SUCCESS STORIES

 

SUCCESS STORIES

All the Success Stories in this section that you read, are true facts and circumstances of cases relating to numerous clients represented by Mr. John A. Nicelli Esq., Immigration Attorney. The clients names have been removed for Protection of their Privacy. You are welcome to schedule a consultation, Please click here:   CONTACT US ,  (212) 227-8020.

Mr. Nicelli will make an honest assessment of your situation and offer you the best options available to you, for all your Immigration needs.

 

LABOR CERTIFICATION

A labor certification application was filed on behalf of an Irish immigrant who was a civil engineer. He had been offered employment by an employer whose work involves primarily sub terrorism industrial work including tunnel and subway platforms. The employer received thirty four (34) resumes of applicants who applied for the job. After a detailed analysis of each resume and interviews with each applicant the employer lawfully rejected each applicant. After Mr. Nicelli’ s review of the reasons for rejection, the response to recruitment was sent to the N.Y.S. Dept. of Labor and the case was approved. The employee who had obtained an H Visa to work for the employer was successfully sponsored and became a lawful permanent resident and eventually became a U.S. citizen.

NATURALIZATION

In 2004 a Mexican National was sponsored by his employer as a maintinance mechanic. Before completion of his Visa processing the company was sold. Fortunately Mr.Nicelli was able to convince the new employer to continue with the sponsorship of the employee, Eventually the man filed for adjustment of status and became a permanent resident. After waiting approximately six years the individual filed for citizenship. At his interview he was asked if he was previously married and he answered never. The examiner told him that he believed he was lying and denied his application. After receiving the denial notice the individual came back to Mr. Nicelli and asked for his help. A new application was filed and the permanent resident was interviewed in New Jersey. Mr. Nicelli attended the interview and advised the examiner that the individual was never married and never misrepresented anything at anytime to the U.S. Immigration Authorities. The examiner then presented a copy of a marriage certificate that was in the file evidencing proof that the individual had been married. Mr. Nicelli then explained that the marriage certificate was phony and had been filed by a con artist who the individual sought help from many years ago in order to obtain a legal status. After paying the con artist approximately one thousand dollars ($1000.00) the con artist filed an application for adjustment of status on behalf of the Mexican national without his knowledge. At the time my client spoke no english and was not familiar with U.S. Immigration Laws. The document was altered by the con artist and the Mexican nationals name was placed on it. Mr. Nicelli then obtained verification from the N.Y.C. marriage bureau that no record existed concerning the individuals marriage in New York City. Since the individual never committed a fraud, had no knowledge of the marriage registration and never misrepresented anything to any government official, his application was approved. The individual is now a U.S. Citizen.

 I-601 WAIVER

In 1996 an Indian National was brought to the U.S. by a smuggler who made arrangements for him to fly to the Dominican Republic. After he arrived in the Dominican Republic he boarded a boat that was loaded with other smuggled passengers, which was to sail to Puerto Rico. Once they arrived in Puerto Rico the U.S. Border Patrol observed the boat and its passengers. After setting foot on the beach the Border Patrol immediately approached the passengers and apprehended all the smugglers and the passengers. While searching the boat the Border Patrol found large quantities of illegal drugs and everyone was arrested and charged with criminal possession and transportation of narcotics. While being held at the Federal Prison awaiting the criminal charges, the U.S. Attorney realized that my client had nothing to do with the alleged possession and transportation of the narcotics found on the boat. As a result the criminal charges were eventually dropped and the individual was turned over to the custody of the immigration authorities. After his release he was scheduled for a Immigration Court hearing but he did not appear and was Deported in 2002. The alien then married a U.S. citizen and retained a lawyer to reopen the Immigration Court Proceedings. The motion filed was denied. Approximately three years later the alien divorced his wife. In 2006 he was arrested for selling untaxed cigarettes in a store he worked at. He was criminally charged and given a fine. In 2008 the individual met another woman, an Indian National who was also a U.S. Citizen whom he later married. They lived together as husband and wife and she gave birth to a U.S. citizen child. In the spring of 2010 the Immigration & Customs Enforcement (ICE) agents came to his home and arrested and Deported the Indian National. He was held approximately for three weeks in Atlanta Georgia and subsequently removed from the U.S. When Mr. Nicelli Esq., was retained the individual had already been deported and his current wife had not filed anything on his behalf. Mr. Nicelli then filed a Visa Petition on behalf of the aliens U.S. citizen wife which was later approved. At the time of the interview an I-601 waiver was filed based on the extreme and unusual hardship his wife would suffer by his absence and trying to raise a child as a single mother. The application was approved and early 2011 the individual was granted his Permanent Residence. He now continues to live with his wife and child and has started his own business, a Grocery Store in North Carolina.

