Visa for taking the New York Bar Exam?
I will be sitting the New York bar exam in a week and just sorted out my ESTA stuff online. I was wondering is my purpose for travelling covered under the Visa Waiver Programme. Do I need a different visa is my main worry?
Best Answer
If you qualify for a VWP/ESTA then visiting in order to conduct forms of business where you aren't being paid is normally permissible:
The Visa Waiver Program (VWP) allows citizens of participating countries* to travel to the United States without obtaining a visa, for stays of 90 days or less for tourism or business. ...
The following are examples of activities permitted while in the United States on the VWP. * consult with business associates * attend a scientific, educational, professional, or business convention or conference * attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay) *negotiate a contract (Source)
While test taking is not explicitly permitted, "training" and other forms of academic activity is -- as long as you are not being paid.
The problem is that the only reason you'd take the NYS bar -- in the eyes of an examiner -- would be to work in the future as a lawyer in the USA. So they may raise legitimate concerns about your intent to immigrate that you will have to dispel. See for example this internet post here where the poster was denied because of insufficient ties to his home country.
You may need to come up with a convincing reason why you'd want to take the NYS bar exam but then return to work as an attorney in your home country.
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Can foreigners practice law in NY?
The foreign-educated applicant must have fulfilled the educational requirements for admission to the practice of law in a foreign country other than the United States. The applicant must have a qualifying degree, which must be a degree in law. Accreditation (520.6[b][1]).Who can take the bar in New York?
The applicant must study law in the law office for a period of four years under the supervision of an attorney who is admitted to practice law in New York . (Credit toward this four year requirement is given for successfully completed semesters in an ABA approved law school.)Can I take an exam with B2 visa?
The B1/B2 visa is appropriate for appearing for exam in US.Can you take the bar in New York without going to law school?
California, Vermont, Virginia, and Washington allow you to take the bar exam without going to law school. If you live in Maine or New York, you can substitue one or two years of law school with an apprenticeship.How I found out I was eligible to sit for the New York Bar Exam | BARBRI Extended U.S. Bar Prep
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