When is an Immigration Lawyer Needed in the Conversion (Giyur) Process?

There is no doubt that when the desire to convert comes from a sincere place, it is primarily a step of spiritual significance. However, this step can also be emotionally charged and have considerable implications for you and your family.

Justice

In Israel, conversion also carries legal and civil significance. The Law of Return grants every Jew (with certain exceptions) the right to immigrate and receive immediate citizenship.

This is a significant privilege; therefore, it is natural that state authorities approach an individual's conversion process with varying degrees of scrutiny.

The religious authorities in Israel often set very stringent standards for conversion that don't necessarily align with the requirements of Jewish law (Halacha) accepted by moderate religious authorities.

Meanwhile, the Ministry of Interior often creates difficulties despite clear legal rulings directing it to do otherwise. To navigate through all these complexities, it is important to have access to an immigration lawyer with expertise in conversion procedures, both legal and religious/Torah-based.

An attorney who brings deep legal knowledge of the complexities of conversion procedures, as well as extensive religious and halachic background in matters of conversion, including familiarity with the nature of the rabbinical courts (Batei Din) and the Ministry of Interior. That is, a lawyer with parallel knowledge in both worlds. Such an attorney is generally able to overcome the challenges and complexities in the process of obtaining status in Israel under the Law of Return based on the completed conversion process.

The attorney requires comprehensive expertise in Jewish law as well as in current legal precedents and rulings concerning recognition of conversion procedures through various existing paths, this being necessary to maximize the available options.

Here are some cases where the guidance of an immigration lawyer specializing in conversion can make all the difference.

Legal Guidance for Israeli Citizens in the Conversion Process

For many Israeli citizens, the decision to undergo a conversion process (Giyur) is a highly personal and significant step. Whether motivated by a desire to strengthen their connection to Judaism, to be recognized as Jews by the state, or for other personal reasons.

The conversion journey is both rewarding and challenging. In Israel, where religious and civil matters are intertwined, recognition as a Jew affects processes of marriage, citizenship, personal status regulation, inheritance, and even burial. Therefore, legal counsel from an immigration lawyer specializing in conversion can be critical.

In many cases, seeking assistance from an attorney who specializes in immigration and is expert in conversion matters can enable you to make informed decisions at the earliest stage possible.

For example, selecting the appropriate Beit Din (rabbinical court), choosing a preparation course recognized by the authorities, and understanding your unique circumstances. These factors can significantly ease the process moving forward.

It may be, for instance, that there is no need to undergo a full conversion process. In cases where citizens have questionable Jewish status, an abbreviated conversion process might suffice. An attorney who specializes in both immigration and conversion laws can help you make informed decisions that will facilitate the case going forward.

Immigration Lawyers Specializing in Conversion Must Have Both Legal Expertise and Knowledge of Jewish Law

Most immigration lawyers primarily bring civil legal knowledge to their practice. Many are well-versed in immigration law and have extensive experience. However, only a small portion of them possess, alongside their legal education, comprehensive religious and Torah-based knowledge regarding the complex matter of conversion (Giyur).

This fact can become problematic when dealing with rabbinical courts (Batei Din) or religious authorities within the Ministry of Interior on matters related to conversion procedures.

Often, authorities may present challenges to converts who have undergone Reform or Conservative conversion processes, or even strictly Orthodox ones, especially when the conversion is performed through a private organization.

These challenges are frequently based on religious legal arguments that may not always be substantive - arguments that are not binding either on a religious law level or certainly not on a legal level.

An immigration lawyer to Israel with comprehensive knowledge of Jewish law regarding conversion can effectively deal with these arguments and ensure that the conversion process meets both legal and religious requirements while maximizing chances of success.

This is an excellent opportunity to direct you to a comprehensive guide about the conversion process written by Attorney David Amsalem, for the benefit of those seeking to convert.

Immigration Lawyers Specializing in Conversion Must Have Both Legal Expertise and Halachic Knowledge

Most immigration lawyers primarily bring civil legal knowledge to their practice. Many are well-versed in immigration law and have extensive experience. However, only a small portion of them possess, alongside their legal education, deep and comprehensive halachic (Jewish religious law) or Torah-based knowledge regarding the complex matter of conversion (Giyur).