Deportation / Bond

In January 2011 Mr.John A.Nicelli Esq., represented three (3) Mexican Nationals who live in New Jersey and had driven cross country to Washington State in order to obtain a driver’s license. On the return trip back the vehicle was stopped in Grand Forks North Dakota for a traffic infraction. The driver of the vehicle who was also a Mexican National was illegally in the U.S. and was paid by the three passengers to transport them across the U.S. After the driver presented an invalid driver’s license the North Dakota State Police notified the U.S. Border Patrol of the four individuals. The authorities then learned that all four individuals had no legal status in the U.S. After meeting with the Border Patrol all four individuals were arrested and detained. The driver was criminally charged for transporting illegal aliens across the U.S. for payment. The three passengers were held as material witnesses in the criminal investigation of the driver. After three weeks in custody of the U.S. Marshalls Service the driver of the vehicle pled guilty and was sentenced to four months in Federal Prison for his crime of transporting illegal aliens for payment. The three passengers were then sent back to the custody of the U.S. Border Patrol Agency who refused to set a bond for the three passengers to pay inorder to be released, Instead they were transferred to the custody of the Immigration Customs Enforcement Agency (ICE). Mr.Nicelli was retained and filed a request to have a immigration bond hearing before an immigration Judge. Since there is no U.S. Immigration Court in North Dakota the hearings were scheduled at the Immigration Court in Bloomington Minnesota where Mr.Nicelli presented legal arguments in support of his clients. Of the three immigrants two were released on bonds of $2,500.00 (U.S.Dollars) each. The third passenger was released with a slightly higher bond. Since Mr.Nicelli was able to convince the Judge that the aliens were entitled to and deserved a lower bond the family members were able to post the bonds and all were subsequently released. Shortly before the hearings were scheduled in Immigration Court one of the clients who was in her last semester of high school was notified through her mother that she was being expelled from school due to the amount of classroom time she lost while detained. Mr. Nicelli contacted the school and explained that the students’ absence was not voluntary. They then advised to contact them once she was released from custody. When the high school student reported to school, the school informed her that she had been expelled. As a result Mr. Nicelli then contacted the school a second time and after providing a written statement as to the event that took place the student was reinstated and was able to complete her studies and finish her final semester. She was able to graduate at a later time. All three individuals are now applying for permanent residence. 

 

U.S. Residence

An Italian Citizen was sponsored through his job in order to obtain his permanent residence. Despite a number of issues concerning the employer, the U.S. depart. of labor approved the labor certification application. Once the labor certification application was approved an I-140 immigrant visa petition was then filed and approved by the U.S. Citizenship and Immigration services office in Mesquite Texas. The applicant then filed for adjustment of status together with his wife. After attending an interview in New York City their cases were left pending visa availability. A few months later the aliens spouse received her alien card in the mail. However her husband who was the primary applicant did not receive his. Upon further investigation by Mr. Nicelli he learned that the alien card sent to the wife was an error. After some discussions concerning the situation with a U.S.I.C.S. New York district supervisor the U.S.C.I.S. notified the alien of the intention to rescind her residence. However they never asked her to return the alien card. After approximately two years of waiting the husband was rescheduled for an interview and was granted his residence, after explaining what the wife situation was with the examiner, arrangements were made for the wife to turn in her improperly issued alien card so that a new one could be issued based on the fact that her husband had finally become a resident. After returning the alien card, my clients’ wife was scheduled for a biometrics appointment (fingerprinting). After approximately one month my client went to the U.S.C.I.S. district office to inquire about her alien card. After making an appearance at the U.S.C.I.S. the representative told the client that according to the computer records her residence was never rescinded and she could not understand why she had to turn in her alien card. As a result the representative stamped my clients passport and informed her she was OK to travel outside the US. My client without my knowledge then purchased tickets and traveled to Europe. While she was away the U.S.C.I.S. called my office to bring in my client for final processing of her alien card. After not being able to locate my client, I learned she was in Europe. My client then returned and was admitted into the U.S. as a permanent resident based on the temporary stamp in the passport that she was a permanent resident. She was scheduled for an interview after her return once again at the U.S.C.I.S. N.Y. district office. At the interview my client and I were told that her residence was being denied due to her fraudulently obtaining a permanent resident stamp in her passport. I immediately protested and convinced the examiner to do nothing until I was able to bring the situation to the attention of the district director. After discussing the situation with the Deputy District Director I learned that it was the U.S.C.I.S. position to deny the application and have an immigration Judge make the final decision. With extensive correspondence and telephone conversations Mr. Nicelli was finally able to convince the authorities that the alien never committed a fraud, never misrepresented any facts and was always truthful in all of her representations at interviews with the immigration authorities. The errors were all made by the U.S.C.I.S. The U.S.C.I.S. never corrected their computers to reflect that the alien’s residence had been rescinded; As a result of skillful, professional, and persistent negotiations Mr. Nicelli was able to convince the U.S.C.I.S. to issue the alien her residence. My client is now very happy and is able to continue living a wonderful life as a lawful permanent resident.

