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Success Stories

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).

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John Nicelli & Associates
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New York, NY 10007