Latest Episode
Coming Up On Top of Tough Immigration Cases
Check out this latest episode of Immigration Insider with John Nicelli detailing some of the more challenging cases he has won over his over 40-year career as an immigration lawyer.
- Experience and Expertise: John Nicelli, an immigration lawyer with over 40 years of experience, discusses his career dedicated exclusively to immigration law.
- Polish Client's Interpol Warrant Case: Nicelli shares the case of a Polish client who fled to the US after a bar brawl conviction and secured his permanent residency despite an Interpol warrant.
- Czech Client's Fraudulent Residency: A Czech client obtained residency through fraudulent means and faced deportation, but Nicelli secured a fraud waiver to retain his permanent residency.
- Brazilian Client's Visa Issues: A Brazilian lawyer overstayed his visas and misrepresented his status, but Nicelli's detailed waiver application secured his permanent residency.
- Unique Work Visa for Polish Engineer: Nicelli creatively linked a Polish engineer's fire safety expertise to a job offer from a swing set manufacturer, securing an H-1B visa and eventual citizenship.
Highlights from John Nicelli’s Career as an Immigration Lawyer
In this episode of "Immigration Insider," host John Nicelli shares real-life specific cases that he has encountered during his career that highlight the challenges, victories, and emotional journeys of his clients.
- Detailed accounts of significant cases that showcase the complexities of immigration law and the profound impact on individuals' lives.
- Strategies and legal advice for navigating the intricate U.S. immigration system.
- The emotional and legal challenges faced by immigrants and how they overcome these obstacles with proper guidance.
- An exploration of the nuances of various immigration cases, including family unity, abuse, and employer sponsorship challenges.
- Practical tips for immigrants and their families on how to handle potential legal issues and achieve their immigration goals.
The Path to Citizenship with John Nicelli
In this episode of Immigration Insider, John Nicelli, a seasoned immigration attorney with over 40 years of experience, sheds light on the intricacies of U.S. citizenship requirements. As the founder of Nicelli Law Offices in Lower Manhattan, Nicelli offers practical advice on navigating naturalization pathways, including insights into residency criteria, language exams, and exemptions.
- Navigating Citizenship Requirements: Nicelli breaks down the key prerequisites for U.S. citizenship, emphasizing age, moral character, and residency criteria, while also addressing specific scenarios like military service and marriage to a U.S. citizen.
- Exam Readiness and Exceptions: He guides listeners on preparing for the citizenship exam, stressing the importance of studying U.S. history and demonstrating basic English proficiency. Nicelli also highlights exemptions for language requirements based on age and residency duration.
- Complex Cases Simplified: Nicelli delves into complex citizenship scenarios, including acquisition and derivation laws, offering clarity on eligibility criteria and application processes.
- Accessible Resources and Support: Nicelli underscores the availability of resources and assistance, ranging from USCIS materials to legal counsel, ensuring individuals receive the guidance needed on their citizenship journey.
Breaking Down Labor Certification (PERM) with Attorney John Nicelli
In this episode of Immigration Insider, attorney John Nicelli, an immigration lawyer with over 42 years of experience, provides an in-depth educational guide on the labor certification process, commonly known as PERM. John breaks down the complex aspects of employment-based immigration, offering listeners essential insights and practical advice.
- Understanding Labor Certification (PERM): Explore the detailed process of labor certification, including the importance of prevailing wage determination and job advertising requirements.
- Recruitment and Advertising: Learn about the mandatory recruitment steps and how to navigate potential challenges during the application process.
- Employment-Based Visa Categories: Gain insight into the various employment-based visa categories, from the first to the fifth preference.
- Navigating Waivers and Bars: Understand how unlawful presence impacts eligibility and what you need to know about waivers.
- Employer Responsibilities: Discover the obligations employers have in sponsoring employees and how they can effectively fulfill them.
Special Visas for North American and Australian Citizens
In this episode of Immigration Insider, John Nicelli discusses special visa opportunities for Mexican, Canadian, and Australian citizens. John emphasizes the necessity of adhering to stringent regulations, such as filing a labor condition application with the U.S. Department of Labor.
- Special Visas for North American and Australian Citizens: John Nicelli delves into lesser-known visa opportunities available for citizens of Canada, Mexico, and Australia.
- Visa Requirements for Canadian Citizens: He goes over detailed criteria for Canadian citizens seeking employment in the United States, emphasizing the necessity of a job offer, specific educational qualifications, and adherence to the Department of Homeland Security regulations.
- Navigating Visa Applications for Mexican Citizens: John Nicelli explains how the process for Mexican citizens varies slightly, necessitating the submission of a nonimmigrant visa application (DS-160) at a U.S. embassy or consulate.
- Visa Opportunities for Australian Citizens: He highlights the advantageous position of Australian citizens, who benefit from broader eligibility for specialty occupation visas, unrestricted to specific professions.
Addressing Asylum Misuse
In this episode of Immigration Insider, John Nicelli, an experienced immigration attorney with over four decades of practice in New York City, discusses the misuse of asylum claims and proposes reforms to address the ongoing border crisis. He sheds light on the financial burden on taxpayers due to accommodating asylum seekers and advocates for bipartisan cooperation and expert consultation to enact effective solutions beyond political agendas.
- Understanding Asylum and Its Misuse: Nicelli clarifies asylum's definition and criteria, emphasizing its basis on fear of persecution.