Hardship Waiver

In the year 2008 a citizen of India was arrested in New Jersey for attempting to purchase a U.S. birth certificate in order to obtain a drivers license. At the time this Indian citizen worked in a grocery store and knew the person selling the birth certificate as a customer in the store. After the sale was arranged and payment was made, the person selling the document turned out to be a New Jersey State Policeman working undercover. As a result the individual who had been illegally in the U.S. a few years was arrested and criminally charged. Mr. John A.Nicelli was then retained for services as he was recommended by a previous client. Mr.Nicelli spoke with the criminal lawyer and an agreement was reached to have all the criminal charges dropped provided the individual leaves the U.S. Since the individual had a U.S. citizen fiance it was critical that the individual should not be deported. After some skillful, professional negotiations with the U.S. Immigration and Customs Enforcement (ICE) and gouverment prosecutors Mr.Nicelli was able to request an order of voluntary departure from an Immigration Judge. The alien subsequently left the U.S. on his own accord and reported his physical presence upon arrival at the U.S. Embassy in India. The alien then married his fiancé who later gave birth to their child. Since the mother of the child is a U.S. citizen the child acquired U.S. citizenship at birth. Once all the visa documents were processed the alien could not return to the U.S. due to his period of illegal presence in the U.S. for more than one year. As a result an I-601 waiver application was submitted documenting the extreme hardship to the U.S. citizen spouse. After the visa waiver application was filed it took approximately 13 months and the individual was approved and was allowed to enter the U.S. as a permanent resident to be with his wife and child. The hardship was documented by submitting hundreds of documents in support of the waiver. Once the alien remains in the U.S. as a lawful permanent resident and living in a bonafide marital relationship with his spouse for three years, he will be eligible to apply for U.S. Citizenship.

 STATEN ISLAND ACADEMY STUDENTS MOM SAVED FROM DEPORTATION

STATEN ISLAND, N.Y. – TODT HILL – In a season chock-full of stories with happy endings, a Staten Island mom was saved in the "nick"of time from being deported, thanks in part to caring faculty and staff at Staten Island Academy. Academy parent Marzena Pudelkiewicz was almost deported from the United States to her native Poland, due to a clerical error that her previous attorney made while handling her case. Fortunately, an Academy staff member recommended that she seek the advice of another Academy parent,John Nicelli, a Manhattan-based Lawyer who specializes in Immigration Law. Mrs. Pudelkiewicz did, and now the family is celebrating winning their case and receiving green cards. Mrs. Pudelkiewicz and her husband, Jaroslaw, came to the United States from Poland in 1991, settling in Brooklyn. They moved to Staten Island in 2006 and had been working on achieving their "green cards" as permanent residents, according to Mrs. Pudelkiewicz. "We worked hard, paid our taxes, and we did everything 'by the rules'," she said. The family's immigration problems began when Mrs. Pudelkiewicz sought legal advice about returning to Poland to attend the funeral of her brother, who had been killed in an automobile accident there. On advice of her attorney, she was told it was OK to leave the country and she traveled to Poland. When she returned to the United States, however, she was flagged by federal immigration officials and told she would have to return to Poland. Her husband, who is self-employed in the construction industry, also would have to return to Poland, along with their two children, who were both born in America. "We were told we would have to start all over (to come to the United States)," said Mrs. Pudelkiewicz. The Todt Hill couple's older daughter, Samantha Pudeliewicz, 16, is a junior at Staten Island Academy. She has been a student there since sixth-grade. Described as a "serious" student with an interest in American history, she is a member of the high school girls' varsity volleyball team and helped lead the team to the playoffs this season. The couple also has a 2-year-old at home. "We came to this country for a better life, and we moved to Staten Island so that Samantha could get a good education and go to college," Mrs. Pudeliewicz explained. "We couldn't go back to Poland and leave her here, and if we took her back to Poland, she is an American, what opportunities would she have there?"         

