Immigrant in U.S Fights To Become A Lawyer


Sergio Garcia, like many others in the U.S arrived here with his family illegally. When he arrived in the U.S  he worked in the field picking almonds with his father. He aspired to be much more and couldn’t see himself picking almonds for the rest of his life, he knew he was able to accomplish much, much more.

While working on the fields with his father and also at a grocery store he attended school to become a paralegal. He then went on to passing the California Bar on the first try.

20 years later he is still illegal in the U.S. He will ask the Supreme Court to License him on Wednesday. He has full support of the State Bar and of an Attorney in California. However, the U.S department of justice is trying to block his request.

The department of Justice argues that by giving Garcia a license to practice they are violating a federal law. This law bars people in the U.S illegally from receiving government benefits.

Sergio Garcia is now 36 years of age and this makes him too old to qualify for the Obama Program, this is exactly the type of situation that they had in mind when they created this program.

Should the Government Grant Him His License to Practice Law?

Even if Garcia is granted his license, he will still face many obstacles ;

  1. He will have to work for himself because no agency will hire him if he is not able to work in the U.S.
  2. He may be disqualified from representing certain clients due to his citizenship status.

Garcia first came to the U.S. with his family from Mexico when he was a year and a half. He then returned to Mexico with his mother when he was 9  and returned eight years later and applied for citizenship in 1994, sponsored by his father who is now an American citizen.

His application has not yet been approved and he’s looking at another 5 years’ worth of processing times.

Garcia says that he’s not afraid of being deported because of all the attention his case has gotten. He has also notified U.S immigration officials of his prolonged stay in the U.S.

He is ultimately worried about not being able to practice law in California, but has faith. He works when he can and when the opportunities arise. He’s also working as a motivational speaker. He will have his chance to present his case to the Supreme Court  this week.

Contacting Niren & Associates for Your Immigration Matters

If  you or anyone you know is experiencing a problem with U.S or Canadian Immigration please do not hesitate to contact us fill out our online assessment and you are off to getting the help you need, we are definitely able to assist no matter what the problem  or task! Here at Niren and Associates we are experienced with all types of immigration issues. 1-866-929-0991

Please note that this blog  post was in reference to an article that was posted in the Huffington Post.


About Fadi Minawi

Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more

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