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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Don’t Forget to Renew Your Work Permit | Expiring EAD

| Jan 13, 2021 | Work Permits

Due to Covid, applicants for adjustment of status should expect cases to take considerably longer than originally anticipated.  Cases that would ordinarily take one year to process might experience additional delays of six months of more, given that USCIS was practically closed for nearly five months and adjudications slowed down to a crawl.  Some of our green card clients are only beginning to get called in for rescheduled interviews that were cancelled earlier last year.

Because cases are taking longer, it is likely that any work permits issued in conjunction with the case may expire while the case is still pending.  It is important to understand that employment authorization does not automatically renew.  In order to continue working without experiencing any gaps, the employment authorization document must be timely renewed by filing another I-765 application no more than 180 days before the prior EAD expires.  Otherwise, the applicant will not be able to work legally unless and until work authorization is renewed.

Just as working without permission prior to the application is potentially problematic, so is working illegally after a work permit expires but while the application is still pending.  Especially if the family-based application is not filed by an immediate relative, status violations—such as working without authorization—can have serious legal ramifications, potentially leading to disqualification for and denial of the adjustment of status.  Chapter 4 of the USCIS Policy Manual is very clear that “Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, he or she has ever: failed to continuously maintain a lawful status since entry into the United States; or violated the terms of his or her nonimmigrant status.”  Even in the context of immediate relative applications, this type of violation can still constitute a problem.  While working without a work permit is not a per se, or automatic, bar to adjustment of status for immediate relatives, this does not necessarily translate into some sort of immunity.  In fact, USCIS recently revised its written policy manual to reflect a marked expansion of officers’ authority to deny cases as a matter of discretion.  Certainly, knowingly working without permission after one’s authorization has expired can conceivably constitute a flouting of the law and arguably appear worse than working illegally without ever receiving a work permit.  In other words, continuing to work without permission after permission was formerly granted can look worse than working without never having received permission at all.

In short, applicants should not be working without official work authorization.  If your EAD is due to expire and your case is still pending, it would be prudent to file a renewal as soon as practicable.

The above is general information only.  It is not specific legal advice nor intended to create an attorney client relationship.  If you need advice, please consult with an attorney.

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