Lee & Garasia, LLC
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  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

Is There an Immigrant Visa or Green Card for Disabled People?

bigstock-Paralyzed-man-using-his-wheelc-64910623.jpgOne of the most common questions that people have is whether immigration provides special immigrant visas for people are physically or mentally disabled or handicapped. Many immigrants often find themselves in a predicament where they are finally eligible to immigrate to the United States but without their disabled child, who would be left alone. For example, if a United States Citizen files for his or her mother, that I-130 petition only pertains to the mother. It does not, contrary to popular belief, include the other parent or siblings. In order for a US Citizen to bring his/her brother or sister over, he or she must file separately for that sibling, which can take 10 or more years. The parent, as well as the US Citizen, are often shocked to learn that the sibling is not automatically included. It becomes even more heartbreaking when the "left behind" individual is disabled, and there is no one staying back to care for him or her.

Unfortunately, there is no designated visa category for disabled or handicapped people. There is also no special rule that mandates that an immigrant petition for such person be expedited or accelerated on the basis of the disability. In order for a person to receive a green card, he or she must usually pursue either the family or employment route, both of which may be subject to quotas. This also applies if the individual already happens to be here, perhaps in illegal status. As harsh as it may sound, that person is not entitled to apply for permanent residence status on account of his/her disability. There is certainly a humanitarian issue here, but there is no special provision that grants a green card to people who suffer from disabilities because of those disabilities. Severely handicapped people who are under imminent threat of removal may possibly qualify for prosecutorial discretion or deferred action, but deferred action should not be confused or misunderstood as conferring legal status.

If anything, a person's mental or physical handicap may arguably prove to make immigration more challenging. In determining whether to grant an individual permanent residence status, the Department of State or USCIS must determine that the applicant is not inadmissible. A mental condition that could possibly be interpreted as a mental disorder could potentially trigger a finding of inadmissibility under INA section 212(a)(2)(A)(iii). Moreover, if an individual does have a condition that will require continued treatment, there may be questions as to whether person is likely to become a public charge, that is, someone who is not able to provide for him or herself and likely to "become primarily dependent on the government for subsistence."

As can be seen, physical or mental disabilities have the potential to raise more issues with immigration than solve them. Besides determining which preference category is the most appropriate for a disabled person, issues of admissibility also need to be thoroughly discussed and addressed.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the left. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys. 

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PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
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    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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