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

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Criminal Law & Municipal Court Archives

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.

Could NJ Theft of Services (2C:20-8) or 16:87-2.2 Have Immigration Consequences That Get You Deported?

Theft of Services is a common criminal offense charged in New Jersey given that the statute covers a broad range of criminal conduct. Some people may be surprised to learn conduct such as evading or willfully failing to pay transportation fare is potentially a criminal offense that falls under this statute. Title 2C of the New Jersey Criminal Code defines the crime of Theft of Services as the following:

Can New Jersey Criminal Mischief 2C:17-3 Affect My Citizenship Application?

One of the core requirements for naturalization is a showing of good moral character ("GMC") during the statutory period, which in most cases, is five years. Any criminal conviction or even arrest during that period could potentially affect a showing of good moral character. The crime of criminal mischief is one such offense that could lead to a negative finding by an Immigration Services Officer ("ISO") adjudicating the application.

Immigration Consequences of a Disorderly Persons Offense in NJ

In light of the Supreme Court's watershed decision, Padilla vs. Kentucky, criminal defense attorneys are now obligated to properly counsel their foreign national clients as to the immigration consequences of a conviction. In cases where the consequences are clear, the defendant should be appropriately advised; in situations where the answer may not be as transparent, clients should be advised to consult with immigration attorneys who can assess the consequences. When major felonies are involved, almost all parties these days recognize the need to cover this base. Unfortunately, even though our municipal courts routinely advise criminal defendants during the opening remarks, many defendants who are not US citizens still fail to appreciate that immigration consequences are not limited to major crimes. Some disorderly persons offenses in New Jersey may also trigger drastic immigration consequences.

Shoplifting in New Jersey and Its Effect on Citizenship

One of the more common crimes that occur in New Jersey is the offense of shoplifting. Shoplifting is a criminal offense codified in NJSA 2C:20-11, and the penalties can be very severe. Shoplifting is considered a crime of the second degree if the full retail value of the merchandise is $75,000 or more. It is a crime of the third degree if the value exceeds $500 but is less than $75,000. Shoplifting is a fourth degree crime if the value is at least $200 but does not exceed $500. If the amount alleged to be stolen is less than $200, the offense is treated as a disorderly persons offense.

Immigration Consequences of New York's ACD program

People who charged with minor crimes in New York are sometimes offered an alternative disposition called an Adjournment in Contemplation of Dismissal ("ACD"). This type of offer generally arises when the crime is charged is a misdemeanor and the defendant has no prior record. In essence, the case is put on hold or suspended "before entry of a plea of guilty thereto or commencement of a trial thereof." After the specified period of time, usually six months, as long as all conditions have been fulfilled, the charge(s) against the defendant are dismissed.

Will I Have Problems With Immigration If I Travel With A Criminal Record From NJ?

While many people who are not US Citizens are increasingly aware that they ought to seek the advice of an immigration lawyer prior to entering a plea to a criminal charge, they may not necessarily be asking the right questions to their immigration lawyer, or worse, the criminal defense or immigration lawyer may not be evaluating all of the immigration consequences to a plea. Besides issues of deportability-that is, whether the alien may be deported after already being admitted to the US-there are also questions of admissibility, which can be incredibly complex. In other words, what if the alien who is a permanent resident or here on some sort of visa decides to travel abroad after entering a plea of guilty? What will be the impact of that guilty plea on the alien's ability to re-enter the United States? For many people, this is an equally important consideration, as individuals may have families in foreign countries or their own personal reasons for wanting to travel abroad. It is not uncommon, for example, for individuals who are here with H-1B status, to remain stranded in their native countries (especially India) because these are found to be inadmissible when they apply for their "stamp" or visa. Many people understandably do not want to stay trapped or confined in the US in order to insulate themselves from removability. Admissibility also comes into play when an alien pursues a visa abroad, whether it be a non-immigrant or immigrant one. (A non-immigrant visa is a temporary visa that allows the individual to come and stay in the United States for a limited duration; an immigrant visa, in contrast, confers permanent residence on the alien and allows that person to stay in the US indefinitely.) Similarly, if the individual is already in the US, even if he or she has already been admitted (ie., on a visitor's visa), there are nevertheless issues of admissibility if that person wishes to file for adjustment of status.

What Are The Immigration Consequences Of Violating A Domestic Violence Restraining Order in New Jersey?

Restraining Orders are orders of protection granted by the Court to prohibit an individual from contact with the person claiming that his/her life, health, or well being is being threatened. They are intended to safeguard victims of domestic violence. While a restraining order is civil in nature, there are a number of consequences that can extend into both the criminal and immigration arenas.

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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