Federal Clerkship possible for non-US citizen/non-perma resident immigrant? Forum

[Anonymous User]

my lawlz school's clerkship director, who hasn't been fired yet, doesn't have a god damn clue. I'm a non-resident alien with a work permit+visa. However, I am aware of restrictions on federal jobs, not allowing non-citizens/green-card holders. Would appreciate any insight.

[A. Nony Mouse]

This is I think still the language from the fed courts website:

Employment of Non-Citizens

Under the new law, appropriated funds may not be used to pay compensation to non-citizen employees with duty stations in the continental United States, unless they qualify under one of the following exceptions:

- lawful permanent residents (i.e., green card holders) who are “seeking citizenship as outlined in 8 U.S.C. § 1324b(a)(3)(B);”

- persons admitted as refugees or granted asylum who have filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or

- persons who owe “allegiance” to the United States (e.g., nationals of American Samoa, Swains Island, and Northern Mariana Islands, and nationals who meet other requirements described in 8 U.S.C. § 1408).

Non-citizens may be interviewed and considered for future employment. An offer of employment can only be made if the non-citizen candidate is a lawful permanent resident who is ‘seeking’ U. S. citizenship. A lawful permanent resident ‘seeking citizenship’:

- may not 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),

- at which point he or she must apply for citizenship within six months of becoming eligible, and

- complete the process within two years of applying (unless there is a delay caused by the processors of the application).


I'm not sure exactly what constitutes "continental US" for this purpose, but it seems to suggest that you can't get paid unless you're in Guam/Marianas/etc (I totally don't know US possessions).

[rpupkin]

I'm not sure exactly what constitutes "continental US" for this purpose, but it seems to suggest that you can't get paid unless you're in Guam/Marianas/etc (I totally don't know US possessions).

At least as of a few years go, the contiguous 48 states counted as the "continental U.S." for purposes of employment with the federal courts. So non-citizens could get federal clerkships in Alaska and Hawaii. I had a non-citizen friend from law school who clerked for a Ninth Circuit judge in Alaska.

ETA:

my lawlz school's clerkship director, who hasn't been fired yet, doesn't have a god damn clue.

That's outrageous. I can kinda understand not immediately knowing the answer. But I can't believe that the director wouldn't at least promise to get back to you with an answer in a few hours.

[RetakeFrenzy]

That's interesting. I'm an international student, and my school's clerkship advisor knew the answer to that.

Anyway, other posters are right. Non-citizens can clerk for federal judges in Hawaii, Alaska, Guam, Puerto Rico, Virgin Islands, and other U.S. territories.

If you need to stay in the main land, you can clerk for a state judge. Many state courts are open to hiring international students as judicial clerks. I can't remember off the top of my head, but I know state courts in MA, HI, TN, and NE require U.S. citizenship.

[Anonymous User]

That's interesting. I'm an international student, and my school's clerkship advisor knew the answer to that.

Anyway, other posters are right. Non-citizens can clerk for federal judges in Hawaii, Alaska, Guam, Puerto Rico, Virgin Islands, and other U.S. territories.

If you need to stay in the main land, you can clerk for a state judge. Many state courts are open to hiring international students as judicial clerks. I can't remember off the top of my head, but I know state courts in MA, HI, TN, and NE require U.S. citizenship.

This isn't technically 100% accurate. In case OP is interested, non-citizens who do not fall under the enumerated exceptions can still clerk for Fed judges in the continental US, but with no salary. Basically you can still be a volunteer clerk. I personally know of people who have done it. Obviously it's not something that's feasible for most people, but the option is out there.

[Anonymous User]

That's interesting. I'm an international student, and my school's clerkship advisor knew the answer to that.

Anyway, other posters are right. Non-citizens can clerk for federal judges in Hawaii, Alaska, Guam, Puerto Rico, Virgin Islands, and other U.S. territories.

If you need to stay in the main land, you can clerk for a state judge. Many state courts are open to hiring international students as judicial clerks. I can't remember off the top of my head, but I know state courts in MA, HI, TN, and NE require U.S. citizenship.

This isn't technically 100% accurate. In case OP is interested, non-citizens who do not fall under the enumerated exceptions can still clerk for Fed judges in the continental US, but with no salary. Basically you can still be a volunteer clerk. I personally know of people who have done it. Obviously it's not something that's feasible for most people, but the option is out there.

Another option if you can afford it. But make sure to discuss with your judge your title and responsibilities. Some judges will treat you like the other paid clerks and thus will not require you to note on your resume taht you were a volunteer clerk, while others might just have you doing all the jurisdictional questions, habeas, and other tedious issues..

[RetakeFrenzy]

That's interesting. I'm an international student, and my school's clerkship advisor knew the answer to that.

Anyway, other posters are right. Non-citizens can clerk for federal judges in Hawaii, Alaska, Guam, Puerto Rico, Virgin Islands, and other U.S. territories.

If you need to stay in the main land, you can clerk for a state judge. Many state courts are open to hiring international students as judicial clerks. I can't remember off the top of my head, but I know state courts in MA, HI, TN, and NE require U.S. citizenship.

This isn't technically 100% accurate. In case OP is interested, non-citizens who do not fall under the enumerated exceptions can still clerk for Fed judges in the continental US, but with no salary. Basically you can still be a volunteer clerk. I personally know of people who have done it. Obviously it's not something that's feasible for most people, but the option is out there.

Another option if you can afford it. But make sure to discuss with your judge your title and responsibilities. Some judges will treat you like the other paid clerks and thus will not require you to note on your resume taht you were a volunteer clerk, while others might just have you doing all the jurisdictional questions, habeas, and other tedious issues..

Yeah. I totally forgot about that option. My friend also worked for a federal district judge as a volunteer clerk...