Alan Lee

Alan Lee

Attorney Profile

Top Rated Immigration Attorney in New York, NY

Alan Lee, Attorney at Law
 | 408 8th Avenue, Suite 5A
New York, NY 10001
Visit: www.alanleelaw.com
Phone: 212-564-9496
Email: Alan Lee
Selected to Super Lawyers: 2011, 2013 - 2018
Licensed Since: 1982
Practice Areas:
  • Immigration: Consumer
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Attorney Profile

Alan Lee exclusively practices immigration law and covers the spectrum from non-immigrant visas such as H-1B and L-1, to federal court litigation including employment and family-based matters, investment immigration, asylum, and citizenship. He holds an AV preeminent rating in the Martindale-Hubbell Law Directory and is on the Bar Register of Preeminent Lawyers, the highest rating in both legal ability and ethical standards as judged by his peers. He has successfully concluded cases before USCIS, DOS, DOL, Consuls, Immigration Courts, Federal Circuit and District Courts, BIA, BALCA, USCIS Appeals Adjudication Office, and Regional Commissioners. Mr. Lee has authored approximately 1,549 legal writings in newspapers and journals on immigration, including Interpreter Releases, Immigration Daily, and Chinese language dailies World Journal and Sing Tao. His staff has fluency in multiple dialects of Chinese.

White Papers

  • Why the Trump/Republican Party Grand Plan Won’t Work – A Prelude To 2018 and 2020 (2017) - Alan Lee, Immigration Daily, 7/31/17, postulates that the forces that came together for a Trump victory in 2016 will no longer be present in 2018 and 2020 for the midterm and presidential elections, and that the Republican Party will have to change direction and oppose President Trump for it to have any chance at all for victory. The article looks at the uncovered lies of the president that his health care plan would be cheaper and cover more people when the opposite was revealed by the Congressional Budget Office (CBO) figures, and on his campaign focus to rid the country of violent lawbreaking undocumented immigrants when his actions have been to remove all of the undocumented as lawbreakers. It also enumerates other reasons for which Mr. Trump and the Republicans were elected and that actions to resolve those reasons have not been satisfactory. Moderate whites, blacks, Hispanics, Bernie Sander supporters, and LGBT community members lulled by broken promises to them and uninterested in voting or reluctant to vote for Mrs. Clinton will not be there to support Mr. Trump in either upcoming election, and the Republican Party will lose barring reversal of its strategy of appealing only to “angry white guys” to keep control of Congress.

  • Economic Growth and Stifling the Buying of Goods and Commodities by the Undocumented (2017) - Alan Lee, Immigration Daily, 7/14/17, examines the ramifications of the Trump policy as reflected by the ICE Enforcement and Removal Operations Chief’s memo that all undocumented immigrants are to be targeted instead of just those who have committed crimes – that it promises to further shrink the economy all by itself as undocumented immigrants refuse to venture forth except for essential trips, and that anecdotal evidence already suggests that many undocumented immigrants have gone from reaching out into communities to closing in amongst themselves. The effect is already being felt in GDP growth figures as the 10-11,000,000 undocumented immigrants are 3+ percent of the U. S. population and purchase far more than their share as the vast majority of them, 85.9% in 2012, were between 18-54 years of age, prime ages for establishing families and purchasing big items like homes and cars. A 2016 study further found that a policy of mass deportation would immediately reduce the nation’s GDP by 1.4% and ultimately by 2.6% and reduce cumulative GDP over 10 years by $4.7 trillion. (To give an idea of what the percentages mean, the Federal Reserve Bank of Atlanta expected second-quarter GDP growth figures to come in at 2.7%, more than a full percentage point below where it was in May). Also that the Republican plan to boost the economy is in trouble as it was initially to push health care legislation and then use health care savings to fund huge tax breaks to companies and the wealthy which would allow them to invest heavily into projects to promote hiring of U. S. workers along with helping to fund public works projects to rebuild the transportation infrastructure. But the health care bill is in trouble and even if the Republicans push through health care, their plan for economic success based on “trickle down” economics has been disproven as a viable economic theory through the presidencies of Ronald Reagan and George H.W. Bush.

