Not a U.S. Citizen and Therefore Ineligible for Jury Duty?
You can usually find the citizenship question in the paper form box 1 on the juror questionnaire: “Are you a citizen of the United States?” Answer NO if you are not a citizen to prevent future notices.
When returning the completed questionnaire, you must include a copy of one of the following:
- Current Visa
- Passport
- Permanent Resident card, or
- Employment Authorization card
For federal court summons, you can complete the questionnaire online through eJuror by entering your nine-digit participant’s number, or mail back the paperwork using the envelope provided within 10 days. You may also return it in person at the courthouse listed on the summons.
For local, county, or state court summons, you can complete the required questionnaire by mail or in person. Some New York courts also allow you to respond to the questionnaire online and will provide online instructions if so.
If you are unable to provide any of the citizenship documents, reach out to your local Commissioner of Jurors Office for alternative options.
Will My Citizenship Information Be Shared With ICE or DHS?
Under New York State law, all juror records are confidential, according to the New York Courts official website. New York’s state court system says it will not share information including citizenship status with federal agencies like the Department of Homeland Security (DHS) or U.S. Immigration and Customs Enforcement (ICE) unless required by a court order. This may not apply to federal courts
The Division of Jurors, which oversees juries in New York, does not hold onto the copy of passports or other identification documents after your citizenship status is confirmed, according to Make the Road NY. If you choose to go in person to verify that you are not a U.S. citizen, the division will not make a copy of your documents.
What Are the Consequences If I Fail to Respond to the Jury Summons as a Non-Citizen?
You should not ignore the jury summons regardless of your citizenship status. Ignoring it could lead to fines or penalties.
If you miss the 10-day response deadline, go visit the court in person as soon as possible to prevent further legal consequences. You can show the clerk your passport or other identification document to prove you are not a citizen, alongside your completed questionnaire, or by mailing in a copy of those documents.
What If I Do Not Have Sufficient English Proficiency for Jury Duty?
To complete the juror questionnaire, you will be asked if you speak the English language and about your proficiency level. If you are not able to complete the questionnaire due to limited English proficiency, you can provide a written explanation in the “Remarks” section, usually on the back of the form, or provide the explanation in person at the relevant New York court.
U.S. citizens who are unable to understand or communicate in English are eligible to be excused from jury duty and must complete the questionnaire as such or have someone assist them in doing so. Those without proper English language proficiency will receive further instructions when they appear in court to respond to the summons. You must be able to “adequately read, write, understand, and speak the English language” to serve on a jury.
Do I Need to Place a Stamp on the Questionnaire’s Return Envelope, or Is Postage Typically Prepaid?
Check the return envelope. Look to see if “No Postage Necessary” or “Postage Paid” is printed in the upper right corner of the envelope. This is common on juror questionnaires. If it is not, apply standard postage to the return envelope.
You can also answer the response online and avoid paying for postage
What Should I Do If I Receive a Jury Summons Addressed to Another Person?
The fastest way to resolve the issue is to call the court that issued the summons and explain the situation. You can find the court’s phone number on the letter.
If you do not know the person addressed on the summons, you can write “Return to Sender” on the envelope and mail it back to the court, noting that the person no longer lives at that address.
If the person has passed away, you can write “Deceased” on the envelope before returning it to the court.Additionally, if you have moved out of the county but are still receiving jury service notices, you can update your address with the office of the Commissioner of Jurors who issued the notice. You can find the contact information here.
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