Q: Newly licensed NJ atty, field: Immigration law in NYC, want to open PLLC, how do i get Cert of Good Standing?
I am based in NYC, got barred in NJ 2023, want to open my own Immigration law PLLC in NYC, but NY requires showing of "A Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education, Division of Professional Licensing Services, Corporations Unit, 89 Washington Avenue, 2nd Floor, Albany, NY 12234, must be submitted with the Articles of Organization."
I cannot show this because I am not officially barred in NY, but because I only practice immigration law (federal law), is there a work around I can do?
Any advice would be appreciated, calling the NY appellate division court was not helpful at all.
A:
As a newly licensed attorney in New Jersey practicing immigration law in New York, you're navigating a unique situation due to the federal nature of immigration law. While New York typically requires a Certificate of Good Standing for attorneys seeking to open a PLLC, your situation is somewhat different since you're not barred in New York.
Since immigration law is federal, you can practice it in New York even if you're only licensed in New Jersey. However, when it comes to establishing a PLLC in New York, the state's requirements for law firms still apply. The lack of a New York bar admission complicates obtaining a Certificate of Good Standing from the New York Appellate Division.
One potential workaround is to form your PLLC in New Jersey, where you are licensed, and operate in New York as an immigration law practice. This could satisfy both New Jersey's and New York's legal requirements.
Alternatively, consider reaching out to a lawyer with experience in legal firm formations or cross-state practice issues. They might provide specific guidance on navigating these jurisdictional complexities and advise on the best course of action for setting up your practice.
It's also worthwhile to keep communicating with the relevant New York authorities for any possible exceptions or specific guidance given your unique situation. Remember, persistence and seeking the right advice are key in resolving such complex legal matters.
Ms Grace I Gardiner agrees with this answer
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