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Success Stories

Cancellation of Removal

In the spring of 2010 a Polish couple came to Mr. John Nicelli after being placed in removal proceedings. The female spouse was sponsored through a job and the husband and wife were awaiting the final review of their applications for adjustment of status. Unfortunately, the couples lawyer informed them that he could obtain permission for them to travel provided they paid him four thousand dollars. After paying the outrageous fee the female applicant obtained advance parole and traveled to Poland. The purpose of the trip was to visit her mom after the tragic death of her brother in an automobile accident. When the applicants appeared for their interview their applications for permanent residence were denied. Because the female applicant who had been sponsored traveled, she was barred for ten years from obtaining her permanent residence. Since she was the primary applicant her husband could not benefit once her case was denied. After discussing their situation, Mr. Nicelli agreed to represent this husband and wife before the Immigration Court. The couple have two U.S. citizen children a seventeen year old and a two year old. The husband owns his own construction business and they always paid their taxes. The female who is thirty nine years old suffers from ulcerative colitis and the male applicant who is forty two years old has a serious heart condition. Mr. Nicelli vigorously represented these individuals and provided the court with sixty nine exhibits each of which verified the extreme and unusual hardship which would result to the U.S. Citizen children of this married couple. After an extensive hearing on the matter before the Immigration Court, The Immigration Judge granted this couple cancellation of removal. They are both now permanent residents of the U.S.  (Dec. 14,2010).

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