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Success Stories

Cancellation of Removal

The applicant came to Mr. John A. Nicelli Esq., because his employer promised to sponsor him as an iron worker. After speaking with the employer he assured me that he wanted to help his employee and that he had more than sufficient income to pay the offered wage. Based on the employer's representation we filed a labor certification application with the N.Y.S. dept. of labor. The application filed was approved. As a result we then asked the employer for his tax returns in order to file the immigrant visa petition. Unfortunately, he refused to cooperate and when Mr. Nicelli reminded him of his previous representations concerning his ability to pay the wage, he stated he was unwilling to present his tax returns and really didn't care if the immigrant visa petition were denied. We then filed the immigrant visa petition based on the financial information provided. However, due to the employer's failure to cooperate my client was placed in Removal Proceedings. When he appeared before an Immigration Judge we applied for cancellation of Removal based on the extremes and unusual hardship that would result to his mother, whom was a lawful permanent resident of the U.S. After submitting four hundred and eleven (411) pages of documents in support of the application for cancellation of removal the Immigration Judge granted the application for cancellation of removal and the government attorney did not appeal. As a result my client a citizen of Ecuador is now a permanent resident of the United States.   (Jan. 2011)

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