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Lee & Garasia, LLC
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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." 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 Divorce Cause My Case To Be Cancelled? | Effect of Divorce on Immigration Marriage Case

In a family-based context, the I-130 is the foundation of any permanent residence case. Whether a person is applying for adjustment of status domestically or an immigrant visa abroad, there must be an underlying approved petition for family member to support the file. Conversely, if an I-130 is denied, any application that is predicated upon its approval will be denied. So, for example, if USCIS denies an I-130 filed by a US Citizen for a foreign national spouse, the I-485 application will also be denied. What is less known is that an approved I-130 does not always stay approved. In other words, there are circumstances and situations under which a relative petition may be automatically revoked.

One of the most common ways that people run into this situation occurs when the petitioning relative dies. Many people who have waited years for their dates to become "current" discover this the hard way after their petitioning relative passes away before their cases are ripe. If the government is timely informed of the death, the family will receive an ominous notification that pursuant to the federal regulations, the petition has been revoked. Otherwise, the beneficiary will inevitably find out at a later date, normally when the I-864 Affidavit of Support has to be executed by the petitioner. But that is not the only way in which an I-130 may be terminated. Under 8 CFR 205.1, an I-130 relative petition may be automatically revoked

· if the petitioner withdraws the petition,

· if the petitioner or beneficiary dies,

· upon legal termination of the marriage upon which the petition was based,

· upon the marriage of a second preference unmarried son or daughter,

· or upon the termination of status of a lawful permanent resident petitioner (unless he or she becomes a U.S. Citizen

As noted, legal termination of a marriage-in other words, divorce-can form the basis of revocation. This is particularly important for marriage-based cases because not all married couples file for an immigrant's status right away and not all marriages survive through adjudication of an I-485 or immigrant visa application. To illustrate, a lawful permanent resident may file for his spouse under preference category F2A. However, because the petitioner is not a US Citizen, the visa is not immediately available and subject to quotas. Currently, F2A is close to two years behind. Even if the I-130 is approved, the couple must generally remain married in order for the foreign national to make an immigrant visa application or apply for adjustment of status. (There are limited exceptions, such as filing an I360 Battered Spouse Petition.) If a divorce ensues in the interim, the I-130 may become invalid, thereby undercutting any green card application riding on it. As another example, an immigrant may have an approved I-130 filed by his US Citizen spouse. However, due to marital difficulties, the immigrant postpones filing for adjustment of status and the couple test out living separately. The foreign national thereafter files for adjustment of status but before the adjustment interview is scheduled, the US Citizen has filed for and obtained a final judgement of divorce. Under these circumstances, USCIS will likely not approve the adjustment application since the I-130 is no longer sustainable. Once and if the I-485 is denied, the individual may possibly be referred to removal proceedings depending on his circumstances.

Now more than ever, the stakes are critically high for those filing for immigration status, especially for those with problematic circumstances, such as an impending divorce or life-threatening illness. For more information on how to successfully navigate the complexities of immigration law, give our office a call. 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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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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