Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "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

Green Card After Deportation? | Motion to Reopen

Here's the transcript to our latest video on Youtube.  Many people are under the misimpression that despite a removal or deportation order, it is quite easy to fix one's status if married to a US Citizen.  The reality, of course, is that these types of matters are much more complicated.  Like everything in the law, everything is case and circumstance specific.  Is the person still here in the US? Has the person already left the US?  In the latter, a departure under an order will usually execute a ten year bar: in order for the individual to return to the US, even with an approved petition, he or she must usually request special permission on Form I-212 to return to the US before the expiration of the ten years.   If the person has stayed in the US in violation of the order, things can get dicey:  if ICE were to apprehend the person--who is, in essence, a fugitive--the government would normally just take steps to execute the order.  On the other hand, depending on the circumstances, ie., an approved I-130 filed by an Immediate Relative, there may be an opportunity to reopen the court case, rescind the order, and possibly apply for relief.   

If you have already been ordered removed or deported from the United States but have never left, then you will face a substantial problem in applying for your green card. In most cases, the practical effect of a deportation or removal order is to bar a person from the United States for a certain period of time, in most cases 10 years. Staying in the United States with a deportation or removal order for 10 years and then applying for a green card does not necessarily solve the problem because the 10 years starts counting after the individual has left the United States. To put it simply, a person does not legally benefit from being an immigration fugitive who has never left. Unless and until a removal or deportation order is vacated, an individual will, under most circumstances, be unable to adjust his or her status in the United States.

In some cases, however, depending on the circumstances, an individual with an outstanding removal or deportation order who is still in the United States may petition the Immigration Court to reopen his/her court matter. If the Court reopens a person's court case, the order is vacated and the person is back at square one, facing the original charges-this time, hopefully, with some sort of relief that he or she qualifies for.

There are many rules regarding the time within which and number of applications that one can file to reopen one's case. If you have an outstanding order of removal or deportation but think you qualify for a green card now, consult with an experienced immigration attorney to discuss your matter. If your court case originated out of New Jersey, the Law Office of Lee and Garasia, LLC, can help. For a confidential consultation, contact the office now.

This is not legal advice nor intended to create an attorney-client relationship.  For specific legal advice, please consult with an attorney. 

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • 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
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876