  • Is the Wreckage Fast Approaching for the Nation under Trump? (2017) - Alan Lee, Immigration Daily, 2/6/17, is a shot across the bow to warn the Administration of the perils of continuing down the path that it has gone in two executive orders on immigration barring refugees temporarily from the U. S. and making it easier to remove undocumented immigrants. It examines the anticipated wreckage to the economy caused by Mr. Trump’s illogical economic scheme, expected mind-boggling future deficits, anticipated brain drain, loss of business, tourism, post secondary education dollars, departure of large numbers of the undocumented, and a predictably future plunging stock market. The article also focuses on the desired age of 95.5% of the 11,000,000+ undocumented immigrants – prime ages for establishing families, purchasing cars, homes, and all the other accouterments of living; that besides them, 6.6 million U. S. citizens live in households with at least one undocumented immigrant of which 5.7 million were under age 18 and 865,000 age 18 and over; and that a recent study found that a policy of mass deportation would immediately reduce the nation’s GDP by 1.4% and ultimately by 2.6%, and reduce cumulative GDP over 10 years by $4.7 trillion.

  • What Should You Do About Your Immigration Situation In A Donald Trump Presidency (2016) - Alan Lee, Immigration Daily, 11/14/16, attempts to give guidance to legal non-immigrants and undocumented immigrants in the wake of Donald Trump’s surprise victory – mainly that undocumented immigrants should now only file cases affirmatively which have good chances to win and avoid dangerous cases, situations, places, or associations with people that could bring them to the attention of the police or ICE; and that legal non-immigrants may have more time before Mr. Trump begins paying attention to legal immigration due to his other priorities; that because of the time limit between the inauguration and the beginning of H-1B filings in April, this H-1B season will likely feel little effect from Mr. Trump; and that they should start meritorious cases for permanent immigration as soon as possible.

  • Immigration Reform Requires Congress Readjustment and Everyone’s Vote (2016) - Alan Lee, Immigration Daily, 10/14/16, postulated that for immigration reform to happen, it was not enough to elect the Democratic candidate, Mrs. Clinton, but also Democratic members of Congress in light of Mr. Obama’s difficulties in enacting comprehensive immigration reform due to an obstructionist Republican Congress in which its far right elements bent even moderate members and the ex-Speaker John Boehner to its will in rebuffing pro-immigration legislation.

  • Should Asian Americans Vote a Straight Democratic Ticket? (2016) - Alan Lee, Immigration Daily, 9/26/16, posing the question and asking Asian Americans to consider voting not only for Hillary Clinton, but also down ballot for Democratic members of Congress as the interests of Asian Americans more closely align with those of the Democratic Party than those of Donald Trump and the Republican Party; and that failure to elect a Democratic Congress would result in the same legislative gridlock that the country has experienced in the past decade.

  • The New Visa Charts – A Primer In Interpreting Them, Historical Perspective, Use In Forecasting Demand, How The New System Will Work, And Their Additional Benefits To All (2015) - Alan Lee, Immigration Daily, five-part series 9/23-10/2/15, examined in depth the changes to the monthly visa bulletin of the Visa Office giving author’s assessment for optimal use of the changes consistent with the Obama Administration’s 11/20/14 Immigration Accountability Executive Actions to advance the filing of I-485 adjustment of status to permanent residence applications for aliens caught in immigration backlogs with attendant benefits of advance parole and employment authorization, and to improve immigrant visa forecasting to bring about more stability in visa category movement and maximum utilization of annual quota of visa numbers.

  • Landscape for Undocumented Immigrant Relief Appearing Bleaker - I-601A Looking Brighter (2015) - Alan Lee, Immigration Daily 6/2/15, laid out the latest negative developments on the Obama Administration's Executive Actions for immigrant relief in the 5th Circuit Court of Appeals, pointed out the favorable statistics of the President's I-601A provisional waiver program along with its upcoming expansion covering classes other than immidiate relations and recommended its consideration by undocumented immigrants who are or will be eligible for its relief provision.

  • The President’s play on immigration – big or small or not at all and expected consequences (2014) - Alan Lee, Immigration Daily, 11/19/14, encouraged the President to announce his executive action on immigration immediately and to include as many undocumented immigrants as possible taking into consideration the expected backlash and the consequences of inaction.

