Lee & Garasia, LLC
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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

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Adjustment of Status Archives

Immigration Filing Fees Going Up

Last week, the government announced a series of proposed fee increases that are staggeringly steep. At the moment, the proposal is undergoing a public comment period, but unless there is some sort of litigation to block the changes, applicants may have to dig deeper to defray these costs when they go into effect later this year/early next year. Here are some of the applications that will be going up:

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.

File Parent Green Card Cases Before October 2019

A recent podcast by our west coast colleague attorney John Khosravi brought up a very insightful point that is worth repeating. As we previously discussed, the new public charge rules go into effect October 15 of this year. The rule is extraordinarily complex and well over several hundred pages. Much of the media attention has focused on the expansion of what types of programs constitute public benefits. There is understandable fear that aspiring immigrants may be deterred from applying for benefits which they desperately need out of fear that their immigration cases will be jeopardized. What has not been emphasized, however, is perhaps even more significant than what additional programs will be considered: namely, the number of factors that an officer may consider when determining whether an individual may be a public charge, and hence, ineligible for permanent residence. These include:

New Public Charge Rule Will Affect Green Card Applicants Who Have Used Government Aid

Last week witnessed the release of the much-dreaded final rule pertaining to the public charge ground of inadmissibility. To say that the new policy is a drastic reworking of the current practice is an understatement. The policy changes not only significantly expand the contours of what is considered a public charge but potentially arm adjudicators with additional tools to deny individuals seeking admission into the US. Since the Department of State has already implemented its own draconian public charge regulations, these new changes primarily affect people who are applying for family-based admission in the US, notably adjustment of status applicants. It also impacts certain non-immigrants requesting a change or extension of stay in the US.

Best Immigration Tips: Do Not Travel While Green Card Case Pending

The best rule of thumb regarding travel during the pendency of your green card case is not to do so. We have seen a number of individuals unknowingly sabotage their adjustment of status applications by traveling outside the US without taking the proper precautions. The concept is this: when an adjustment of status application is filed with USCIS, the individual is applying to convert his/her status to that of a permanent resident inside the United States. With a few limited exceptions, any trip taken outside the US while the adjustment is pending is normally construed as abandonment of the application. Therefore, it is extremely important that if you have an I-485 pending with USCIS, you remain in the US. Any departure may result in not only a denial of the adjustment application but also potentially obstruct readmission. Worse, a departure may trigger an unlawful presence bar (either three or ten years, depending on the length of time an individual has been unlawfully present) and prevent the individual from re-entering.

Court Rules TPS Meets Inspection and Entry for 245 Adjustment of Status

A District Court out of Minnesota recently issued a significant decision regarding the eligibility of those who hold Temporary Protected Status ("TPS") to adjust status in the US notwithstanding a prior lack of entry. This case, Bonilla vs. Johnson, et. al, follows the logic of a similar Circuit case (Flores v. USCIS) that holds that the plain language of 8 USC 1254a(f)(4) clearly allows an individual who is granted TPS to satisfy the inspection and entry requirement for adjustment of status. The section says, in part: "for purposes of adjustment of status under section 1255 of this title and change of status under section 1258 of this title, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant." The government argued, unsuccessfully, that a grant of TPS did not constitute inspection and entry for purposes of adjustment. The Court held otherwise, noting that the statute was clear and unambiguous.

Section 245(i) and Proving Physical Presence

For individuals seeking to pursue permanent residence in the United States, the eligibility requirements of Section 245a of the Immigration and Nationality Act ("INA") must normally be satisfied. While Immediate Relatives of United States Citizens generally enjoy broader protection than most other types of applicants, any irregularity or defect could potentially complicate and possibly disqualify an individual from adjustment of status. Typical problems include but are not limited to:

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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