Foreign Llb. grad and Bar passer with foreign Government work experience weighing options for work in America

[HollyGolightly 72]

Hi,

While on vacation in the US my bf asked me to marry and stay here with him. I am on a B2 visa that's about to expire in a month. I am on sabbatical leave from my job in the Philippines which is to expire around the same time. My worry is that my education and work experience will not translate to an equivalent job in the US. I have worked as an attorney in the Philippines. I dabbled into Election practice, Civil and Family law before I landed my job as an Attorney V for the Philippine National Police Commission. My main functions were to act as a Summary Hearing Officer, which works the same way as an Adjudicator or Magistrate in the US and also represent my Commission in any legal matters, provide legal advice, analyze documents and deal with clients involving police complaints and other matters. I have not considered the possibility of moving here until this recent development and I do not know what options I have in terms of finding a job in the US. I am not picky and any job that would pay sufficiently to support a family will be nice. My worst fear however, is that I end up a cashier or bagger at a Walmart which is not something I look forward to. Granted that a Walmart job could probably equal what I was getting paid for in the Philippines working as a lawyer, it is still not what I envision my life to be moving in the US.

Any advice and experiences relevant to mine would be greatly appreciated.

K

[apple21 953]

Your B2 visa (expired or not) does not give you the right to seek employment in the US.

Read this GUIDE: http://www.visajourney.com/content/i130guide2

[Marizhell 11]

@Apple 21 is right..... the link provided is very informative. B2 or tourist visa does not give you any right to seek employement here in US and getting married to a USC is a red flag in USCIS. As per my advice, you need to go back to Philippines before your tourist visa expires and from there you and your bf can file a fiancée visa or get married in Philippines and have the spousal visa. You have work as an attorney in the Philippines and you may have more knowledge than us with regards to legal matters. Better do the right thing so that if ever your already married to your USC bf, you can focus on your profession.

With regards to your profession, you can check the US state requirement, the different licensure that you need, to have to practice your profession, it may take longer time but its worth in the end. I perfectly understand your feelings of taking a risk esp if the your profession is involve but then if you really LOVE your bf and wants to be with him then take the risk.

Goodluck KABAYAN

[apple21 953]

Before you think of your future career, worry about your status first.

Edited June 21, 2013 by apple21

[HollyGolightly 72]

I totally understand the risks involved should I decide to overstay my visa. I have not weighed the pros and cons of staying and applying for an AOS on a B2 over applying at the consulate in Manila but from my initial reading all it requires really is being able to overcome that general presumption of intent to marry for immigration purposes prior to entry to the US. Then again, immigration is not my area of expertise specially not US immigration and merely reading the law can be quite different to actual practice. I do not know the success rate of cases like mine and while I'm on the fence on what to do I am just looking ahead for honest advice from people who've gone through the same situation as I am currently going through. Getting married and moving away from their home, risking it all to be with someone with all that uncertainty hanging over their shoulder. It is highly beneficial for me to first go back to Manila so I may wind up my affairs there but my bf/fiance is more inclined to have me stay. I am just hoping for some insight, not on what to do but on what you have experienced. If anybody out there is in a sharing mood, that is.

[Darnell 8,478]

re: job

when yer able, i suggest pursuing a line of work as a clerk in a court,

then study the state requirements for being a lawyer in your state.

clerking for a judge is always a good thing - you not need a law degree in USA to do that, and it gives you a leg up down the road.

some states not require a juris doctorate, only to pass the bar exam - so pay attention to that.

other states require you a juris doctorate plus passing of the bar exam.

working as a clerk whilst pursuing the certification is good thing, IMO.

alternatively - most child protective services offices utilizing a legal professional, sometimes is NOT a state-certified lawyer - so keep that in mind.

alternatively - you could always work as a paralegal in an attorney's office, as soon as you had EAD and SSN in hand.

Edited June 24, 2013 by Darnell

[Darnell 8,478]

if yer settling in Colorado - here's some colorado info:

http://www.lawyeredu.org/colorado.html

http://www.lawyeredu.org/colorado.html

http://www.lawyeredu.org/colorado.html

[Darnell 8,478]

Hey ! What did you decide ?

[HollyGolightly 72]

Hi, sorry for the late reply Darnell.

I've been busy arranging the packet for AOS after the wedding. Man, it was a little daunting but we managed to get my papers in in less than 2 weeks. I submitted my papers on July 15 and was able to get a NOA (through G-1145) 3 days after. In the meantime, I contacted friends who've made the transition (although not in Colorado) to getting licensed via taking the State bar and did a bit of recon. I am definitely taking the Co Bar in february but will prolly pick up either an internship (with the family court judge that married us) or apply for state clerkships in our county. Reading the qualifications, I think I could be a perfect fit for some of these positions. I am hopeful. Can't wait to get my hands on that EAD so I can start applying myself. Waiting sucks, I feel like I'm in a state of suspended animation and there's nothing I can do about it but honker down and be patient.

[Darnell 8,478]

Congrats on the marriage !

I'd check in with the state bar office and inquire (via telephone)

if all you need to do is pass the bar exam there.

