Lee & Garasia, LLC
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Tel: 732-516-1717
Toll Free: 888-404-5876
Experience, Accessibility, and Excellence
for Over 20 Years
“When it comes to immigration, I go to Paris and Angie–and trust me, I know a lot of lawyers all over the world.”–Renzo Gracie, Brazilian Jiujitsu and MMA Legend 
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“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.”
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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.”
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“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.”
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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.”
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“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.”
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“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!”
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“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.”
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“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 immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia.”
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“Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)”
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NJ Immigration Attorney For Provisional Waiver | How to Apply for the I-601A

The Provisional Waiver is also known as the I-601A Waiver, not to be confused with an I-601 waiver. In actuality, the I-601 is the USCIS immigration form that foreign nationals complete to apply for a waiver, including criminal waivers, fraud waivers, and unlawful presence waivers. What makes the I-601A special is that it enables immigrants who are not otherwise eligible to adjust their status here to receive a provisional or prospective decision on their unlawful presence waiver here in the United States before departing for their consular interviews abroad. In contrast, if an individual who is subject to the unlawful presence bar is not eligible for a provisional waiver, he or she will normally have to process the waiver outside the United States utilizing the traditional I-601 form. The disadvantages of having to apply abroad for a waiver are numerous including most notably, the processing time it takes for USCIS to adjudicate the waiver as well as the impact of an unfavorable result once the individual has already left the US and triggered the bar.

What is the Unlawful Presence Bar?

The unlawful presence bars are loosely or otherwise known as the three and ten year bars that were put into law by the 1996 Illegal Immigration Reform and Responsibility Act (IIRAIRA). Under the law, if an alien has accrued 180 days or more of, but less than 1 year, of “unlawful presence” and then departs the United States, he or she will trigger the three-year bar from re-entry. If the alien accrues one year or more of “unlawful presence” and then departs the US, he or she will trigger the ten-year bar from re-entry.

Eligibility for the Provisional Waiver

In order to be eligible for the I-601A, an applicant must be able to meet all of the below requirements:

  • Be physically present in the US at the time of application and comply with all biometrics appointments
  • Be 17 years or older
  • Be in process of a consular case with the Department of State because you
    • are the principal beneficiary of an approved I-130; an approved I-140; or an approved I-360 who has paid the immigrant visa processing fee;
    • have been selected by the Department of State to participate in the Diversity Lottery Program; or
    • are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS, or the spouse or child of a Diversity Lottery selectee
  • Must show extreme hardship to a US Citizen or Lawful Permanent Resident spouse or parent
  • Be subject only to the three-year bar under INA 212(a)(9)(B)(i)(I) or the ten-year bar under INA 212(a)(9)(B)(i)(II)
  • Meet all the other requirements as detailed in 8 CFR 212.7(e) and Form I-601A and the I-601A instructions

Recent Changes To The Rule Makes Waiver More Available But Also Potentially More Complicated

In August of 2016, the provisional waiver program was expanded to include all eligible immigrant categories, that is, it is no longer limited to family petitions sponsored by Immediate US Citizens. In addition, those with removal orders are no longer automatically precluded from applying for a provisional waiver. However, recent changes have not necessarily made the filing or approval of waivers any easier. If anything, the new changes, including elimination of the “reason to believe” denials, have made I-601A practice even more complex. The new Trump administration and stance on enforcement has also influenced the posture of government attorneys and the process for those stuck in Immigration Court as well as for those who may need to reopen their immigration court cases because they have outstanding removal orders. Considering the stakes, risks and the many things can go wrong during the process, we encourage you to call us to arrange for an appointment. Given the scarcity of new immigration related programs, the I-601A Provisional Waiver may be of tremendous benefit, but it needs to be handled correctly.