Hiring US Counsel While Detained Overseas

If You’ve Been Detained Overseas, Hiring an Attorney Admitted to Practice Law in the US Can Be Critical for Protecting Yourself

Our lawyers represent clients around the world. If you have been detained overseas, we can communicate with foreign immigration officials and prosecutors on your behalf, and we can fight to protect you against the consequences of a foreign criminal conviction. We can work with the local embassy or consulate, the US Department of Justice, and other US governmental authorities on your behalf as well.

Attorney Nick OberheidenInternational Litigation Team Lead

If you are a US citizen and you have been detained in a foreign country, you need to do everything you can to make sure you do not face unnecessary and unwarranted consequences. This is a high-risk scenario regardless of the circumstances involved, and you need to ensure that you are making informed decisions based on a clear understanding of both local and international law.

Our lawyers provide legal representation for US citizens detained overseas. We handle matters involving cross-border criminal investigations as well as local law enforcement matters in foreign countries. Our team has extensive experience in international defense and litigation; and, once you contact us, we will arrange for you to speak with one of our senior lawyers in strict confidence as soon as possible.

Oberheiden PC is an International Defense Law Firm

Oberheiden PC is an international defense law firm. Many of our lawyers attended the top law schools and universities in the country, and several members of our team worked at the US Department of Justice (DOJ) before entering private practice. As a result, if you are subject to prosecution or facing extradition or deportation in a foreign country, we can help—but it is important that you contact us right away.

We have experience working with a wide range of foreign offices and agencies. We have experience with INTERPOL and United Nations (UN) matters as well. Whether you have concerns about your immigration status or you have concerns about facing fines, prison time, or other criminal penalties, we can use our experience to help protect you by all means available.

Representative examples of matters we handle for US citizens detained overseas include:

Criminal investigations under local and international law
Removal and revision of INTERPOL and UN notices
Extradition requests and removal proceedings
Revocation of work visas and other travel authorizations
Defense against criminal charges in foreign courts

Our lawyers represent international travelers, employees traveling for work and training, representatives of NGOs and other nonprofit organizations, and Americans traveling abroad for other reasons. Whether your visit (or residency) in another country is personal or professional in nature, we can provide custom-tailored legal advice and representation in light of the specific circumstances at hand.

We Do Legal Work for Individuals Detained in Countries Around the Globe

If the United States is your home country and you have been detained overseas, our law firm can represent you remotely. We can also engage and communicate with local counsel on your behalf, and we can travel to provide in-person representation if warranted. We provide overseas legal services including (but not limited to):

Immigration Review – If you have questions or concerns about your immigration status, we can conduct a review and advise you regarding any pending issues or upcoming requirements.
Investigation Intervention – If you have been detained in connection with an ongoing investigation, we can intervene in the investigation and communicate with local and international law enforcement authorities on your behalf. We can seek removal and revision of INTERPOL and UN notices as well.
Criminal Defense – If you have been arrested on criminal charges, we can defend you. We can also engage local counsel with relevant expertise on your behalf if necessary. Depending on the circumstances, we may also be able to seek a transfer to the United States or negotiate your release so that you can safely return home.
Extradition Defense – The DOJ’s Office of International Affairs (OIA) assists US prosecutors with securing international fugitives through extradition. If you have been detained in a foreign country at the request of the United States, we can help you fight extradition. Whether you are facing fines, one or two years in prison, or a lifetime behind bars, we can protect your interests while providing advice and support throughout the process.
Immigration Defense – We provide immigration defense services as well. If you are facing a visa revocation or deportation, we can use our experience to assist you. From international travelers to new employees and long-term executive office personnel, US citizens traveling for all types of reasons can find themselves facing immigration issues while abroad.

For local criminal matters, your primary legal defense may need to be handled by an attorney licensed to practice in the foreign country where you are facing prosecution. Generally speaking, US-licensed attorneys cannot directly practice law in foreign courts. However, in this scenario, it is still in your best interests to engage US counsel who can advise you in light of the unique circumstances of your case. Confidentiality standards can vary by country as well, and these should be confirmed before sharing sensitive information with local counsel. Our lawyers can assist you, and we will seek to do so as efficiently and cost-effectively as possible.

FAQs: Protecting Yourself Once You Have Been Detained Overseas

Do I need an immigration lawyer or a defense lawyer if I have been detained overseas?

If you have been detained overseas, the type of lawyer you need depends on the specific reason (or reasons) for your detainment. Our lawyers handle all types of international legal matters on behalf of US citizens located abroad. Regardless of why you have been detained, we can provide the advice and representation you need to protect yourself going forward.

What are my rights if I was detained on a discriminatory basis?

Countries around the world have laws that bar prosecution based on citizenship, national origin, genetic information, political affiliation, disability, and other protected characteristics. International laws prohibit discriminatory prosecution as well. As a result, just like the federal government and private-sector employers in the US, foreign governments generally are not allowed to target immigrants or temporary visitors for reasons unrelated to legitimate law enforcement purposes.

With this in mind, if you believe that you have been targeted on a discriminatory basis to any degree, our lawyers can develop a plan to protect you, and then we can execute this plan as efficiently as possible. We will address all pertinent legal and practical considerations, and we will rely on our experience to help protect you to the fullest extent possible.

Can I hire a US lawyer to do remote work on my case overseas?

Yes, our lawyers represent American citizens remotely. Consultations with our US attorneys can be conducted via video conferences and secure emails, and our engagement agreement will clearly outline the scope of our representation and fee structure for our remote work on your case.

Are foreign countries required to provide reasonable accommodations for American citizens to contact US counsel?

Foreign countries are generally required to respect detainees’ right to legal counsel. This means that American citizens who have been detained abroad have the right to speak with an attorney, and contacting US counsel should be their first step. If you need local counsel (i.e., if you are facing criminal prosecution), our firm can engage local counsel on your behalf, and we will seek to ensure that they are both fluent in English and familiar with all relevant local laws and terminology. While the US State Department can provide a list of English-speaking local attorneys upon request, we strongly recommend contacting a law firm in the United States that specifically handles international matters.

Where can I find more posts with information for US citizens detained overseas?

You can find more posts with information for US citizens detained overseas on our website. Our posts on international criminal defense and international extradition are good places to start. If you need information about immigration law, you can browse our immigration archives.

What are the job-related implications of being detained while overseas for work?

Along with serious legal implications, being detained overseas can potentially have serious employment implications as well. This is true regardless of whether you were traveling for work or other reasons. Having an arrest or conviction on your record can significantly impact your recruitment eligibility, and you could find yourself at a significant disadvantage compared to other qualified applicants who have clean records. Whether you will need to disclose your arrest on a cover letter or resume will depend on your individual circumstances; but, in all cases, obtaining a position for which you qualify could prove more challenging due to your overseas detention.

Speak with a US International Lawyer at Oberheiden PC in Strict Confidence

If you have been detained overseas as a US citizen, we strongly encourage you to contact us right away. To speak with one of our senior lawyers in strict confidence as soon as possible, call 888-680-1745 or contact us confidentially online today.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources