green card at the time off application?

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sanzgo

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green card at the time off application?

Postby sanzgo » Mon May 22, 2017 5:02 am

So I'm currently waiting in line for my green card which should become available within the next 3 years.

Just wondering but what happens when you get your green card in the middle of a clerkship?

I know that technically, you can be a federal judicial clerk within the continental US even without a greencard or citizenship. You just can't get paid. (Btw, can you still list your title as "judicial clerk" if you aren't getting paid?)

So assuming I get my greencard around 2020, I was thinking of applying for clerkships this coming fall and possibly asking the judge if he/she could push back the start date to 2020 or 2021 (btw, is this even possible?). Then if all goes well and I have my GC before clerkship start date, then no problems there.

But if I don't get my GC until after the clerkship starts, what happens logistically? Can they shift me onto the payroll mid-clerkship? Seems like a logistical nightmare...

I know I could just wait until after graduation to apply but I'd like to apply when I'm still in school and have institutional backing.

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heythatslife

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Re: green card at the time off application?

Postby heythatslife » Mon May 22, 2017 8:15 am

Well you actually need to be a full-fledged citizen to be a paid federal employee in "competitive service" (i.e. for which there is a formalized hiring process and there are competent US-citizen applicants) so getting a green card isn't going to do much for you in this instance.

sanzgo

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Re: green card at the time off application?

Postby sanzgo » Mon May 22, 2017 8:20 am

heythatslife wrote:Well you actually need to be a full-fledged citizen to be a paid federal employee in "competitive service" (i.e. for which there is a formalized hiring process and there are competent US-citizen applicants) so getting a green card isn't going to do much for you in this instance.


doesn't apply to judicial clerks.

http://www.uscourts.gov/careers/search- ... -judiciary

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heythatslife

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Re: green card at the time off application?

Postby heythatslife » Mon May 22, 2017 8:23 am

sanzgo wrote:
heythatslife wrote:Well you actually need to be a full-fledged citizen to be a paid federal employee in "competitive service" (i.e. for which there is a formalized hiring process and there are competent US-citizen applicants) so getting a green card isn't going to do much for you in this instance.


doesn't apply to judicial clerks.

http://www.uscourts.gov/careers/search- ... -judiciary

Did you miss this part, then? (assuming you're not a refugee/asylee)

"To comply with requirement No. 4 above, an individual must be a lawful permanent resident (have a green card) and apply for citizenship within a short time of first becoming eligible to do so. An individual is not eligible to apply for citizenship until he or she has been a permanent resident for at least five years (three years if seeking naturalization as a spouse of a citizen)."
Last edited by heythatslife on Mon May 22, 2017 8:27 am, edited 1 time in total.

Hand

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Re: green card at the time off application?

Postby Hand » Mon May 22, 2017 8:26 am

heythatslife wrote:
sanzgo wrote:
heythatslife wrote:Well you actually need to be a full-fledged citizen to be a paid federal employee in "competitive service" (i.e. for which there is a formalized hiring process and there are competent US-citizen applicants) so getting a green card isn't going to do much for you in this instance.


doesn't apply to judicial clerks.

http://www.uscourts.gov/careers/search- ... -judiciary

Did you miss this part, then? (assuming you're not a refugee/asylee)

"To comply with requirement No. 4 above, an individual must be a lawful permanent resident (have a green card) and apply for citizenship within a short time of first becoming eligible to do so. An individual is not eligible to apply for citizenship until he or she has been a permanent resident for at least five years"

did you miss this part?
NOTE: A lawful permanent resident who is not yet eligible to apply for citizenship at the start of judicial employment may lawfully be employed by the judiciary, provided that he or she submits an affidavit indicating the intent to apply for citizenship when eligible to do so.

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heythatslife

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Re: green card at the time off application?

Postby heythatslife » Mon May 22, 2017 8:28 am

lol my bad too early in the morning for me

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mjb447

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Re: green card at the time off application?

