Lee & Garasia, LLC
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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." Read More

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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." Read More

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July 2018 Archives

New Policy Also Affects Citizenship Applicants And Can Cause Deportation

Those managing to keep abreast of the many unpredictable changes affecting our immigration system are aware of the new USCIS policy regarding the issuance of Notices to Appear. In short, the new policy essentially instructs immigration officers to initiate removal/deportation proceedings against applicants who, upon denial of an application or benefit request, are unlawfully present. This is in addition to targeting individuals suspected of fraud, misrepresentation, or abuse of public benefits. What is not as well known is the memorandum's impact on naturalization N-400 cases.

Government Pushing To Take Away People's US Citizenship | Denaturalization Campaign

Over the last few weeks, we have witnessed a sustained effort by the government to implement President Trump's agenda on immigration. Besides organizing a relentless push to ferret out and detain illegal immigrants, the enforcement branch of DHS appears to be slowly co-opting the benefits division. This is reflected in the two recent USCIS policy memoranda quietly released in July. In addition to this, the thehill.com reported recently that there is now a concerted effort to organize a task force of attorneys to review the cases of naturalized US Citizens who may have lied on their applications and start denaturalization proceedings against them. It is unclear just how many applications will be reviewed but it is possible that nearly 17 million cases approved from 1990 to 2016 may be reverified.

New Immigration Policy Eliminates RFEs | Expect More Case Denials and Application Rejections

Last Friday, USCIS quietly released another policy memorandum that sharply reverses previous agency guidance on the issuance of Requests for Evidence (RFE). Numbered PM-602-0163, the update is yet another demarche in realizing the Administration's "zero tolerance" on immigration-but this time, on the interior front. Under prior practice, USCIS officers were instructed to issue RFEs in situations where applications were deemed deficient or lacked required evidence. Only where there was "no possibility" of approval were adjudicators authorized to summarily deny the application. The new memorandum rescinds this practice in its entirety. Effective September 11, 2018, officers are now vested with full discretion to deny applications, petitions, and requests received after that date without first issuing a Request for Evidence or Notice of Intent to Deny. (DACA applications, fortunately, are currently exempt from this new policy due to pending litigation.) According to the memo, the change is not "intended to penalize filers for innocent mistakes or misunderstandings of evidentiary requirement." However, given that a sizeable segment of the population attempt to file cases on their own, this is exactly what will happen to those who do not have the benefit of experienced immigration counsel. Not only will defective applications be given short shrift, but costly filing fees may be unrecoverable. This is not even taking into account situations where an adjudicator makes an error and wrongly denies a case. In that event, the applicant's only remedy may be an appeal or motion to reopen/reconsider, a highly technical and expensive process.

New Immigration Policy Poses Deportation Risk For Green Card Applicants

During the July 4th break, U.S. Citizenship and Immigration Services issued a very important policy change that drastically departs from previous agency guidance issued in 2011. Memo 602-0050.1 is titled "Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens" and supersedes previous policy under which people were placed into immigration court by USCIS. Except in very limited circumstances, the revised guidance will now govern when NTAs should be issued, or individuals referred to Immigration and Customs Enforcement (ICE) for further action.

Supreme Court Opens Door for Cancellation of Removal for Thousands of Immigrants

On June 21, 2018, the Supreme Court issued an extremely important decision with potentially large-scale ramifications for thousands of people in removal proceedings. In Pereira v. Sessions, the Court held that the stop-rule governing continuous presence for cancellation of removal cases is not triggered by service of a notice to appear that does not specify the time and place at which removal proceedings are to be held.

PROFESSIONAL RECOGNITION

    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 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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