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

June 2016 Visa Bulletin Pushes Back F4 for India | CSPA Effect?

The Department of State recently released its June Visa Bulletin, and to the shock of many people, especially those who have filed family based applications, there is major retrogression in some categories. "Retrogression," to put things loosely, simply means that a priority date has gone back, instead of progressing further. Consequently, consular interviews and visa applications will not be scheduled or adjudicated until the visa date becomes current again. Retrogression in some employment categories has generated much attention, but the significant backward movement for family preference category F4 for siblings of nationals of India seems to have escaped notice. According to the May Visa Bulletin, the Department of State was working on cases with a priority date of July 22, 2003. However, the June Visa Bulletin indicates that the date has gone back to January 1, 2001! This essentially means that cases that would have been scheduled or heard within the next couple of months have now been pushed back more than two years.

The ramifications extend far beyond a case being delayed by another two years. For one thing, there is no way reliable way to predict the visa bulletin. The July and subsequent bulletins may show no movement at all, or worse, go back even further. More importantly, many people who would have been eligible to immigrate may potentially age out if the numbers don't catch up soon. Derivative beneficiaries, in particular, are threatened by this development. For example, there may be children approaching their 21st birthdays. Now that the visa dates are not current, those children will continue aging (in the legal sense) and may reach 21 by the time the category opens up again. Their only hope may be in the Child Status Protection Act ("CSPA") which, in some cases, may preserve eligibility to immigrate notwithstanding that an individual may be biologically 21 years of age or older. However, there are already children who anticipate having to use the CSPA to qualify for their visas. Contrary to popular belief, the CSPA is actually quite complicated and extends far beyond plugging in some numbers into an online calculator. Moreover, one's adjusted age can only be estimated, but not calculated with any degree of certainty unless and until the visa date becomes current. Now that the visa date has been pushed back, this will obviously affect and change the calculations. In some cases, the numbers may project that a child may no longer qualify if things continue the way they do, while in others, the child may still have some leeway. Given how complicated these cases can be, petitioners and beneficiaries would do well to consult with experienced immigration counsel. Especially in India, the last thing one would want to do is to trust the future of their family to immigration agents, who are not licensed to practice US immigration law and who perpetuate false myths, such as a "new rule" that kids 26 and younger can still immigrate, or that consular officers will still give visas to derivative 4th preference family members 21 and older, even if they don't qualify under the CSPA, if they write a letter for them requesting family unity.

The foregoing is not legal advice nor intended to create an attorney-client relationship. For advice and guidance regarding your specific case or situation, 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