Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
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  • "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

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  • "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 an I-94 Necessary to File for My Green Card? | Entry and Inspection

Until recently, most visitors to the United States used to be provided with an I-94 Arrival-Departure Record upon admission. The I-94 is a white card that is usually affixed to the passport and bears an entry date, class of admission, and date of stay expiration. In the last few years, the Department of Homeland Security has begun digitizing entry records. As a result, visitors are no longer furnished these little white cards, except under limited circumstances. Instead, Customs and Border Protection has automated the process so that most entries by land and sea are electronically recorded. Visitors will still get their passports stamped, but will no longer receive the white cards.

What role does the I-94 play in an Adjustment of Status Case?

When applicants file for permanent residence in the US, they are electing to process their application through a process of called adjustment of status (vs. consular processing, where they will apply for their immigrant visas abroad). In order to file the green card case domestically, there are a number of eligibility requirements. One of the most important pertains to lawful entry. Section 245 of the Immigration and nationality Act (INA) says, in part, "the status of an alien who was inspected and admitted or paroled into the United States..."

Traditionally, the I-94 has always been strong evidence of one's inspection and admission into the US. Generally speaking, presentation of one's visa, entry stamp in one's passport, and the I-94 will normally satisfy this eligibility prong.

What if I lost my I-94?

As mentioned previously, visitors are no longer furnished with a physical I-94. However, individuals may print out a copy of their electronic I-94 record of admission by visiting the Customs and Border Protection website at www.cbp.gov/I94. Most entries after April 30, 2013 will usually be recorded and maintained online at the cbp database.

For those who were previously issued a paper I-94 by CBP or USCIS but who may have lost or misplaced it, a duplicate may be obtained. A replacement may be obtained by filing Form I-102 with USCIS. The filing fee is currently $330 but is scheduled to rise to $445. The new fee becomes effective on December 23, 2016.

Legal Issues

The absence of an I-94 or proof of inspection is certainly problematic, but an I-94, in and of itself, does not necessarily ensure that an adjustment of status case will be successful. It is merely one requirement, among many, that will be examined during the adjudication process. There are a number of other issues that stull need to be addressed, such as manner and purpose of entry; present immigration status (ie., lawful or expired); as well as applicable immigrant category (ie., is this person an Immediate Relative or does he/she fall within a preference category?). Do not assume that merely having an I-94 means one can apply for adjustment of status without any issues; on the other hand, the lack of an I-94 does not necessarily mean that one will not qualify either. For more information on the adjustment of status process and requirements, please contact our office. Remember that the above is general information or opinion only. It is not intended to serve or substitute as legal advice or create an attorney-client relationship.

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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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