 

                                                 

 

A  'HARDSHIP'                                                                                                               

When Mrs. Pudeliewicz shared the family's Immigration problems with Academy staffer Annette Fevola, she was referred to Mr.Nicelli, whose daughter, Natalie, is a senior. In order for Mrs. Pudelkiewicz to win the case, Nicelli explained, he had to prove to Immigration Authorities that it would be "an extreme and unusual hardship" for Samantha, a U.S. citizen, to have her mother removed from the United States, or to have to interrupt her education to relocate to Poland with her parents. According to Nicelli, this type of case is very difficult to prove. He asked if Samantha's teachers at the Academy could write letters describing what the impact of her mother's removal would have on the teen. Faculty members responded swiftly and sincerely on Samantha's behalf. When Head of School Diane Hulse sent an e-mail to faculty explaining the situation and asking for letters on Samantha's behalf, 13 of her teachers stepped forward immediately. Mrs. Hulse also wrote on Samantha's behalf. "I just thought it was an injustice for a child to lose the opportunity to continue her education. Adolescence is a very fragile time, and to be separated from her friends and surroundings, and have her education disrupted, would be devastating on so many levels," Mrs. Hulse said.  "Samantha's a wonderful student, and her parents are good people," Mrs. Hulse added. Chemistry teacher and science department chair Dr. Rachael Ward, also wrote on Samantha's behalf, as did her American history teacher and history department chair Caren Platis. "Samantha is a highly intelligent young woman, who is discovering that she has talents in so many areas including History, Math, Science and Art. Please do not deprive her of the school and friends who have helped her develop the ability to speak her opinions and the freedom and support needed to continue to discover her talents," Dr. Ward wrote. Mrs. Platis concurred: "Currently, Samantha is at a critical juncture in her educational experience. If Samantha were suddenly removed from her supportive and nurturing academic environment and placed in an unfamiliar school in a foreign country, I believe Samantha would withdraw academically and retreat to anonymity, feeling powerless and apprehensive. The consequences of such a move would be unimaginable to Samantha's confidence and to her future," she wrote. The faculty letters were forwarded to Judge Sarah M. Burr, Assistant Chief Immigration Judge for the New York District, who heard the case. Nicelli described the judge as tough but fair. "Judge Burr is a very nice lady, but due to her seniority, she doesn't give anything away," he observed. Ultimately, Nicelli said that the faculty input "was instrumental in convincing Judge Burr that Samantha's life and life's goals would be demolished had her parents been ordered removed." "The family's victory was well deserved," Nicelli said. The Pudelkeiwiczs said they are elated at the outcome and grateful to Nicelli, Staten Island Academy, and to Judge Burr. "I believe, with all my heart, in America and in its justice system, Mrs. Pudelkeiwicz said. "There is no country in the world like the United States, and this is really the best New Year's gift I can ever receive."

 

Published: Thur., Jan.06, 2011, 12:56 PM Updated: Thur., Jan.06, 2011, 1:02 PM  By: Diane Lore. Staten Island East Shore/Weekly East Shore Print Edition

To Visit the WebSite of Staten Island Live: ( Click here: S.I. Live)

 

Cancellation of Removal

The applicant came to Mr. John A. Nicelli Esq., because his employer promised to sponsor him as an iron worker. After speaking with the employer he assured me that he wanted to help his employee and that he had more than sufficient income to pay the offered wage. Based on the employer’s representation we filed a labor certification application with the N.Y.S. dept. of labor. The application filed was approved. As a result we then asked the employer for his tax returns in order to file the immigrant visa petition. Unfortunately, he refused to cooperate and when Mr. Nicelli reminded him of his previous representations concerning his ability to pay the wage, he stated he was unwilling to present his tax returns and really didn’t care if the immigrant visa petition were denied. We then filed the immigrant visa petition based on the financial information provided. However, due to the employer’s failure to cooperate my client was placed in Removal Proceedings. When he appeared before an Immigration Judge we applied for cancellation of Removal based on the extremes and unusual hardship that would result to his mother, whom was a lawful permanent resident of the U.S. After submitting four hundred and eleven (411) pages of documents in support of the application for cancellation of removal the Immigration Judge granted the application for cancellation of removal and the government attorney did not appeal. As a result my client a citizen of Ecuador is now a permanent resident of the United States.   (Jan.2011)                                       

