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

Visa Waiver Issues Archives

2016 Changes to Visa Waiver ESTA Program

It may have escaped public notice, but the Department of Homeland Security and the Department of State have begun implementing significant changes to the Visa Waiver Program ("VWP"). Pursuant to the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers who fall under the following criteria will no longer be eligible to travel or be admitted to the US under the Visa Waiver Program:

ESTA Application Rejections | Visa Waiver Entry Refusals

Thumbnail image for bigstock-Immigration-Stamp-38462311.jpgThe main benefit of entering the United States under the Visa Waiver Program is that citizens of Visa Waiver Countries do not need to apply for a visa from a US consulate to enter the United States. Instead, visitors are permitted to enter the country for a period not to exceed ninety days. In order to qualify, applicants must first apply for preauthorization from Customs and Border Protection ("CBP") under the ESTA program, or Electronic System for Travel Authorization, which is a web based system designed to capture information and determine whether an applicant is eligible. An ESTA application can be rejected at either during the internet application process or even at the port of entry.

Can I Apply For A Green Card Through Adjustment If I Entered Through The Visa Waiver Program (VWP)?

Determining the viability of an adjustment of status application--"Should I file?"-can, at times, be very challenging. There are many factual and legal issues to consider, including but not limited to the immigration status of the petitioner (lawful permanent resident or United States Citizen?), priority dates, pre-conceived intent, overstay issues, eligibility under 245i, misrepresentation, and potential criminal bars. In addition to these considerations, there are special restrictions regarding aliens who enter the US under the Visa Waiver Program.

Visa Waiver Immigration Restrictions for Aliens Entering NJ

Our office has had many consultations from visitors from Visa Waiver Countries interested in extending their stay or changing their "visas." Many are surprised to learn that if they did enter the US from a visa waiver country, they are not permitted to extend their stay or change their status, for that matter, with a few exceptions. Under Section 217 of the Immigration and Nationality Act (8 USC 1187), visa waiver entrants are admitted for a period of 90 days without having to apply for a visa. On the other hand, entrants taking advantage of this program waive the right to 1)to review or appeal under this Act...an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or 2) to contest, other than on the basis of an application for asylum, any action for removal of the alien. INA ยง217(b). If an individual from a visa waiver country has therefore overstayed past his/her 90 days, he or she may be removed without the right to a hearing before an immigration judge. Cases like this get very complicated because sometimes individuals from visa waiver countries enter the United States with every intention of leaving before the ninety days, but sometimes due to other circumstances, end up staying past their allotted time. There are also thorny legal situations in which visa waiver entrants wind up getting married to US citizens and wish to adjust their status. Anybody who finds themselves in this type of situation should certainly seek legal advice given the draconian consequences of being deemed a visa waiver violator.

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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