  • Holding the Senate is the goal, but could President Obama be wrong about the means to do it? (2014) - Alan Lee, immigration Daily, 9/11/14, scolded the President on failing to announce his executive action to help undocumented immigrants because of his fear that such would endanger Democratic candidates in the midterm elections, and pointed out that his failure to deliver on his promise of executive action would hurt in the polls by deflating a large number of supporters including not only Hispanics but other immigrant groups and young voters who largely support immigration reform.

  • What is the calculus on immigration reform? (2014) - Alan Lee, Immigration Daily, 6/10/14, brought out the pros and cons to the President’s decision in June to hold off on his promise of executive action to help undocumented immigrants until the end of the summer to allow Republicans to act on an immigration bill, and concluded that there was little merit to a 2 month wait as the Republicans would have further entrenched themselves against immigration reform on the campaign trail and the president would wind up looking even more weak and ineffectual and not even gain the moral high ground.

  • Republicans to Sideline Hispanics and Other Minorities by Piecemeal Immigration Legislation? (2014) - Alan Lee. Immigration Daily, 1/6/14, explored the question of what Hispanics and other minorities should do in the event that the Republican House of Representatives was only prepared to offer limited immigration legislation in the early part of 2014. The article looked at the escalating stakes of the 2014 midterm elections brought on by the November 2013 Democratic Senate action of exercising the “nuclear option” to cut off debate at 51 votes instead of 60 on judicial and executive appointments, etc.

  • The Renewed Hope for Immigration Legislation in 2011 (2011) - Alan Lee, Interpreter Releases, Vol. 88, No. 2, 1/10/11, gave various scenarios under which some forms of immigration reform legislation could occur in 2011 along with the different involved groups' choices along the way.

  • Recommendations On Positive Immigration Options That The Administration Should Explore (2010) - Alan Lee, Immigration Daily, 4/15/2010, gave recommendations for immigration legislative relief that the Obama Administration could explore.

  • The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis (2004) - Alan Lee, Interpreter Releases, Vol. 81, No.15, 4/12/2004, analyzed the ultimately unsuccessful Bush attempt at Comprehensive Immigration Reform (CIR), the need for CIR, competing legislation, & the pros & cons of the different paths.

  • Seventeen articles between 9/2011 and 1/2015 advocating and explaining I-601A waiver relief for non-adjustable undocumented immigrants before their final decision to depart the U.S. for immigrant visa appointments at American consulates and embassies. 

  • Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012, Alan Lee, Interpreter Releases, Vol. 89, No. 10, 3/5/12, studied and estimated future EB-2 (employment based second preference permanent visas for those with advanced degrees) use to determine the necessity of H.R. 3012, legislation which had the principal appeal of increasing  the percentage of EB-2 permanent visas available to natives of China and India, but was the subject of a proposed anti-immigrant amendment for dropping Republican Senate opposition.

    • About Alan Lee

    Admitted: 1982, New York

    Professional Webpage: http://www.alanleelaw.com/english/profile.html

    Honors and Awards:

    • Rated AV in Martindale-Hubbell Law Directory since 1994, AV Preeminent rating since 2010 with legend of highest possible rating in both legal ability and ethical standards, & in the Bar Register of Pre-eminent Lawyers since 2011.  Awarded twice by the government of the Republic of China in 1985 for outstanding work in immigration and human rights affairs; selected for Who's Who in American Law; honorary editor of newspaper, Pakistan Calling; Sidney A. Levine Award winner at Cleveland Marshall College of Law for best legal writing in 1976/77. Recognized as one of New York area's "Top Rated Lawyers" by Martindale-Hubbell for 2012, 2014, 2015 & 2016.

    Special Licenses/Certifications:

    • Practice before governmental agencies dealing with immigration law such as Department of Homeland Security, U.S. Department of State, and Department of Labor - including Visa Office and consul posts, Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO), and Board of Labor Certification Appeals (BALCA).  Licensed to appear before Southern, Eastern and Western District Courts in New York and Second Circuit Court of Appeals

    Bar/Professional Activity:

    • Panel expert in seminars of the Immigration Law Weekly in areas of labor certifications and litigated employment cases.

