RICO’s Q — The case of Celso Gamboa, the former magistrate and former Minister of Security in Costa Rica, is now facing criminal charges in the United States, has grabbed attention not just because of the accusations but due to the complex legal steps involved in his extradition.
One question that often comes up is whether an extraditable such as Gamboa needs a visa before being sent to the U.S. for trial.
The answer is no. When someone is extradited from Costa Rica to the United States, they don’t need a tourist or immigrant visa. This is because extradition is a formal transfer conducted under the supervision of judicial authorities.
Instead of a visa, the person is handed over through international legal agreements. This requires proper travel documents and adherence to the extradition orders issued by the courts.
Here’s what you should know about extradition between Costa Rica and the United States:
- Once the extradition request is approved, officials escort the individual, so normal immigration rules don’t apply.
- Thanks to a legal reform in 2025, Costa Rica can now extradite its own citizens (nationals by birth or naturalization) in cases involving international drug trafficking and terrorism, while still protecting their basic rights.
- The extradition is based on a treaty agreed upon by both countries.
- If the person agrees to the extradition voluntarily, after a judge explains the consequences, the process can move faster.
In short, extradition is a legal procedure, not a typical travel situation, so standard visas aren’t needed.
How Extradition Works on Entry to the U.S.
People arriving under extradition don’t enter like regular travelers. Instead, special legal steps come into play:
- Temporary Stay Permit: The U.S. Department of Justice asks the Department of Homeland Security for a special parole called Significant Public Benefit Parole. This lets the individual legally enter the U.S. just to face charges.
- Documents Needed: The extradition treaty requires paperwork like arrest warrants, indictments, and evidence, but it does not call for a visa.
- Diplomatic Coordination: The whole extradition request moves through Costa Rica’s Ministry of Foreign Affairs and diplomatic channels.
How It Differs from Normal Travel
Unlike someone traveling on their own, who must get a visa from the U.S. Embassy proving financial stability and ties to their home country, an extradited person is under the custody of U.S. federal authorities, such as the Marshals Service. Their immigration status depends entirely on the legal case against them.
Extradition isn’t just about handing someone over. It’s a carefully managed legal process.
Gamboa’s case highlights how international justice depends on strict procedures designed to protect individuals’ rights while allowing countries to work together.