I am 46 (female) in the process of becoming a US Citizen. I am already a green card holder. I did my LLB from India (Uttar Pradesh) and is a member of Bar Council of Gujarat. I was actually a practicing lawyer in Mumbai for a few years before I left India.
I migrated to the US after marriage, did an LLM and became licensed (Bar License) in New York.
On my profile I always write 'India, New York Qualified Immigration Lawyer'.
Can I legally keep it after I become a US citizen? Is it actually legal to keep it?
Why I am asking - even a person of Indian origin cannot be an advocate in India. Only Indian citizens can be an advocate in India. Once you loose your Indian Citizenship ▮▮▮ are technically ineligible to be an advocate or continue as an advocate.
But - A lot of big city new york law firms (global AM100 law firms) actually have lawyers who did LLB from National Law Universities in India, LLM in the US and still keeping "Qualified in India and New York/California'' despite the fact that many of them became citizens years back.
How could these Indian Lawyers keep -" Qualified in India and US". Despite the fact that they are no longer qualified in India?
I am a small time immigration lawyer, so for me these many technicalities doesn't matter. But for firms like Baker and Mckenzie, Latam and Watkins it really does. How could these firms allow thier indian lawyers to still keep this on thier website?
On your question: OCIs can be lawyers in India. There is a GOI notification re the same. Get an OCI card after your citizenship change and you should be fine.
But there are a few larger issues:
(i) Indian lawyers can’t be “employed” - Indian law firms structure their contracts in a retainer-ship form to avoid this. Foreign firms don’t (speaking from my personal experience). Most Indians working abroad with firms are also on employment visas. Therefore, such lawyers must per BCI Rules suspend their Indian license.
(ii) Irrespective of the qualification of their lawyers, foreign law firms cannot practice Indian law. Although there isn’t an explicit prohibition (to the best of my knowledge) in the BCI Rules, but foreign law firms risk it not - both from a bar council and a tax perspective. So that US/UK and India dual qualified tag has no practical utility (except for business development).
In theory, I can’t think of any problems in being a US Citizen+OCI advising on Indian law as a solo practitioner in NY. Hope it helps!
There is no continuing obligation of Indian citizenship for the Sanad or entitlement to practice in Indian courts. Neither in the act nor in the rules.
Further, if you are OCI (as well as PIO) then by virtue of a gazette notification (issued more than a decade back) you are equal to Indian citizen for the purposes of Advocates Act.
In your case the latter is likely to apply, assuming that you would be registered as an OCI.
So chill and apply for your US citizenship. The Indian lawyers using 'Qualified in India' are doing so legally.
I am 46 (female) in the process of becoming a US Citizen. I am already a green card holder. I did my LLB from India (Uttar Pradesh) and is a member of Bar Council of Gujarat. I was actually a practicing lawyer in Mumbai for a few years before I left India.
I migrated to the US after marriage, did an LLM and became licensed (Bar License) in New York.
On my profile I always write 'India, New York Qualified Immigration Lawyer'.
Can I legally keep it after I become a US citizen? Is it actually legal to keep it?
Why I am asking - even a person of Indian origin cannot be an advocate in India. Only Indian citizens can be an advocate in India. Once you loose your Indian Citizenship ▮▮▮ are technically ineligible to be an advocate or continue as an advocate.
But - A lot of big city new york law firms (global AM100 law firms) actually have lawyers who did LLB from National Law Universities in India, LLM in the US and still keeping "Qualified in India and New York/California'' despite the fact that many of them became citizens years back.
How could these Indian Lawyers keep -" Qualified in India and US". Despite the fact that they are no longer qualified in India?
I am a small time immigration lawyer, so for me these many technicalities doesn't matter. But for firms like Baker and Mckenzie, Latam and Watkins it really does. How could these firms allow thier indian lawyers to still keep this on thier website?
But there are a few larger issues:
(i) Indian lawyers can’t be “employed” - Indian law firms structure their contracts in a retainer-ship form to avoid this. Foreign firms don’t (speaking from my personal experience). Most Indians working abroad with firms are also on employment visas. Therefore, such lawyers must per BCI Rules suspend their Indian license.
(ii) Irrespective of the qualification of their lawyers, foreign law firms cannot practice Indian law. Although there isn’t an explicit prohibition (to the best of my knowledge) in the BCI Rules, but foreign law firms risk it not - both from a bar council and a tax perspective. So that US/UK and India dual qualified tag has no practical utility (except for business development).
In theory, I can’t think of any problems in being a US Citizen+OCI advising on Indian law as a solo practitioner in NY. Hope it helps!
There is no continuing obligation of Indian citizenship for the Sanad or entitlement to practice in Indian courts. Neither in the act nor in the rules.
Further, if you are OCI (as well as PIO) then by virtue of a gazette notification (issued more than a decade back) you are equal to Indian citizen for the purposes of Advocates Act.
In your case the latter is likely to apply, assuming that you would be registered as an OCI.
So chill and apply for your US citizenship. The Indian lawyers using 'Qualified in India' are doing so legally.
There is a specific notification by the Ministry of Overseas Indian Affairs allowing this - you can google it.
https://www.mea.gov.in/images/pdf/2oci-notifi2009.pdf
https://www.mea.gov.in/images/pdf/gazettenotificationonrightsofocicardholdersmarch042021.pdf