    Pro bono/Community Service:

    • Appearances before community groups, universities, colleges and institutes on immigration issues of interest to them. Participant in Ask-A-Lawyer program of LexisNexis/Martindale-Hubbell since 2013.   Before moving to New York, staff attorney in Bowling Green, Ohio, for Ohio Migrant Legal Action Program (OMLAP) & then lead attorney in Bowling Green for its successor, Advocates for Basic Legal Equality (ABLE).

    Scholarly Lectures and Writings:

    • Lectures before student groups at universities, colleges, and institutes on immigration laws.  Approximately 1,549 legal writings in newspapers and journals on immigration law; and a regular contributor to Martindale-Hubbell's Ask-a-Lawyer program.

    Verdicts and Settlements:

    • Matter of Leacheng International Inc., 26 I&N Dec. 532 (AAO 2015); Firstland International v. INS, 377 F.3d 127 (2d Cir. 2004);  Chavan v. Drysdale, 513 F.Supp.990 (NDNY 1981). 

    Transactions:

    • “I-601A Expansion Rule Comes Out To Cover All Case Classes with Eligibility to Immigrate Including Family Members And Those with Removal Orders” Alan Lee, The Immigration Daily, 8/1/16; “The Peter Liang Case – A Potential Horror for Democrats and Immigration Reform” Alan Lee, The Immigration Daily, 2/22/16; "You Can And Should Have Input On U.S.C.I.S.’s Upcoming “Extreme Hardship” Interpretation For Its Policy Manual" Alan Lee The Immigration Daily, 11/12/15;  "Landscape for Undocumented Immigrant Relief Appearing Bleaker - I-601A Looking Brighter" Alan Lee, The Immigration Daily, 6/2/15.
    • “A Sense of Timing on Available Numbers under Senate Bill 744 (Comprehensive Immigration Reform” Alan Lee, Interpreter Releases, Vol. 90, No. 20, 5/20/13
    • "Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012," Alan Lee, Interpreter Releases, Vol. 89, No. 10, 3/5/12; "Important Developments in Labor Certification Applications," Alan Lee, Interpreter Releases, Vol. 88, No. 6, 2/7/11; "The Renewed Hope for Immigration Legislation in 2011," Alan Lee, Interpreter Releases, Vol. 88, No. 2, 1/10/11; "Legalization is Alive but has a January 31, 2010, Deadline in Underpublicized "Known to the Government" Settlement," Alan Lee, Arthur Lee, and Melissa Paquette and edited by Robert Pauw, Interpreter Releases, Vol. 86, No. 47, 12/14/09;  "In Absentia Hearings and Proper Service of NTAs and NOHs with Emphasis on Second Circuit Law Development, Alan Lee, Interpreter Releases, Vol. 84, No. 37, 9/24/07;  "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis," Alan Lee, Interpreter Releases, Vol. 81, No. 15, 4/12/04

    Representative Clients:

    • Withheld for client privacy

    Other Outstanding Achievements:

    • Firstland Int'l v. INS successfully challenged Legacy INS' policy of over 40 years of revoking approval of immigrant visa petitions under a nebulous standard of law.  It was short-lived, however, as it was legislatively overturned by the Bush administration. Yet Firstland lives on as precedent that the government must comply with nondiscretionary duties established in law, and such failure is reviewable in federal courts.
    • Matter of Leacheng International Inc. established nation-wide standards on the definition of “doing business” for multinational executives and managers to gain immigration benefits.

    Newsletters:

    • News blurbs/Q&As are posted on our website, http://www.AlanLeeLaw.com on a weekly basis

    Educational Background:

    • B.A. graduate in English of UCLA 1973 and J.D. graduate of Cleveland-Marshall College of Law, 1977. Ohio bar, 1977; New York bar, 1982.

    Industry Groups

    • Immigration Law
    • Nationality Law
    Office Location for Alan Lee

    408 8th Avenue
    Suite 5A
    New York, NY 10001

     

    Alan Lee:

    Last Updated: 3/23/2018

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