NY Bar Admission Immigration Status Question

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starkillerhg

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NY Bar Admission Immigration Status Question

Postby starkillerhg » Fri Jun 15, 2018 12:54 pm

Hi guys! I just wanted to ask, say I pass all the exams and get certified in NY for admission, what should my immgration status be when i apply? Can I apply for admission with just a b1/b2 visa (this obviously means i wont work/practice on this visa, but can i use it to get admitted to the bar)? Or does it have to be a work visa? Maybe foreign lawyers admitted can share their experience? Thank you! :D

b290

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Re: NY Bar Admission Immigration Status Question

Postby b290 » Fri Jun 15, 2018 4:10 pm

starkillerhg wrote:Hi guys! I just wanted to ask, say I pass all the exams and get certified in NY for admission, what should my immgration status be when i apply? Can I apply for admission with just a b1/b2 visa (this obviously means i wont work/practice on this visa, but can i use it to get admitted to the bar)? Or does it have to be a work visa? Maybe foreign lawyers admitted can share their experience? Thank you! :D

You should be fine. From what I remember, B visas (particularly the B2 - the non-business visitor visa) are pretty liberal once granted - provided you don't work of course. Your only concern's the visa duration and making sure you're good before it expires. The term, fees, and renewability depends on your origin country.

As per the 10th Amendment, and Federal legislation, states determine admission requirements to their bars. In 2015, the Supreme Court (AD-2nd) held that an undocumented aliens can practice in NY. I don't even know if the NY AG's office even responded (as a formality), but the fact that it wasn't appealed to the Court of Appeals basically means that ruling is state policy. That's if you do overstay - although a recent overstay doesn't look good (à la Character & Fitness) and you can get denied for that (again, not for status, but for your willingness to flout Federal law).

My $.02

starkillerhg

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Re: NY Bar Admission Immigration Status Question

Postby starkillerhg » Sat Jun 16, 2018 8:43 am

b290 wrote:
starkillerhg wrote:Hi guys! I just wanted to ask, say I pass all the exams and get certified in NY for admission, what should my immgration status be when i apply? Can I apply for admission with just a b1/b2 visa (this obviously means i wont work/practice on this visa, but can i use it to get admitted to the bar)? Or does it have to be a work visa? Maybe foreign lawyers admitted can share their experience? Thank you! :D

You should be fine. From what I remember, B visas (particularly the B2 - the non-business visitor visa) are pretty liberal once granted - provided you don't work of course. Your only concern's the visa duration and making sure you're good before it expires. The term, fees, and renewability depends on your origin country.

As per the 10th Amendment, and Federal legislation, states determine admission requirements to their bars. In 2015, the Supreme Court (AD-2nd) held that an undocumented aliens can practice in NY. I don't even know if the NY AG's office even responded (as a formality), but the fact that it wasn't appealed to the Court of Appeals basically means that ruling is state policy. That's if you do overstay - although a recent overstay doesn't look good (à la Character & Fitness) and you can get denied for that (again, not for status, but for your willingness to flout Federal law).

My $.02


Thanks for your response! I’m just really concerned that they wouldn’t allow a b1/b2 visa holder to get admitted, because admission=practice and practice=work. I have no plans of working in the US as of now but I want to keep it an option. I’m taking the bar as I believe being licensed in NY would give me an advantage in applying for legal jobs in my home country.

So in the immigration status of the application, I can put “B1/B2 visa holder” and leave SSN blank and that would be ok? I’ve read that the departments take a long time to process the apps for admission and I just want to make sure when I apply I wouldn’t be delayed/denied cos I don’t have a work visa.

Thanks again for your input! :D

b290

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Re: NY Bar Admission Immigration Status Question

Postby b290 » Sat Jun 16, 2018 8:11 pm

starkillerhg wrote:Thanks for your response! I’m just really concerned that they wouldn’t allow a b1/b2 visa holder to get admitted, because admission=practice and practice=work. I have no plans of working in the US as of now but I want to keep it an option. I’m taking the bar as I believe being licensed in NY would give me an advantage in applying for legal jobs in my home country.

So in the immigration status of the application, I can put “B1/B2 visa holder” and leave SSN blank and that would be ok? I’ve read that the departments take a long time to process the apps for admission and I just want to make sure when I apply I wouldn’t be delayed/denied cos I don’t have a work visa.

Thanks again for your input! :D

No probs :) Unless you're here in the United States on business, its going to be a B-2 Visa. The B-1 has particular requirements to get it. As for a SSN, you can't be expected to put one down if you never worked in the country. You can also apply from abroad. It's not like you NEED to be in the US to send your application in. The earlier (and more complete) the sooner you'll get your decision - but that goes for all C&F in the US.

If you don't mind me asking, where are you applying/coming from?

My $.02

irishguy

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Re: NY Bar Admission Immigration Status Question

Postby irishguy » Wed Jun 20, 2018 10:16 am

From a NY Bar requirement standpoint:
You don't need any visa to be admitted in New York. If you're certified for admission and pass C&F, you're in. Congrats!

From a literal standpoint:
You will need some permission to enter the United States to attend the admission ceremony. Depending on where you are from, you should be eligible for Visa Waiver.

(Irish / admitted in NY)

maxmartin

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Re: NY Bar Admission Immigration Status Question

Postby maxmartin » Wed Jun 20, 2018 1:24 pm

starkillerhg wrote:Hi guys! I just wanted to ask, say I pass all the exams and get certified in NY for admission, what should my immgration status be when i apply? Can I apply for admission with just a b1/b2 visa (this obviously means i wont work/practice on this visa, but can i use it to get admitted to the bar)? Or does it have to be a work visa? Maybe foreign lawyers admitted can share their experience? Thank you! :D


It depends on your jx. NY should be fine. I remembered my international classmates couldn't get barred in TX on the non-immigrant visa. They chose to take NY and CA exams and get admitted in those two states.

nada123

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Re: NY Bar Admission Immigration Status Question

Postby nada123 » Thu Jun 21, 2018 3:50 am

irishguy wrote:From a NY Bar requirement standpoint:
You don't need any visa to be admitted in New York. If you're certified for admission and pass C&F, you're in. Congrats!

From a literal standpoint:
You will need some permission to enter the United States to attend the admission ceremony. Depending on where you are from, you should be eligible for Visa Waiver.

(Irish / admitted in NY)


Hi Irishguy,

Was it compulsory to attend the admission ceremony? And how much notice did they give you before you found out about the ceremony date?

Just wondering as i’m also a foreign applicant.

Thanks!

irishguy

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Re: NY Bar Admission Immigration Status Question

Postby irishguy » Thu Jun 21, 2018 7:38 am

nada123 wrote:
irishguy wrote:From a NY Bar requirement standpoint:
You don't need any visa to be admitted in New York. If you're certified for admission and pass C&F, you're in. Congrats!

From a literal standpoint:
You will need some permission to enter the United States to attend the admission ceremony. Depending on where you are from, you should be eligible for Visa Waiver.

(Irish / admitted in NY)


Hi Irishguy,

Was it compulsory to attend the admission ceremony? And how much notice did they give you before you found out about the ceremony date?

Just wondering as i’m also a foreign applicant.

Thanks!


Hey!

I didn't actually inquire whether or not it was compulsory. I just really wanted to go! I think you can select your admission date once certified, so you have some choice.

I don't think you have anything to worry about. You can enter the U.S. on a tourist visa-waiver (ESTA VWP) and be admitted. You don't earn money or ply for hire at the ceremony, so it is perfectly fine to do it on a tourist visa.

Honestly, don't overthink this part. It is the least of your worries if you intend on taking the bar ;)



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