Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "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

October 2019 Archives

Even More New Questions for Visa Applicants

Immigrant visa applicants should be aware that that the DS-260 was quietly revised to incorporate some new questions in addition to the social media question which we previously discussed in July of this year. The DS-260 is the electronic application that all individuals applying for immigrant visas must fill out. In addition to going over basic biographic information as well as a battery of security questions, the form now inquires into the following:

New Financial Rules For Visa Applicants Coming

Last week, USCIS's plan to implement its new public charge rule and forms, including the dreaded I-944 Declaration of Self Sufficiency, was stymied by a temporary injunction blocking the revised guidelines. However, the nationwide ban only applied to adjustment of status cases inside the US. It technically did not prevent the Department of State from going forward with its own set of public charge rules published in an interim final rule that closely tracked the changes made by the Department of Homeland Security, scheduled to take effect October 15, 2019. (The Department of State regulates and oversees consular cases, that is, those cases which are scheduled abroad at US embassies around the world.) Fortunately, the Department of State recently announced that procedures would remain as is, for the time being, until approval of a new form which it will be requiring, has been secured. However, lest there be too much excitement, the new form, which will apply to consular cases, will likely be very similar and just as onerous as the I-944, which promises to be a nightmare for intending immigrants here in the US. We will obviously explore the I-944 in a future article, but applicants should be aware that a credit report will be required as well as inordinate documentation relating to the applicant's financial status.

Consulate Will Deny Visas to Immigrants Without Health Insurance Plan

On October 4, 2019, President Trump issued an immigration related proclamation that will affect nearly all family-based cases being processed abroad once it goes into effect. Titled "Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System," the order directs immigrant visas to be denied to individuals who cannot demonstrate that they will be covered by approved health insurance within 30 days of the alien's entry into the United States or unless the individual possesses the financial resources to pay for reasonably foreseeable medical costs. What this essentially means, in layman's terms, is that immigrants who cannot prove that they are covered by health insurance or have financial means to pay for their medical costs will be barred from entering the US.

TPS Holders with Deportation Orders Applying for Green Card After Advance Parole

TPS applicants who are applying for adjustment of status with outstanding removal orders should be aware that the New Jersey District Office has reversed its policy with respect to these cases. Of course, every case is fact and circumstance specific, but in general, it now appears that individuals who initially entered without inspection, have been ordered removed, subsequently left and re-entered the US with advance parole are being deemed ineligible to adjust status before USCIS. The issue hinges on whether USCIS or the Immigration Court has jurisdiction to adjudicate an adjustment of status application filed by someone who has already been ordered removed. In most cases, the removal order is considered executed once a person under that order leaves the United States. Once an individual has a removal order, he/she is generally barred from the US for ten years unless an I-212 is filed and approved. In some cases, individuals who have returned with advance parole have filed I-212s in conjunction with their adjustment of status applications before USCIS. Now, the government's posture is that USCIS does not have jurisdiction over such cases because the individual has not actually departed (in a legal sense) to trigger execution of the removal order. Moreover, if a person with TPS has left the US with advance parole, he/she technically returns to the US in the same immigration status he/she had prior to the departure. So, in other words, if an applicant had initially entered without inspection and left with advance parole, he/she shall be inspected and admitted "in the same immigration status the alien had at the time of departure"-namely, as an individual who has entered without inspection. And unfortunately, in general, unless the individual is eligible under section 245i, applicants who enter without inspection do not qualify to adjust status here in the US.

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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