Postby mjb447 » Mon May 22, 2017 10:03 am

In general, I think you're not supposed to use any variation on the term "law clerk" if you're not getting paid. That said, unpaid positions are also supposed to focus on "providing an educational experience for the volunteer." If you're performing the same work as a law clerk that may be a guideline worth breaking.

http://www.uscourts.gov/sites/default/f ... 4-09_0.pdf starting at 22.

Npret

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Re: green card at the time off application?

Postby Npret » Mon May 22, 2017 10:13 am

How do you clerk without a visa? I'm confused here as to how you will be in the country legally after you graduate.

Also: don't make plans like clerking depending on your green card being processed in a timely manner. Just my opinion.

sanzgo

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Re: green card at the time off application?

Postby sanzgo » Mon May 22, 2017 11:28 am

mjb447 wrote:In general, I think you're not supposed to use any variation on the term "law clerk" if you're not getting paid. That said, unpaid positions are also supposed to focus on "providing an educational experience for the volunteer." If you're performing the same work as a law clerk that may be a guideline worth breaking.

http://www.uscourts.gov/sites/default/f ... 4-09_0.pdf starting at 22.


huh; never seen that before. thanks for the tip.

runinthefront

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Re: green card at the time off application?

Postby runinthefront » Mon May 22, 2017 11:32 am

Npret wrote:How do you clerk without a visa? I'm confused here as to how you will be in the country legally after you graduate.

Also: don't make plans like clerking depending on your green card being processed in a timely manner. Just my opinion.

You can use OPT time for a year. Why question the OP about such an obvious (and resolvable) issue?
Last edited by runinthefront on Fri Jan 26, 2018 11:03 pm, edited 1 time in total.

sanzgo

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Re: green card at the time off application?

Postby sanzgo » Mon May 22, 2017 11:33 am

Npret wrote:How do you clerk without a visa? I'm confused here as to how you will be in the country legally after you graduate.

Also: don't make plans like clerking depending on your green card being processed in a timely manner. Just my opinion.


there're a couple options.

most likely, my priority date will become current before graduation so i can just file i-485 and legally stay/work here. (will still take a year-ish from this point to receive GC)

if priority date doesn't become current before graduation but it's pretty close, i can rely on opt in the beginning then file i-485 during clerkship.

it is a pretty messy situation though. really wanna clerk though : (

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Re: green card at the time off application?

Postby Anonymous User » Mon Jun 19, 2017 6:29 pm

OP, how did you bring up the topic of your immigration status and desire for a non-paid clerkship with the judge? Did it give you any advantage/disadvantage over other applications because you are not being paid?

thr

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Re: green card at the time off application?

Postby thr » Sat Jul 08, 2017 1:08 pm

Would having the EAD/AP give me eligibility to clerk? It's like a mini green card that they give to people born in countries with a long wait. With it, you have gc privileges like employment and re-entry to the country. Getting it via husband's employer, actual green card may be an additional two year wait. Also very curious which step in the application do they check for eligibility.

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Re: green card at the time off application?

Postby Anonymous User » Sat Jul 08, 2017 10:32 pm

God, people on this forum are such assholes when it comes to immigration / visa issues - as is the rest of the US I guess.

thr wrote:Would having the EAD/AP give me eligibility to clerk? It's like a mini green card that they give to people born in countries with a long wait. With it, you have gc privileges like employment and re-entry to the country. Getting it via husband's employer, actual green card may be an additional two year wait. Also very curious which step in the application do they check for eligibility.


My understanding is that you won't be able to get paid for a clerkship if you start while on EAD/AP. You have to be an LPR on the day your clerkship starts. Keep in mind that 1) judges are on the whole pretty reluctant about volunteer clerkships, and 2) at least from my experience, judges are also fairly reluctant about trusting you, the applicant, when you say that you will be regularized on X date. Getting a clerkship with an uncertain immigration status sucks :(



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