Cancellation of Removal

In the spring of 2010 a Polish couple came to Mr. John Nicelli after being placed in removal proceedings. The female spouse was sponsored through a job and the husband and wife were awaiting the final review of their applications for adjustment of status. Unfortunately, the couples lawyer informed them that he could obtain permission for them to travel provided they paid him four thousand dollars. After paying the outrageous fee the female applicant obtained advance parole and traveled to Poland. The purpose of the trip was to visit her mom after the tragic death of her brother in an automobile accident. When the applicants appeared for their interview their applications for permanent residence were denied. Because the female applicant who had been sponsored traveled, she was barred for ten years from obtaining her permanent residence. Since she was the primary applicant her husband could not benefit once her case was denied. After discussing their situation, Mr. Nicelli agreed to represent this husband and wife before the Immigration Court. The couple have two U.S. citizen children a seventeen year old and a two year old. The husband owns his own construction business and they always paid their taxes. The female who is thirty nine years old suffers from ulcerative colitis and the male applicant who is forty two years old has a serious heart condition. Mr. Nicelli vigorously represented these individuals and provided the court with sixty nine exhibits each of which verified the extreme and unusual hardship which would result to the U.S. Citizen children of this married couple. After an extensive hearing on the matter before the Immigration Court, The Immigration Judge granted this couple cancellation of removal. They are both now permanent residents of the U.S.  (Dec. 14,2010).

   

Conditional Residence   

Mr. John A. Nicelli represented a Polish Citizen who was married to a U.S. citizen and lived in a bonafide relationship. The Polish citizen (female) had met her husband in Poland and had attended High School together. Some years later they re-established their relationship and later married. After getting married the (female) spouse obtained her conditional residence in the U.S. during the marital relationship. However, the U.S. citizen spouse (male) later became abusive which led to a breakdown of the relationship. In order to spite his wife the malicious husband confiscated and destroyed all their documents including bank statements, bills, pictures, and any other documents he could locate regarding the marital relationship. Despite these issues Mr. Nicelli represented the (female) polish citizen whose application for removal of Conditional Residence was approved.       

(Oct.26,2010).

 

Adjustment of Status

Mr. John Nicelli represented two clients from Trinidad, both who were sponsored as Religious Workers before April 30,2001., Unfortunately after their petitions were submitted to the U.S. Immigration Authorities by two different Religious Organizations both were withdrawn by the Religious Organizations Pastors. In the year of "2006" and "2007" both applicants found new Employers to Sponsor them. However the work they were sponsored for was totally unrelated to Ministry work. Labor Certification applications were filed and approved for both applicants as were the I-140 Immigrant Visa petitions. Once the immigrant visas became available Mr. Nicelli was able to file for adjustment of status on behalf of his two clients. Both applications were granted and both applicants and their families are now U.S. Permanent Residents. Mr Nicelli was able to convince the U.S. Immigration Authorities that although both applicants were illegally in the U.S. for many years the original Religious worker petitions filed were properly filed, meritorious and non frivolous. As a result both clients were granted adjustment of status pursuant to section 245(i) of the Immigration and Nationality Act.  (Oct.25.2010).

 

 

Adjustment of Status

A citizen of Yemen retained my services concerning the denial of his application for adjustment of status. This man was married to a U.S. citizen at the time of his original interview and it was determined that his divorce which he obtained in Yemen was invalid. As a result his marriage was invalid, so the visa petition and the application for adjustment of status were denied. The applicant then, appealed the denial of his visa petition which was also denied. The applicant was then placed in removal proceedings. At this point the applicant and his U.S. citizen spouse retained the services of Mr. Nicelli.  After a thorough investigation of the facts, Mr. Nicelli suggested that the applicant obtain a U.S. divorce from his wife in Yemen. After obtaining his divorce, the applicant remarried and refiled a new visa petition with the permission of the Immigration Judge. To complicate matters, the applicant had traveled to Yemen before filing his applications for adjustment of status. Since he had been in the U.S. for more than one year illegally before filing his application for adjustment of status the applicant was subject to a ten year bar from obtaining his residence (Section 212 (A) (9) (B) of the Immigration and Nationality Act). As a result an I-601 waiver was required to be filed with the Immigration Court. After demonstrating the extreme and unusual hardship to the applicants U.S. citizen spouse if he was removed to Yemen, the Immigration Judge granted the waiver and the application for adjustment of status. After years of stress in trying to resolve the applicants status he was finally processed and allowed to enjoy his life with his new wife again.  (OCT.18, 2010).