- The Reality of Border Crisis: He criticizes the misuse of asylum for economic reasons and the lack of proper border screening.
- The Impact of Current Immigration Policies: Nicelli highlights the financial strain on taxpayers and suggests addressing migration's root causes through foreign aid.
- Proposed Solutions to the Immigration Crisis: He advocates for changes in immigration laws to deter frivolous claims and proposes filing asylum applications from the home country via video conferencing.
- The Need for Legal Reforms: Nicelli stresses bipartisan cooperation and expert consultation to enact effective solutions beyond political agendas.
Marriage-based Green Cards
In this episode of Immigration Insider, John Nicelli discusses the process of obtaining a green card through marriage. Nicelli, an experienced immigration attorney based in New York City, emphasizes the significance of documentation and evidence in proving the authenticity of marital relationships for immigration purposes.
- Marriage-Based Green Card Process: Nicelli underscores the need for meticulous documentation to prove the authenticity of the marital relationship when seeking a green card through marriage.
- Documentation and Evidence: Providing a diverse array of joint documents, such as lease agreements, insurance policies, financial records, and photographs, is crucial to establishing a bona fide marriage for immigration purposes.
- Consideration for Abusive Relationships: Victims of abuse can seek residency independently from the abusive spouse by presenting evidence such as police reports, restraining orders, or psychological treatment records.
- Challenges for Spouses Overseas: Spouses residing outside the United States must demonstrate the authenticity and longevity of the relationship through evidence of visits, communication, and financial support.
- Legal Consequences of Fraudulent Marriages: Engaging in fraudulent marriages for immigration purposes can result in severe penalties, including lifetime bars from obtaining residency, hefty fines, and potential imprisonment.
Insights with John Nicelli: Parole In Place
In this episode of Immigration Insider, John Nicelli discusses the Parole In Place program, providing a legal pathway for military family members who entered the US illegally. With over 40 years of experience, Nicelli is the founder of John Nicelli & Associates in New York. He outlines eligibility criteria, the application process, and highlights the program's benefits, emphasizing the importance of spreading awareness to eligible individuals.
- Parole in Place Program: John Nicelli discusses the Parole In Place program, offering a legal pathway for military family members who entered the US illegally.
- Eligibility Criteria: Nicelli outlines eligibility, emphasizing relationships to current or former military personnel and honorable discharge.
- Application Process: He explains the straightforward process of applying for Parole in Place, involving Form I-131 and proof of familial and military status.
- Benefits: Nicelli highlights benefits including the ability to adjust status, access educational opportunities, and obtain various discounts for military families.
- Promoting Awareness: He stresses the importance of spreading awareness about the program to eligible individuals and encourages seeking assistance if needed.
Obtaining Residence Through Cancellation of Removal
Welcome to Immigration Insider with your host, attorney, John Nicelli. This podcast is an educational forum on how to deal with complex aspects of immigration and pitfalls to avoid.
- Understanding Removal Proceedings
- Exploring Solutions: Non Lawful Permanent Residence Cancellation of Removal
- Eligibility Criteria for Cancellation of Removal
- Understanding the Importance of Continuous Physical Presence
- Impact of Border Stops on Eligibility
- Good Moral Character: A Key Requirement
- Demonstrating Extreme and Unusual Hardship
- The Importance of Comprehensive Documentation
Have any questions or want a consultation?
The Immigration Insider podcast is an educational forum on how to deal with complex aspects of immigration and pitfalls to avoid.
Connect and learn more from your host, John Nicelli:
Email: john@johnnicelli.com
Phone: 212-227-8020
Website: https://www.
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John A. Nicelli is a highly experienced immigration attorney and the founder of the Law Office of John A. Nicelli in New York, New York. With a strong focus on immigration law, his law firm serves clients in the Greater New York City area, providing comprehensive legal assistance in various immigration matters. With over thirty years of experience, Mr. Nicelli has built an impressive track record in helping individuals achieve their immigration goals. He takes great pride in reuniting families, assisting clients in obtaining permanent residence, and guiding them through the process of becoming U.S. citizens. He has also represented numerous individuals in deportation and removal proceedings, successfully helping them obtain permanent residency in the United States. Mr. Nicelli’s expertise in immigration law extends to a wide range of areas. He represents employers employers, U.S. citizens, and foreign nationals in all types of immigration-related matters. He possesses in depth knowledge of immigration laws and stays informed about important developments that may have affect his clients’ cases. His practice includes handling immigrant and non-immigrant visa processing within the United States as well as at U.S. embassies and consulates abroad. He has a strong success rate in representing clients before the U.S. Immigration Courts and the U.S. Citizenship and Immigration Services.
Mr. Nicelli earned his Bachelor of Arts from St. John’s University in 1973 and obtained his Juris Doctor (J.D.) from Western State University in 1979. He is an active member of professional organizations such as the American Bar Association and the American Immigration Lawyers Association, demonstrating his commitment to staying current with legal standards and best practices in the field. Mr. Nicelli’s personal heritage underscores his understanding of the importance of immigration and the experiences faced by individuals navigating the immigration process. He approaches each client with honesty, integrity, and respect, striving to achieve positive outcomes on their behalf. His areas of expertise include employment-based immigration, family-based immigration, and immigration litigation. With a meticulous approach to legal solutions, Mr. Nicelli leaves no stone unturned in his efforts to help his clients navigate the complex world of immigration law.