Adjustment of Status
In the spring of 2010 Mr. Nicelli was contacted by an employer who had a landscaping business. He was very concerned since he did not work for both city and federal agencies located in New York State. In 2000 the employee had sought the help of an attorney who filed a labor certification application. However ten years later the employees still didn't have employment authorization or his residence. The employee had also received notice that his adjustment of status had been denied and he was placed in removal proceedings. Mr. Nicelli learned that the lawyer had disappeared and was subsequently disbarred. Since his office was closed, the file concerning the employee could not be located. Mr. Nicelli then contacted the New York State department of labor, The US Department of Labor, and the United States Citizenship and Immigration services in order to obtain copies of any documents which may have been filed. He also appeared before the Immigration Court in New York City where he obtained additional time to resolve the issues. After significant errors were made it was found that the lawyer had filed three labor certification applications for the employee, two of which had been denied. Once all relevant documents were located Mr. Nicelli was able to get the I-140 immigrant visa approved and later filed for adjustment of status. The removal proceedings were then terminated and the employee was granted his permanent residence.