Lee & Garasia, LLC
Se Habla Espanol
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 
Read More
“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

Will I Be Arrested By ICE If My DACA Gets Denied? | DACA Renewal Issues

| Sep 18, 2017 | DACA

Under the new government guidelines, USCIS will no longer accept any new initial applications for deferred action under the moribund DACA program. Nevertheless, there is a small window of opportunity for current DACA recipients (whose deferral is due to expire before March 5, 2018) to file for a renewal of their work authorization and protection before October 5, 2017. However, not all individuals should necessarily rush to renew. There are certain categories of people who need to exercise extreme caution, including but not limited to those who have criminal histories as well as those who have prior removal orders. Generally speaking, there is an increased risk now that once a DACA renewal application is denied or expires, people with prior orders and criminal issues will be targeted, notwithstanding the rhetoric that the government is not interested in going after “dreamers.” The fact of the matter is that under President Trump’s executive orders, just who is considered a priority for removal has been considerably expanded to the point where specific classes have been subsumed. On the streets, there is essentially no longer any practical distinction between a dangerous criminal alien and someone who has just overstayed his/her visa.

Officially, USCIS has stated that in general, information furnished in connection with a DACA application will not be shared with Homeland Security’s enforcement arm. However, it also states “We will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of notices to appear. If your case does not involve a criminal offense, fraud, or a threat to national security or public safety, we will not refer your case to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances.” The policy guidance being referred to is a November 7, 2011 Memo numbered 602-0050. An analysis of the factors discussed in the memo is beyond the scope of this article. What is important is that DACA recipients who have been charged with criminal conduct understand how sensitive their cases may be and the prospects of being referred to ICE.

Egregious Public Safety Cases

According to the memo, “criminal aliens are a top immigration enforcement.” As such, USCIS is directed to refer all “egregious public safety cases” to ICE for further action. An egregious public safety case is defined as a case where information indicates the alien is under investigation for, has been arrested for (without disposition), or has been convicted of, any of the following:

· Murder, rape, or sexual abuse of a minor as defined in section 101(a)(43)(A) of the Immigration and Nationality Act

· Illicit trafficking in firearms or destructive devices as defined in section 101(a)(43)(C) of the Immigration and Nationality Act

· Offenses relating to explosive materials or firearms as defined in section 101(a)(43)(E) of the Immigration and Nationality Act

· Crimes of violence for which the term of imprisonment imposed, or where the penalty for a pending case, is at least one year as defined in section 101(a)(43)(F) of the Immigration and Nationality Act

· An offense relating to the demand for, or receipt of, ransom as defined in section 101(a)(43)(H) of the Immigration and Nationality Act

· An offense relating to child pornography as defined in section 101(a)(43)(I) of the Immigration and Nationality Act

· An offense relating to peonage, slavery, involuntary servitude, and trafficking in persons as defined in section 101(a)(43)(K)(iii) of the Immigration and Nationality Act

· An offense relating to alien smuggling as described in section 101(a)(43)(N) of the Immigration and Nationality Act

· Human Rights Violators, known or suspected street gang members, or Interpol hits

· Re-entry after an order of exclusion, deportation or removal subsequent to conviction for a felony where a Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal, has not been approved.

Note that under the guidelines, the individual does not need to be convicted of the charge. (Similarly, under Former DHS Secretary John Kelly’s February Enforcement memo, departmental personnel are directed to prioritize for removal aliens who not only have been convicted of offenses, but also those who have been charged as well as those who have committed acts which constitute chargeable criminal offenses.)

Non-Egregious Public Safety Cases

In addition to Egregious Public Safety Cases, there are also Non-Egregious Public Safety Criminal Cases to be wary of. This category would encompass criminal offenses not on the Egregious Public Safety list that would appear to render the alien inadmissible or deportable. What makes things particularly complicated for DACA recipients is that there are certain offenses that don’t necessarily disqualify an applicant from DACA but would render that person removable in the absence of DACA. Now that DACA is in its death throes, unless a solution can be worked out (which is supposedly in the works with President Trump’s backing), criminal issues need to be carefully explored and assessed before scrambling to renew.

The above is general information only and not to be relied upon as legal advice. It does not create an attorney client relationship nor should it be relied upon as advice in lieu of consultation with an attorney. 

Findlaw Network