Lee & Garasia, LLC
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Tel: 732-516-1717
Toll Free: 888-404-5876
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“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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“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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Criminal Charges May Disqualify From Renewing TPS | Temporary Protected Status

| Feb 26, 2018 | Temporary Protected Status

With the recent DHS pronouncements terminating Temporary Protected Status (TPS) for Honduras, Nicaragua, Haiti, and El Sa lvador, it is increasingly critical for those eligible to re-register and extend their status to do so. At the same time, individuals need to review whether they do, in fact, qualify to renew their TPS. Criminal convictions, in particular, may not only endanger the ability to extend one’ status but possibly expose a person to removal proceedings. According to the regulations, conviction of a felony or two or more misdemeanors committed in the United States will disqualify one from TPS.


For purposes of TPS eligibility, a felony is defined as a crime committed in the United States punishable by imprisonment for a term of more than one year, regardless of the term actually served. There is a minor exception for situations where an offense is defined by a State as a “misdemeanor” and the sentence actually imposed is one year or less (regardless of how much the person served): in such a case, the conviction will be considered a misdemeanor.


A misdemeanor is defined as a crime committed in the US that either is:

· Punishable by imprisonment for a term of one year or less, regardless of the term actually served; or

· A crime treated as a misdemeanor under the felony exception referred to above

For purposes of TPS, a crime punishable by imprisonment for a maximum term of five days or less shall not be considered a felony or misdemeanor.

It is important to note that the criminal grounds that apply to TPS are considerably more expansive than the criminal grounds of admissibility found in INA 212(a), which can also disqualify an applicant. In other words, one does not necessarily need to be convicted of a Crime Involving Moral Turpitude (“CIMT”) to be ineligible for TPS. There are, in fact, a multitude of crimes and offenses that do not necessarily meet the legal definition of “moral turpitude” but which do constitute felonies or misdemeanors. As an example, a simple Driving While Intoxicated, without any aggravating factors, is not generally considered a CIMT. However, in most states, it is considered a misdemeanor. Hence, if an individual has two or more DWIs, the TPS application will likely be denied.

Importantly, conviction of a felony or two misdemeanors is only one basis to deny a TPS application. Failure to maintain continuous physical presence or continuous residence as well as failure to meet initial registration requirements can also doom an application. But criminal issues can be especially problematic since they are more likely to be referred to the enforcement branch of immigration and trigger apprehension. Therefore, any individual who have been arrested or charged with an offense that could conceivably be considered criminal or punished by incarceration should carefully review his/his prospects with an attorney prior to filing. For more information on how to apply for or renew TPS, please contact our office. 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. 

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