 

Naturalization

In 2008 a client filed for Naturalization without the assistance of an attorney. In January 2009 he was interviewed concerning his application for Naturalization. At the interview he informed the examiner that he had been arrested in 1967 for a minor charge which was dismissed. The examiner requested a certificate of disposition from the court in order to verify that the charge was dismissed. When the alien went to the courthouse he was informed that there was no computerized record for any arrest which took place more than forty-(40) years ago. When he was unable to produce any record concerning his arrest his application for Naturalization was denied. He was informed that he was ineligible for Naturalization. The alien then retained Mr. John Nicelli’ s services to resolve the problem. Once retained I immediately filed an appeal. At the interview concerning the appeal I provided an F.B.I. fingerprint report, a N.Y.C. Good Conduct Certificate and verification that the alien was never an inmate in the N.Y.S. Correctional System. In addition I provided other information verifying that the applicant had no pending unresolved criminal arrest. After additional background checks were conducted by the U.S.C.I.S. they finally agreed that we had met our burden of proof and that my client was eligible to become a U.S. Citizen. In Febuary 2010 he attended a Naturalization Oath Ceremony in the U.S. Federal Court Eastern District in Brooklyn, New York and became a U.S.Citizen.

 

Removal of Conditional Residence   

A female Polish citizen who was also a Canadian citizen came to Mr. Nicelli after her application for removal of conditional residence was denied. She was previously represented by a polish speaking lawyer who had filed an appeal of the decision denying the application for removal of conditional residence. Apparently her former lawyer did not know the law since an appeal cannot be filed if an application for conditional residence is denied. The only remedy is to have a hearing before an Immigration Judge once you are placed in removal proceedings. To avoid the client being placed in removal proceedings, Mr. Nicelli filed a new application to remove conditional residence based on the client’s bona fide marital relationship. To complicate matters further before the U.S. citizen's husband became ill the client went on a trip to Canada to visit her daughter. When she returned her husband’s children had put him in a nursing home where he subsequently died a few months later. In addition to finding her husband had died at the nursing home, the children had changed all the locks at the home where she lived with her husband and had discarded all her clothing, furniture, and personal belongings. The client was left virtually with no proof that she had ever resided with her husband. After a thorough investigation of the situation Mr. Nicelli was able to obtain numerous records verifying that the client had lived with her husband in a bona fide marital relationship. At the interview the Immigration Adjudication Officer approved the application for removal of conditional residence.    The client is now a permanent resident of the U.S. and is extremely grateful for the efforts of Mr. John A. Nicelli Esq., made on her behalf.

 

Adjustment of Status

In the summer of 2008 a Mexican National came to John A.Nicelli with a Denial notice of his I-140 Immigrant Visa Petition. After an evaluation of the employers Tax returns , Mr. John Nicelli realized that the employer was a sole proprietor and filed his taxes with U.S.Tax form Schedule C . The employers net income in the business was slightly below the prevailing wage. However the employer had a very substantial personal income.  After being retained Mr. John Nicelli filed a new petition.   After explaining and demonstrating to the U.S. Citizenship and Immigration Services that the employer had sufficient income to pay the wage, the petition was approved. The applicant was allowed to file for adjustment of status. In October 2009 the applicant was granted Permanent Residence.          (Oct. 2009)

 

I-140 Visa Petition

Mr. John A. Nicelli Esq., filed an I-140 visa petition for an individual whose labor certification was approved. The position was for a Italian Style cook.   The original petition was denied claiming that the employer did not have sufficient funds to pay the prevailing wage. The founder of the business had passed away during the labor certification process. As a result of his death his wife and daughter took control of the business. With the death of the restaurants’ founder and the economic crisis affecting many restaurant businesses receipts were down but the founder’s wife remained on the payroll. After receipt of the denial Mr. Nicelli filed to reconsider the denial of the petition arguing that the U.S.C.I.S. failed to consider the employers salary as being available revenue in the future and the total assets of the business. This motion was denied. Mr. Nicelli then filed for a second motion to reconsider and provided numerous financial records of the business verifying the employer’s ability to pay the offered wage. The second motion was denied based on the same reasoning that the employer did not demonstrate their ability to pay the offered wage. Despite this Mr. Nicelli would not give up and filed an appeal of the second denied motion. After considering all the arguments made by Mr. Nicelli the U.S.C.I.S. finally agreed that Mr. Nicelli's reasoning was correct and approved the petition filed. Both the employer and the beneficiary were ecstatic. Once the application for adjustment of status is approved this immigrant became a lawful permanent resident.    (Oct. 2008)

 

Labor Certification

Mr. John Nicelli filed a number of Labor certifications for a Marble and Granite Co. The position was that of a Stone Polisher.  The wage for the position was twelve dollars per hour. After submission of the labor certification under Pre-Perm procedures the Department of Labor requested that the wage offer be changed to twenty seven dollars per hour.  After vigorously challenging the wage, The NYS Department of Labor agreed that the wage stated by Mr. John Nicelli was in fact the correct wage for this position. All the Labor Certification applications filed by the employer were approved and all the employees became permanent residents.

