Kieran24

Hi everyone, this is my first post here, and I am hoping maybe someone could lend some advice on my immigration issue. Thanks in advance.

I am a law graduate of a UK university and intend taking the NY Bar Exam at the end of the year, by taking classes in NY state from Dec 2010 to Feb 2011, and the Bar exam itself in February. I am an Irish citizen resident in N.I. (UK jurisdiction).

I have also run into a legal issue at home, that being an arrest in the UK in April for assault on a minor. No assault took place, the whole situation the result of a malicious phone call from the local nutcase (no other word for it really), who accused me of assaulting her 15 year old son on the street.

I was arrested, released on bail pending inquiries, and the case was quickly dismissed by the DPP (local equiv of the Crown Prosecution Service) after the decision that there was no case and no prosecution would be sought. I received a letter to this effect in June/July. I have no criminal convictions, have never been in any sort of legal trouble until being subjected to this. Perhaps unrelated, the case is being looked at by the Police Ombudsman following my filing of a complaint.


So, my situation is dependent on two factors:

1) Whether studying and taking a Bar exam (which would all in take less than 90 days) would preclude me from travel under the VWP.

2) Whether the arresr would preclude me from traveling under the VWP.


If I would not be VWP eligible, what would the process be for seeking a visa considering I am going for study.I have used the VWP for tourism on three previous occasions, the most recent being Dec 2009, and never overstayed.


Thank you again for the help.

henryh

Arrest should not be an issue. Answer all questions on the ESTA and at the border honestly.

Studying may or may not be ok under the VWP. Taking the exam is probably ok. If the studying isn't permitted, you should be able to get an F-1, J-1 or M-1 visa. Might be worth contacting the school for advice, though you should also do research yourself.

Kieran24

Thanks for the reply.

I've got mixed messages on the studying part of it. I had an immigration attorney in the US tell me when I was last over (start of this year) that I should be ok as the classes and exam come within the 90 days, but that it would depend on the official at the POE. I was thinking I'd get this sort of response, so it's had me in limbo since really.

I'm thinking I should call the US consulate in Belfast about that, to see what they tell me.

henryh

Unfortunately the US consulate is totally unqualified to give you advice on this. Firstly it's operated by the Department of State rather than CBP (or, potentially, ICE) who would be the ones to actually make a decision. Secondly, the government is not obligated to give you correct advice. If they give you incorrect advice and you follow it, you are still liable.

This kind of study on the VWP is a grey area that you will have difficulty navigating. Sorry.

henryh

The fact that the study is less than 90 days does not make it automatically okay under the VWP. For instance, I was required to apply for an M-1 visa in order to take 4 weeks of pilot training at a flight school in Florida. M-1s are for vocational training which might or might not be applicable. F-1 visas are usually for study that would lead to an accredited degree, so doesn't seem appropriate to me - but I'm not qualified to say. J-1s are for exchange programs which again doesn't seem to fit.

What kind of institution will you be studying at? If it will just be you, some books and a public library then the VWP is probably fine, but you may have to convince the CBP officer of that (or you might be let in with nary a question)

Kieran24

It would be BarBri classes. The full schedule is not yet available, but it would be an all week classes type thing held at various college campuses in the city.

nettlebed

If you can afford to take legal training, a consultation with a qualified attorney might be a good idea. Heck, you might be able to get it free, given the circumstances, but it any case, it's probably a great idea...

tht

Also taking the NY bar exam may lead an IO to believe you are looking to work in the US (NY) as a lawyer, not sure it has much application out side NY.

tht

retzie

Have you asked the BarBri people? I can't imagine they wouldn't know if their past students needed visas.

Kieran24

I understand it could raise some questions, but plenty of foreign students take it for different reasons, not all because they wish to practice in the United States.
It does have value outside NY state, as it qualifies you as an attorney in Ireland and the UK after taking the transfer test here and working even in paralegal cont and noncont cases. You can forgo the need to seek a training contract (which aren't easy to come by in this poor economic climate).

I'll speak to an immigration attorney about this, hopefully tomorrow morning.

Kieran24

I have, and have received again different responses. It's like a grey area, seems like no one wanted to commit either way.

Kieran24

Doing that tomorrow with any luck. Thanks.