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

September 2016 Archives

Can My Visa Be Canceled For DWI?

It has become an increasingly alarming practice, now more than ever, for the Department of State to cancel or revoke a foreign national's visa while they are currently in the US. This is becoming a common policy, for example, if the Department of State receives information that an individual who has been granted a non-immigrant visa has been arrested or convicted of a DWI or DWI related offense. The person may, depending on the circumstances, receive an unexpected phone call or email from the consulate advising that his/her non-immigrant visa has been cancelled. The individual, of course, should confirm that the communication is valid. However, assuming that it is, the next troubling question is whether the person is here illegally.
Technically, after the person has been admitted to the US, he is authorized to stay in the US for the duration of the time granted by Customs and Border Protection, which is a different agency than the Department of State. Unless and until Immigration and Customs Enforcement (ICE) or the Immigration Court gets involved and determines differently, the person has already been determined to be admissible to the US, notwithstanding the consulate's opinion. Having valid status in the US is different and to be distinguished from having a visa to come to the US. They are not necessarily the same thing. A person can be legally in the US even though the visa may no longer be valid. The problem, however, is that should the visa be cancelled, the individual will no longer have a valid means to return to the US. Once the person leaves, the person must go back to the US consulate in his/her native country to reapply for a visa. Depending on the reason why the visa was revoked in the first place, he or she may or may not qualify for a new visa. For instance, people who have been arrested for a DWI have been notified that their visas are cancelled. This does not necessarily mean that the person is inadmissible to the US, or that the person may never receive a visa. It does mean, however, that he or she will likely have to appear for medical examination before a panel physician as part of the visa application process. As part of the examination, the panel physician will need to determine whether the applicant has an alcohol dependency condition/disorder that may pose a danger to him/herself or others. (This is assuming, of course, that any convictions have not triggered criminal grounds of inadmissibility.). It is also worth mentioning that an individual must always be mindful of "unlawful presence" which is a different but important concept (beyond the scope of this discussion) in evaluating what the prospects of return are.
As hopefully illustrated, immigration law is incredibly technical and complicated. With so many different agencies having a say over a foreign national's ability to come and stay here, Non-US citizens who have issues should seriously consider discussing them with a professional who can properly evaluate the optics and seriousness of the situation.

Can Previous Applications With False Information Affect My Case?

One area that people often overlook in assessing the viability of their immigration cases is the impact of any previous applications. Just because their present situation may make them eligible for adjustment of status or consular processing does not necessarily mean their past immigration history is not relevant. This is obviously true when speaking of immigration court or encounters at the border, but equally true when considering any past applications or petitions filed with the government, either here domestically or abroad. Even something as simple as a tourist visa application could have a significant impact on a green card or immigrant visa application. If when applying for the tourist visa, the applicant makes any misrepresentations, those false statements could later resurface to potentially jeopardize a future permanent residence application. This occurs frequently, for example, when an applicant misrepresents his/her marital status on a tourist visa. It is common for single people to think that if they indicate they are "married," they might have a better chance of securing a visa to the United States because an officer is more likely to believe that he/she will return. The problem is that by putting forth this representation, immigration may deem such conduct fraudulent. If the inaccuracy is discovered at the consulate, the person will in all likelihood be denied the visa. Even if not, and the person receives the visa, the problem does not necessarily go away. Any subsequent application that the person makes may potentially cause the government to look into that previous application. If the misrepresentation is later discovered, it can be used as a basis to block an otherwise legitimate application, such as a marriage based adjustment. Although the law does provide for waivers of fraud or misrepresentation, approval is discretionary, and granted only upon a showing of extreme hardship to a qualifying relative. The point is that the impact of previous applications with the Department of State or USCIS should not underestimated. Any inaccuracies, wrong information, or the omission of important facts/data need to be evaluated when considering the complexity of a case.

What Do Tattoos Have To Do With Getting a Green Card or Visa? More Than You Think

Although it has always been a potential issue, the presence of tattoos and their impact on visas has become more prevalent these days. The problem frequently occurs during the consular processing process where an applicant is applying for an immigrant visa abroad to come to the US. However, it is certainly not limited to US posts in foreign countries. The issue also arises in the context of Deferred Action for Childhood Arrivals or "DACA" applications. Although tattoos are culturally acceptable in this day and age, the fact is that the very presence of one on a visa applicant can potentially impact or possibly derail his his/her visa application.

Qualifying Under the New I-601A Rules | New Provisional Waiver Tips

On August 29, 2016, the new rule went into effect regarding the I601A Provisional Waiver process. We discussed the important changes here briefly a while back. Even lawyers are taking their time getting a grasp on the new changes, so for the layman, the new regulations can understandably still cause a lot of confusion out there.

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

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