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 immigration 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

Can My Spouse Apply for a Visitor's Visa?

There is much excitement over Category F2A (the preference category for spouses and children under 21 of lawful permanent residents) becoming current next month-and understandably so. For quite some time now, this preference category has been approximately two years behind. However, it is important to recognize that current does not mean immediate, especially in the consular filing context, which on average can take up to one year. A concomitant question that naturally arises is whether the spouse of a pending I-130 petition for alien relative can apply for a visitor's visa. The simple answer is yes. An individual is not necessarily precluded from applying for a non-immigrant visa just because a petition for alien relative petition is pending. Not surprisingly, though, the answer is much more complicated than that. Perhaps the better question is, "Will my spouse get the visitor's visa to come see me while the case is pending?" And, unfortunately, there is no simple answer to that, although in the vast majority of cases, the answer is probably not. The reason why is that consular officials are likely to question whether your spouse truly has non-immigrant intent to come visit you, given that you have already filed a petition for his/her immigrant visa. The consular officer may think that your spouse is trying to circumvent the long processing times associated with the process and perhaps is planning on filing for adjustment of status once he/she manages to get into the US via the visitor's visa. On the other hand, this is not to say that it is impossible for your spouse to come visit you. If your spouse exhibits strong evidence that he/she will return, along with substantial ties to his/her native country, a visitor's visa may still be granted. Generally speaking, though, even applying for a visa under these circumstances is a risky proposition. Not only may the application be denied, but worse, if there is some sort of misunderstanding, there is always the specter of an allegation of fraud or misrepresentation, which may destroy a case permanently. The best thing to do before your spouse goes ahead and applies for that visa is to consult with counsel to evaluate the evidence that will be provided to demonstrate non-immigrant intent and assess the feasibility of whether to apply or not.

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    • Avvo Rating 10.0 | Superb
    • Client Distinction Award | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally 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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