(as opposed to graduating from an approved law school and then sitting for the exam)

Go Get Em, and Good Luck !

[Confusedtinybird 41]

Hi, sorry for the late reply Darnell.

I've been busy arranging the packet for AOS after the wedding. Man, it was a little daunting but we managed to get my papers in in less than 2 weeks. I submitted my papers on July 15 and was able to get a NOA (through G-1145) 3 days after. In the meantime, I contacted friends who've made the transition (although not in Colorado) to getting licensed via taking the State bar and did a bit of recon. I am definitely taking the Co Bar in february but will prolly pick up either an internship (with the family court judge that married us) or apply for state clerkships in our county. Reading the qualifications, I think I could be a perfect fit for some of these positions. I am hopeful. Can't wait to get my hands on that EAD so I can start applying myself. Waiting sucks, I feel like I'm in a state of suspended animation and there's nothing I can do about it but honker down and be patient.

Hi there,

Don't want to rain on your parade. But I was going to get a foreign law degree then I found out most states dont accept it and it's useless. I did a lot of research into this. Look at people doing their JD now in the USA they graduate from top law schools and they can't find work. Law schools are turning out so many lawyers and there isn't enough space for them. What I have found is most states, and it varies from state to state what you to have a Master of Law. Then you have to sit for the bar and pass it. Some want you to get your JD and won't even accept your foreign degree. You should find out what you need to do in Colorado and tell them what you studied and where you are from.

It also matters if the country you come from has common law, civil law, or a mixed hybird system. Law is very complex as I am sure you already know, and it even differs state to state. But seek out advise and ask multiple people.

[HollyGolightly 72]

That is not true. A foreign llb is not useless in the US. In Colorado there are only 3 criteria to sit the bar. Rule 201.5(2)(1)(iii) of the CRCP requires that 1) at the time of the application to sit and take the bar the foreign law graduate has graduated from a common law, english speaking country; 2) you were previously admitted to practice (passed the bar) in your local jurisdiction; 3) you practiced for 5 of the 7 years prior.

The Philippines is a mix state having both influence from the Spanish Civil Laws and the English Common Law due to its colonial heritage. English is the official language of the laws, in fact, all laws are codified in English. In actual courtroom practice, while the vernacular is permitted, it is translated in the transcripts to english for purposes of conforming to this rule.

I passed and was admitted membership to the Philippine Bar in 2006 and have been practicing in various fields of law (family, property, criminal, election and administrative law) since then. My main field of practice was as adjudicator (the US's version of a magistrate) in police administrative complaints for 5 years prior to my coming to the US.

I would admit that transitioning to US law coming from Philippine law is "different". But in essence, all civil and common laws are the same. If I were to pick particular states to take the bar I would say I would be easily admitted (provided I pass) either in New York or California. California Law is closest to the Philippines and most of the people I know coming from my jurisdiction have better luck transitioning their practice there due to the larger Filipino community (and client base). New York is the most open and most ideal to foreign lawyers wanting a US state bar qualification. The exam is also relatively easier than California. In fact, I had a classmate take the New York bar after she finished taking the Philippine bar. Passed New York and failed the Philippine bar because it was relatively easy. The Philippine bar is among the hardest in the world. In fact, only 17% passed this year (949 out of 5,686). It is a month long exam. 4 sundays of November (September during my time) and when you fail, you wait another year to take it. Another year of your life wasted.

I'm not feeling cocky or confident that I will be admitted to the CoBar. I just know it's possible. It can be done. Someone has done it before and I'm just going to work my hardest and give it a shot. There is no harm in trying.

[HollyGolightly 72]

Hi there,

Don't want to rain on your parade. But I was going to get a foreign law degree then I found out most states dont accept it and it's useless. I did a lot of research into this. Look at people doing their JD now in the USA they graduate from top law schools and they can't find work. Law schools are turning out so many lawyers and there isn't enough space for them. What I have found is most states, and it varies from state to state what you to have a Master of Law. Then you have to sit for the bar and pass it. Some want you to get your JD and won't even accept your foreign degree. You should find out what you need to do in Colorado and tell them what you studied and where you are from.

It also matters if the country you come from has common law, civil law, or a mixed hybird system. Law is very complex as I am sure you already know, and it even differs state to state. But seek out advise and ask multiple people.

You forget also that when a foreign lawyer is admitted to practice in a US state after having passed the state bar, he ceases to be a "foreign lawyer" by virtue of his admission. If he choses a private solo practice in immigration, patents or tax for example, I doubt any of his clients will be interested in seeing his foreign law degree diploma prior to retaining him. It would be a different case if he decides to apply for a prestigious law firm position. Only then will his graduation form an American Bar Accredited school come into question. Other than that, state bar qualifications will always open doors for any foreign lawyer immigrating and choosing a practice in the US and will always be viewed as an advantage.

Edited July 23, 2013 by HollyGolightly

[Darnell 8,478]

That's so cool that, for you, you just need to take the bar exam .. I'm so happy for you ! Much less stress, la.

[HollyGolightly 72]

Better said than done Darnell! At least my options are looking better. Wish me luck!