Adjustment of Status
I contacted Mr. Nicelli to represent me after I became a Lawful Permanent Resident through my husband and travelled to Poland after obtaining my green card. I had lived in the US since 1988 and had two children born to our marriage. Upon returning from Poland for the third time I was stopped at JFK Airport and placed in Removal proceedings. Fortunately, I was released after about seven hours in the Airport but told I had to see an Immigration Judge. I contacted Mr. Nicelli because I had heard he was a good and honest lawyer who would tell me the truth. The lawyer we used to obtain my green card told me not to mention that I had been arrested on three occasions for shoplifting. He told me that since they had all occurred in the early 90s the Immigration AUthorities would probably never find out about it. Well, that was a lie.
The Immigration Authorities apparently weren't aware of my arrest when I was interviewed for my green card. However, they found out later and they took my green card away. When I went to see the Immigration Judge the government Prosecutor told the Judge that I never legally became a Permanent Resident because I failed to reveal my previous arrest. Fortunately, my daughter was a U.S. citizen and was able to file for a new green card for me. The Judge and Prosecutor agreed that since the amount of value taken during my three arrests only amounted to less than three hundred dollars, my family ties, long term presence in the U.S. and the fact I always paid my taxes they gave me the opportunity to Adjust Status in the U.S. I was so grateful that I now had this opportunity. However, when I went to my interview the U.S. Immigration Examiner would not allow me to Adjust Status claiming the Judge had made an error and had to change her Order. When Mr. Nicelli informed the Judge that her Order needed to be amended, she refused and became very uncooperative. After nearly two years of Mr. NIcelli contacting all parties involved, my case was finally given to a different Judge. I don't know all the legal technicalities involved in my case but I do know that Mr. Nicelli vigorously represented me and appeared numerous times in Court never once wavering and fighting for my rights. He fought for me continuously and eventually we won. I am now a Lawful Permanent Resident and hope to become a U.S. citizen within the coming years. I had many sleepless nights through the process and thanks to Mr. Nicelli for all his good work. He is one of the best in my mind and I will never forget him.
- Malgozata W.