COVID-19 UPDATE: During this national crisis, we remain available to serve the needs of both new and current clients. Phone and Video chat consultations are now available.
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

Green Cards Archives

Questions and Answers for Provisional Stateside Waivers

There is an excellent Questions and Answers available on the USCIS website regarding the Provisional Unlawful Presence Waivers, which to date, is still not yet in effect. At this stage, USCIS is encouraging the public to submit comments. The comment period runs from April 2, 2012 to June 1, 2012.

Under new decision, New Jersey children of K-1 fiance's (K-2 visa holders) may be able to file for green card even after turning 21!


A recent Board of Immigration Appeals (BIA) decision from June may help many people whose adjustment of status applications were wrongly denied on the basis that they had "aged out." The decision is Matter of Le, 25 I & N Dec. 541 (BIA 2011), and it specifically pertains to the eligibility of someone who enters on a K-2 to adjust status here in the US even after turning 21. Those who are potentially affected should definitely take a look at the case. The Board ruled that Mr. Le, who entered the US on a K-2 visa as a derivative of his mom's K-1 visa at the age of 19, did not "age out" as a "child" for purposes of adjustment even though he was over the age of 21. In fact, visa eligibility and availability for a K-2 to adjust are determined by looking at the age of the individual at the time of admission. The Board essentially clarified that if K-2 visa holder enters the United States before the age of 21, and other conditions are established (ie., his/her parent marries the petitioner within 90 days, and he/she is otherwise eligible), that individual is not disqualified from filing an adjustment of status as a derivative even if he/she may be over 21 at the time of the adjustment of status application.

What Constitutes Abandonment of Lawful Permanent Residence?

A very interesting decision came down recently regarding lawful permanent residence and what constitutes abandonment. The case is Khoshfahm v. Holder. Although this is a 9th Circuit Case, it is nevertheless illuminating, and provides a good discussion of what the government must prove to establish than an individual has abandoned his or her lawful permanent residence. In this particular case, the Petitioner Mr. Khoshfahm was a permanent resident who left the US as a minor with his parents in 2001 to travel to Iran. Unfortunately, due to 9/11 and some personal health issues regarding his father, Mr. Khoshfahm was not able to return to the US on his own as an adult until 2007, at which point he was placed into proceedings. The 9th Circuit disagreed with the Immigration Judge and BIA who held that the Petitioner's parents' action constituted abandonment and could be lawfully imputed to Mr. Khoshfahm. The Court went on to hold that Mr. Khoshfahm's actions as an adult in fact demonstrate that he did not intend to lose his permanent residence and accordingly reversed the BIA.

A Work Permit is no guarantee of success

Every so often, while trying to ascertain what immigration applications a client may have filed in the past, I hear, "immigration approved that case because they gave me a work permit." Unfortunately, things are never that simple. An employment authorization document, otherwise known as a "work permit" or "EAD", is only that: a card which indicates that an individual is authorized to work. It does not necessarily guarantee or confirm that an individual has been approved for permanent residence. The two are entirely different things. Generally speaking, a person will apply for employment authorization on I-765 along with or in association with another application, such as one for permanent residence, asylum, temporary protected status, etc. In the case of an I-765 which is normally filed concurrently with an I-485, Application to Adjust Status, the intent is usually to secure permission to work while the I-485 is pending review. These days, USCIS has been surprisingly expedient in scheduling and adjudicating I-485s. Many marriage based adjustments that our law office has filed have been scheduled within three months, at least in New Jersey. However, not too long ago, cases took much longer to be scheduled. In the interim, applicants would receive their work permits, which they could use to legally work while awaiting disposition of their cases. However, the point is that the grant of work authorization, especially in these types of situations where permanent residence is also being filed for, does not always mean that USCIS has approved a person's case. The merits of an individual's permanent residence case will be decided at a later time, and in fact, if the case is denied, any work authorization previously granted is revoked.

Measures to Prevent Lost Green Cards

On May 2, 2011, USCIS announced that it will be implementing a new procedure called the Secure Mail Initiative (SMI). Made possible with a partnership with the US Post Office, the SMI will supposedly allow USCIS to confirm delivery of important documents such as green cards through use of Priority Mail with Delivery Confirmation and other tracking protocols.

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
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876