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

Immigration Consequences of Crimes Archives

The Two Faces of Conditional Discharge: NY vs. NJ

bigstock-Surreal-Portrait-55677365.jpgThe term "conditional discharge" is becoming an increasingly confusing term because conditional discharges exists in different states but they don't have the same meaning. A prime example is the difference between New Jersey and New York's versions. In New Jersey, a conditional discharge is an alternative disposition afforded to defendants charged with certain drug offenses. The statute is NJSA 2C:36A-1. It is available only in the municipal courts and generally refers to a suspension in the proceedings whereby the case is taken off the prosecution track. Instead, the defendant undergoes a period of probation that, if successfully completed, will result in the charges being dismissed. Conditional discharges are only available in cases charging a disorderly persons or petty disorderly persons violation of chapter 35 or 36, which relate to drug offenses in New Jersey. We talked about the potential benefits of a conditional discharge in NJ in a previous post.

Are There Immigration Consequences to New Jersey 2C:33-2.1 Wandering for Drugs?

Foreign nationals charged with drug-related crimes in New Jersey need to be aware that there may be consequences that extend far beyond the criminal penalties associated with the offense. In the immigration context, a conviction for a crime that involves controlled dangerous substances can not only potentially thwart an application for permanent residence but also result in an individual's removal from the United States.

Are There Deportation Consequences to 2C:33-2 New Jersey Disorderly Conduct?

Considered something of a "catch-all" because it covers such a broad range of unlawful conduct, Disorderly Conduct is one of the most frequently charged criminal offenses in New Jersey. It is usually lodged as an original offense or in many cases, offered as a downgrade or amendment to a more serious criminal offense. N.J.S.A. 2C:33-2 defines the crime as follows (as of 2014):

What is the Effect of a New Jersey Expungement on Immigration Status?

The short answer, at the risk of being overly simplistic, is that there is no effect. Expungements, in general, are often very useful to individuals who have pled or been found guilty of criminal offenses; however, it does not vitiate the effect of such a conviction on an individual's immigration status. In other words, even though an expungement might serve to remove any record of a person's arrest/conviction in New Jersey, it does not "erase it" for purposes of immigration, whether that means in the context of deportability, inadmissibility, prosecutorial discretion motions, eligibility for relief in immigration court, or applying for naturalization. The conviction still exists in the immigration arena, even though it practically disappears from most other contexts of an individual's life.

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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