Treaty Transfer Attorney for Foreign Nationals in Federal Custody

Serving a federal prison sentence in the United States — far from family, home, and country — is a hardship that goes well beyond the sentence itself. Many foreign nationals in this situation do not know that a legal pathway may exist to serve the remainder of their sentence in their home country. It is called a treaty transfer, and it is one of the most meaningful forms of relief available to qualifying individuals in the federal system.

Defense Attorney Anjali Prasad is a former federal prosecutor who has successfully completed treaty transfers for foreign nationals in federal custody. She understands how the Department of Justice evaluates these cases, what the process involves, and how to navigate a system that is unfamiliar to most attorneys. If you or a family member is serving a federal sentence and wants to explore this option, contact Prasad Legal today for a confidential consultation.

What Is a Treaty Transfer?

A treaty transfer — formally known as an international prisoner transfer — allows a foreign national serving a U.S. federal sentence to be transferred to their home country to complete that sentence. These transfers are made possible through bilateral treaties between the United States and more than 100 other nations, administered by the International Prisoner Transfer Unit (IPTU) within the U.S. Department of Justice.

When approved by both governments and consented to by the prisoner, the home country assumes custody and responsibility for administering the remainder of the sentence. For many foreign nationals and their families, this is an opportunity to be closer to home during one of the most difficult periods of their lives.

Who Qualifies for a Treaty Transfer?

Treaty transfers are not available to everyone. A number of eligibility requirements must be met, and each case is evaluated individually. In general, a qualifying applicant must be a citizen of a country with an active U.S. transfer treaty, be serving a sentence for an offense also recognized as a crime in the receiving country, have no pending appeals or unresolved legal proceedings in U.S. courts, have sufficient time remaining on their sentence, and be willing to voluntarily consent to the transfer and its consequences. Both the United States and the receiving country must independently approve the transfer before it can proceed.

Determining whether you or your family member qualifies requires a careful review of the specific facts, the applicable treaty, and the current policies of both governments. Attorney Prasad can give you an honest assessment of eligibility before you invest time in a process that may not be available in your situation.

How Prasad Legal Helps

Treaty transfer cases sit at the intersection of federal criminal law, international law, and the administrative processes of multiple government agencies. Most defense attorneys have never handled one. That unfamiliarity can translate into application errors, missed deadlines, and denials that could have been avoided.

Anjali Prasad has navigated this process successfully. As a former federal prosecutor, she understands how the DOJ evaluates transfer applications, what raises concerns at the agency level, and how to present a case effectively. She manages every stage of the process — from the initial application through the consent verification hearing — so that clients and their families have a clear advocate at every step.

For families based outside the United States who need a trusted U.S.-based attorney to manage this process on their behalf, Prasad Legal offers that guidance and communication throughout. You can learn more about the broader federal criminal defense services Anjali Prasad provides to clients throughout Southeast Michigan.

What to Expect from the Process

The treaty transfer process involves several stages and multiple agencies. It begins when the prisoner contacts their Bureau of Prisons case manager and requests to complete BOP Form 297. That application is then reviewed by the Bureau of Prisons, forwarded to the IPTU for evaluation, and a final decision is made by senior leadership within the Office of International Affairs. If the United States approves the transfer, the prisoner’s home country must also review and approve it. Once both governments agree, a consent verification hearing is scheduled before a federal magistrate judge, where the prisoner formally consents to the transfer and confirms they understand its consequences. The physical transfer follows.

The timeline can range from several months to over a year depending on the complexity of the case and the responsiveness of the receiving country. Having experienced counsel involved from the beginning keeps the process moving and addresses problems before they become denials.

For official information on the IPTU and the countries with active transfer treaties, the U.S. Department of Justice’s International Prisoner Transfer Unit page is the authoritative resource.

Serving Southeast Michigan and Foreign National Clients Nationwide

Prasad Legal works with foreign nationals in federal custody and their families throughout Southeast Michigan, including clients connected to Oakland County, Wayne County, and Macomb County, as well as communities including Bloomfield Hills, Troy, Birmingham, Royal Oak, Novi, and Farmington Hills.

Ready to Explore a Treaty Transfer?

If you are a foreign national serving a federal sentence and want to know whether a transfer to your home country is possible, the first step is a conversation. Contact Prasad Legal today to schedule a confidential consultation and get clear, honest answers about your options.