 

Certificate of Citizenship

In another recent case a N-600 application was filed by Mr. John Nicelli for a client in order to obtain a certificate of Citizenship.  The applicant who had a felony conviction was previously found by an Immigration Judge to be a U.S. citizen.  At the time of birth, his father was a U.S. citizen and as a result he was determined to be a U.S. citizen.  As a result, the Deportation proceedings previously initiated were terminated. After an interview in the New York District, the application was denied.  The Immigration Authorities claimed that the individual was not a U.S. Citizen, despite the Immigration Judge finding that he was.  Upon receiving this outrageous and improper decision, Mr. Nicelli filed an appeal with the U.S. Office of Administrative Appeals. Within three months of filing the appeal, the decision was overturned. Despite this, The NY District Office did not schedule the individual to be issued a Certificate of Citizenship.  As a result, a number of inquiries were made escalating each inquiry to a higher authority. When the NY District Director was informed of the situation and realized how inappropriately the office personnel had conducted themselves, the individual was scheduled for an appointment and issued his Certificate of Citizenship.

 

Adjustment of Status

In the summer of 2008, a Polish Immigrant came to see Mr. John Nicelli with his twenty year old son.  He showed John Nicelli a decision denying his I-140 Immigrant Visa Petition and a denial of the appeal filed with to the Administrative Appeals office in Washington D.C.  Upon John Nicelli’ s review of the documentation submitted he realized that the I-140 could have been approved.  After being retained, John Nicelli filed a petition explaining in great detail why the employer continued to have the ability to pay the prevailing wage. Within a few months the petition was approved and this applicant and his family were allowed to file for Adjustment of Status before the son's 21st Birthday.  In October 2009 the adjustment of status applications were approved and the entire family has received their Permanent Residence.  The applicants’ former attorney failed to understand the employer's taxes and failed to explain why the decision made was improper. Had this family not come to Mr. John A Nicelli when they did they likely would have been placed in Removal Proceedings.  (June, 2008)

 

Adjustment of Status/Cancellation of Removal

In January, 2008, an Italian citizen recently married was traveling with his U.S. citizen wife on an Amtrak train from Chicago to New York City.  Although being married to a citizen, the Immigrant had not filed to obtain a Legal Status in the U.S. As a result, he remained illegally in the U.S. after having arrived in 1996. After the train stopped in Rochester N.Y., the U.S. Border Patrol entered the train and asked the Immigrant and his wife for identification.  When it was determined that he was illegally in the U.S., he was immediately arrested and placed in immigration custody.  He was subsequently brought to the Batavia Detention Center, located near Buffalo, N.Y. Since the immigrant arrived in the U.S. with a Visa waiver as most Europeans do, he was not entitled to a bond nor a hearing before an Immigration Judge.  Many tourists do not realize that when they travel to the U.S. using a Visa Waiver, they are waiving their right to contest the possibility of being deported later with few exceptions. When Mr. John A. Nicelli was asked to represent the immigrant, he was already in custody and arrangements were about to be made for his Removal from the U.S. Mr. John Nicelli was able to convince the Immigration Authorities that the immigrant had spent most of his life in the U.S. He was well educated, had no criminal background and was unlikely to depart secretly or hide himself. As a result of being married to a U.S. citizen, he would be eligible to adjust status, if given the opportunity. After some negotiating, Mr. John A. Nicelli was able to have the immigrant released from custody on his own recognizance with the understanding he would be required to report to the Immigration Authorities in N.Y., after his release.  Once he was released, an application to adjust status was filed. At the interview held in the N.Y. district, the application was approved and the order of removal was withdrawn.  The immigrant is now a permanent Resident of the U.S. Mr. John Nicelli can assure everyone reading this story that he and his wife will never forget their Honeymoon.    (Jan. 2008)

 

 

Labor Certification

A very interesting case was successfully handled by Mr. John A. Nicelli, involving a Labor Certification filed by a contractor. At the time the labor certification was filed, the position was for that of a secretary. After the labor certification application was certified by the U.S. Department of Labor, the immigrant was able to file for adjustment status. While the adjustment of status application was pending, the employer married the secretary who he offered employment to. Mr. John Nicelli was able to demonstrate that the recruitment and labor certification process was bonafide since the employer and the employee were not in a relationship while the labor certification application was pending. Since a legitimate job offer still existed at the time of the interview, the application for adjustment of status was approved. The employer and his wife eventually had two children while she continued her employment at her husband’s business.

