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 At the interview held in the N.Y. district, the application was approved and the order of removal was withdrawn.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)
JOHN NICELLI & ASSOCIATES
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