This fact can prove disadvantageous when dealing with rabbinical courts (Batei Din) or religious authorities within the Ministry of Interior on matters related to conversion procedures.

Frequently, authorities may present challenges to converts who have underwent Reform or Conservative conversion processes, or even the most stringent Orthodox conversions, especially when the conversion is performed through a private organization.

These challenges are often based on halachic arguments that may not always be substantive - arguments that are not binding either on a halachic level, and certainly not on a legal level.

An immigration lawyer to Israel with comprehensive knowledge of Jewish law regarding conversion can effectively deal with these arguments and ensure that the conversion process meets both legal and religious requirements while maximizing chances of success.

This is an excellent opportunity to direct you to a comprehensive guide about the conversion process written by Attorney David Amsalem, for the benefit of those seeking to convert.

Foreign Citizens Seeking Recognition as Citizens Under the Law of Return

Many foreign citizens may undergo conversion in Jewish communities abroad, as the option to convert through the rabbinical courts in Israel is principally available only to Israeli citizens or permanent residents.

It's important to note that there exists an "Exceptions Committee" for non-citizens. However, although this committee exists to allow conversion procedures for foreign citizens in special cases, these are extremely rare and exceptional cases. Therefore, in most cases, the choice will be between conversion in a community abroad or conversion through one of the private rabbinical courts in Israel.

On this matter, it's important to clarify that the Supreme Court has ruled unequivocally that Israel's definition as the state of the Jewish people includes all recognized Jewish denominations and communities. Consequently, a person who has undergone conversion in a recognized Jewish community, through its authorized bodies, should be recognized in Israel as Jewish in every respect.

However, in many cases, the Ministry of Interior may initially refuse to recognize these conversions, despite court rulings. The Ministry may make demands that are not always within its authority to make. The way to deal with this will be through legal proceedings. Paradoxically, in quite a few cases, if the convert or their lawyer yields to certain demands of the Ministry of Interior, this may actually significantly reduce their chances of achieving their goal. (Our office has received cases that became seven times more complex precisely because their initial course of action followed the "procedures/criteria or regulations" demanded by the Ministry of Interior).

An immigration lawyer with specific expertise in conversion can plan the correct legal path before starting the conversion process, in order to prepare the legal foundation for status arrangement after receiving the conversion certificate.

The lawyer will accompany the citizenship application process under the Law of Return and ensure that the process proceeds quickly and efficiently.

The lawyer will carefully draft both legal and halachic arguments, and conversion matters often require legal and bureaucratic creativity to effectively challenge the Ministry of Interior's position in court.

What Should We Look for in an Immigration Lawyer for the Conversion Process?

There are several key qualities that should be examined closely.

Interdisciplinary Knowledge

As mentioned, the combination of legal knowledge in immigration law and deep halachic knowledge in conversion complexities can ensure a comprehensive professional response with better chances of success.

Dual Expertise in Conversion and Immigration

It's important to ensure that the lawyer brings experience in complex immigration issues and has in-depth knowledge of the most current rulings and laws in the field of personal status.

Additionally, they should be well-versed in the latest rulings regarding recognition of private conversions and conversions performed in foreign communities. This knowledge can often save precious time and much frustration, as the lawyer will provide appropriate guidance for the specific case from the beginning of the process, especially when we are interested in conducting the conversion process in Israel.

Reasonable Costs

Many wonder about the cost of a reliable immigration lawyer. The cost range varies significantly from firm to firm, as does the payment model. On this matter, it's important to know that although these are complex cases requiring many legal work hours, it's possible to reach convenient payment arrangements with broad installment plans throughout much of the process, which extends over time.

It's important to compare lawyers who bring the most appropriate professional knowledge in order to make an informed decision for the path forward. Ultimately, there are numerous scenarios where an immigration lawyer with experience and specific knowledge in conversion matters can significantly assist your conversion process and ensure that all rights derived from it can be efficiently exercised.

At Frankel Amsalem Law Firm - we offer legal knowledge and experience of nearly two decades. Our professional knowledge encompasses both the halachic aspect of conversion and the civil legal aspect of the conversion world.

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