 

Adjustment of Status

In the spring of 2009 a Dominican immigrant came to Mr.John Nicelli, who had already been married to a U.S. citizen. The problem was that the Dominican immigrant had been in the U.S. for many years and had traveled to the Dominican Republic after being illegally in the U.S. The purpose of his travel to the Dominican Republic was to bring his son to the U.S. whom had a heart defect.  He returned to Santo Domingo after years of being in an illegal status in the U.S. he applied for and obtained a Tourist Visa to enter the U.S.  He never informed the Consulate that he had been in the U.S. for the past six years illegally. The immigrant was not entitled to re-enter the U.S. due to his previous illegal presence. After evaluating the situation Mr. John Nicelli prepared waivers for Fraud and Illegal presence based on extreme hardship to the immigrants U.S. citizen spouse. Shortly after the interview the application for adjustment of status was approved and the waiver filed was granted.

 

Adjustment of Status/Cancelation of Removal

In the year 1996 a Polish national was represented by an attorney who has since been disbarred. The attorney withdrew the immigrants’ application for suspension of Deportation and told her to accept an order of voluntary departure. Since the immigrant’s daughter was a lawful permanent resident (Green Card holder) the former attorney told the immigrant that she would not have to leave the U.S. and would be able to change her status when her daughter became a U.S. citizen. Of course this was not exactly true because in order for the immigrant to file an application for adjustment of status after the voluntary departure period expired, a motion to reopen proceedings had to be filed. When the voluntary departure period was about to expire the immigrant called her attorney and she was repeatedly advised not to worry and not to do anything. After the voluntary departure period expired she repeatedly tried to contact her attorney and he would not return her calls. After a number of years of living in the U.S. with a final order of deportation the immigrant was able to contact Mr. John A. Nicelli who immediately filed a joint motion to reopen deportation proceedings. After an extended period of time passed the government attorneys refused to join in a motion to reopen proceedings. The immigrant who was now (63) sixty-three years old and living with her daughter and her family was later arrested by Immigration and Customs Enforcement Agents. Mr. John Nicelli then filed a motion with the Immigration Judge based on the gross incompetence of the immigrant’s former attorney. The Immigration Judge reopened the proceedings; the immigrant filed for an adjustment of status and became a Permanent Resident of the U.S.  

 

Labor Certification Application/I-140 Immigrant Visa Petition/ Adjustment of Status

In early 2001, Mr. John Nicelli was contacted by an employer whom he knew for a number of years. The employer wanted to help a homeless man who was living in an abandoned car outside the employer's business. Despite the man's economic situation John A. Nicelli spoke to this man and learned that he had been an auto mechanic for many years in the Caribbean and had lost his job in the U.S. This resulted in him losing his apartment. Eventually his wife left him as did his children because he was unable to provide for them. John A. Nicelli informed the employer that if he was willing to offer the man employment at his Ambulance Company he would be able to eventually become a Permanent Resident. The employer agreed and a Labor Certification Application was filed on the homeless man's behalf as a mechanic. The application was subsequently approved as was the I-140 Immigrant Visa Petition. John A. Nicelli then filed an application for Adjustment of Status. When the homeless man was granted employment authorization the employer hired him full time. He later became a Permanent Resident. The man now works full time for his employer, has his own apartment, has been able to accumulate some savings and has once again become a productive member of society. He is now back with his wife and family and is forever grateful to Mr. John Nicelli who was entrusted in changing his life.

 

Labor Certification Application/I-140 Immigrant Visa Petition

A Mexican immigrant came to Mr. John Nicelli after his employer agreed to file a Labor Certification on his behalf. The problem was that the alien was paid cash and the employer didn't declare a tremendous amount of income. The immigrant and his wife had just lost their (2) year-old child who suffered from a genetic heart defect. Despite the odds, John Nicelli took the case and convinced the employer to put the immigrant on the payroll. By doing this we were able to demonstrate that the employer had the ability to pay the offered wage since the immigrant was being paid the wage while the application for Labor Certification and the I-140 Immigrant Visa Petition were pending. All the applications were eventually approved and the immigrant and his wife became Permanent Residents of the United States.  

 

Adjustment of Status

Adjustment of Status with drastic age difference between the petitioner and the immigrant, Mr. John Nicelli has successfully handled a number of Adjustment of Status applications where the U.S. citizen petitioner was more than (30) years-older than the immigrant. When the U.S. Immigration Authorities receive such a case they generally assume that the marriage may be Fraudulent and often thoroughly investigate for any evidence of fraud. Despite significant age differences every case Mr. John Nicelli has filed, has been approved because we were always able to demonstrate beyond any doubt that the marriage was true and bonafide.