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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Problems for Citizenship | Citizenship and Naturalization Lawyer in NJ

| Apr 16, 2018 | Citizenship and Naturalization

In an earlier post, we previously discussed some permanent bars to citizenship, the most prominent of which were murder (which should be no surprise) and aggravated felonies, arguably the most virulent type of crime for immigration. But these are not the only kind of issues that can imperil a naturalization application or worse, jeopardize an individual’s status. There are other factors outside of the permanent bars to good moral character that, if present, warrant thorough consultation with an immigration attorney. Three worth mentioning are false claims to US citizenship; unlawful voting; and acquisition of permanent residence through fraud, mistake, or error.

False Claim to US Citizenship and Unlawful Voting

Though technically not deemed a permanent bar to naturalization, unlawful voting or making a false claim to US citizenship can constitute a basis for denial. In fact, unlawful voting and false claims are federal criminal offenses with potential jail sentences. According to the USCIS policy manual, a conviction for a false claim will be considered a Crime Involving Moral Turpitude and hence, in most cases, trigger a denial if committed during the statutory period. Individuals who may have voted illegally or represented themselves to be US citizens need to take this seriously because the ramifications extend beyond criminal liability or a denial of citizenship. These acts are also considered deportable offenses under Immigration and Nationality Act section 237. See INA 237(a)(3)(D) and 237(a)(6)(A). Especially in this climate of ramped-up enforcement, applicants may be unwittingly exposing themselves to potential removable proceedings by pursuing an application for naturalization.

Acquisition of Green Card Through Fraud, Misrepresentation, or Error

It is not uncommon for individuals to have obtained their green cards through fraud, misrepresentation, or sometimes by mistake or government error, i.e., the officer did not apply a section of the law properly or missed some issue. Whether innocent or not, the defect may be so fundamental that the person should not have been granted permanent residence. Although it is normal practice for an officer to review a person’s A file to ensure that the green card was obtained legitimately before recommending approval for citizenship, the government is doing this now at an unprecedented level. As an example, if a person adjusted status under section 245i of the LIFE Act, an officer will now closely examine the file to confirm that the underlying family or employment petition was filed on or before April 30, 2001. After that, an officer may even go so far as to search whether the penalty fee of $1000 and the associated Supplement A of Form I-485 were in fact paid and filed. If there is no proof in the file, the officer may issue a Request for More Evidence to the applicant to furnish documentation. If the applicant is not able to respond with sufficient evidence, the naturalization application may be denied. Furthermore, if it is clear that the individual should not have been granted a green card because the initial eligibility requirements were not satisfied, the file may be referred to the enforcement branch of immigration for further action. In the Third Circuit, individuals in these circumstances may enjoy greater protection against removal or revocation than other jurisdictions, but the law on this is fact and case sensitive. In any case, even if the government cannot pursue removal against the individual, the naturalization application will almost certainly be denied on the premise that the person was never “lawfully admitted” in the first place, and unless and until USCIS changes their policy on this, the individual may never be able to successfully pursue citizenship.

Becoming a naturalized citizen is one, if not the most important, milestone in an immigrant’s journey. However, US citizenship may not be viable for everyone. To make sure that you qualify for naturalization, 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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