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Success Stories

Mr. Nicelli has represented a number of clients who attended their Visa appointments in their home countries and were denied Visas due to previous unlawful presence in the U.S., lying to the Consular Office as to their mode of arrival in the U.S., failure to reveal previous arrest, as well as previous Orders of Removal.

I have noted a few of these stories below:

  • In 2017, I represented a native and citizen of Montenegro who entered the U.S. using a Slovanian passport for which she paid nearly ten thousand dollars. For the fee charged she was escorted by a man from Montenegro to Germany and to the U.S. Upon arrival she presented the Slovanian passport with her escort and was admitted into the U.S. pursuant to the Visa waiver program. After entering the U.S., the client eventually married the love of her life and had four U.S. citizen children. After her husband became a U.S. citizen, she sought to correct her immigration status. Her representative told her that they would file the Visa petition as well as a I-601A provisional waiver to be forgiven for unlawful presence. After the petition and waiver were approved the client was told if anyone asked how she arrived in the U.S. to just state through Canada. As instructed the client went to her Visa appointment in Belgrade and upon inquiry told the Counselor Office that she had crossed the border through Canada. Upon further questioning the Counselor officer told her that her Visa was being denied because he did not believe her story. I was retained shortly after the Visa was denied. After considering the entire situation I filed a Visa Waiver application for misrepresentation. When the waiver application was submitted it contained nearly one thousand pages of supporting documents demonstrating the hardship that had already resulted to the applicant's husband and minor children. The waiver was approved and within three weeks of receiving that approval the client arrived in the U.S. as a Permanent Resident. After her arrival the client called and said Mr. Nicelli there are no words that could express my gratitude for all you did for me and my family.
  • In 2015 I was retained by a U.S. citizen whose husband had been deported to Albania. He had been placed in Removal proceedings due to an arrest involving a stolen car. He also had three other minor arrests. After appearing before an Immigration Judge he was ordered removed. An appeal was then filed with the Board of Immigration Appeals who also denied the Appeal. The client then retained a lawyer to represent him in the Second Circuit Court in New York for which he paid ten thousand dollars upfront. This appeal was also denied. Shortly thereafter Immigration and Customs Enforcement Agents appeared at the client's home, took him into custody, detained him for approximately one month and had him removed to Albania. When his wife contacted me, she was extremely distraught at the removal of her husband. I explained to her that we would first have to file a Visa petition. Once the Visa petition was approved, we then filed a waiver for the Order of Removal. Once this waiver was approved, he was then scheduled for a Visa appointment. However, a Visa had to be denied because he needed a second waiver for his criminal past. Mr. Nicelli was able to demonstrate that the crimes all took place when the client was a teenager at a time in his life when he was unduly influenced by some bad people who conspired with him to commit misdeeds. In addition, his wife was about to have a nervous breakdown all of which was documented. After the submission of hundreds of pages of supporting documents, the waiver was approved and the client joined his wife in the U.S. as a Lawful Permanent Resident.
  • 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 applicat... Read On

  • 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 J... Read On

  • Adjustment of Status

    I was sponsored through a job to obtain my green card in January 2001. I had already lived in the U.S. for more than five years. After entering the U.S. through the Mexico/Arizona Border. Having been born in Mexico and living in poverty with no future I left Mexico for a better life in the U.S. U... Read On

  • Adjustment of Status

    In 2019 I retained Mr. Nicelli after entering the U.S. with a Tourist Visa more than thirty years ago. I eventually met a man who I had a tumultuous relationship with and later gave birth to a baby. Unfortunately, the father of my child not only abused me both physically and mentally but later ab... Read On

  • Permanent Residency

    I am an American citizen who was born in the U.S. and married a Polish man who had overstayed his Visa. When we retained our first lawyer my husband told him that he had been arrested in Poland a few years earlier for fighting in a bar. My husband is a big and strong guy who fought to save his li... Read On

  • Permanent Residency

    I entered the U.S. with my two minor children ages four and six after I presented myself to the U.S. Border Patrol at the Texas/Mexico border. At the time I had left my husband who was the father of my two children after his repeated verbal and physical abuse. After I told the Border Inspector my... Read On

  • U.S. Citizenship

    I was born in Brazil and entered the U.S. in 2003 by crossing the U.S./Mexico border near Texas. Shortly after entering I was apprehended by the U.S. Border Patrol, detained, and placed in Removal proceedings. When I consulted with Mr. Nicelli in the year of 2016, I learned that I had been ordere... Read On

  • U.S. Residence

    An Italian Citizen was sponsored through his job in order to obtain his permanent residence. Despite a number of issues concerning the employer, the U.S. depart. of labor approved the labor certification application. Once the labor certification application was approved an I-140 immigrant visa pe... Read On

  • Removal of Conditional Residence

    A female Polish citizen who was also a Canadian citizen came to Mr. Nicelli after her application for removal of conditional residence was denied. She was previously represented by a polish speaking lawyer who had filed an appeal of the decision denying the application for removal of conditional ... Read On

  • Staten Island Academy Student's Mom Saved From Deportation

    STATEN ISLAND, N.Y. – TODT HILL – In a season chock-full of stories with happy endings, a Staten Island mom was saved in the "nick"of time from being deported, thanks in part to caring faculty and staff at Staten Island Academy. Academy parent Marzena Pudelkiewicz was almost deported from the Uni... Read On

  • A 'Hardship'

    When Mrs. Pudeliewicz shared the family's Immigration problems with Academy staffer Annette Fevola, she was referred to Mr.Nicelli, whose daughter, Natalie, is a senior. In order for Mrs. Pudelkiewicz to win the case, Nicelli explained, he had to prove to Immigration Authorities that it would be ... Read On

  • Adjustment of Status

    Mr. John Nicelli represented two clients from Trinidad, both who were sponsored as Religious Workers before April 30,2001., Unfortunately after their petitions were submitted to the U.S. Immigration Authorities by two different Religious Organizations both were withdrawn by the Religious Organiza... Read On

  • 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 inval... Read On

  • Adjustment of Status

    In the summer of 2008 a Mexican National came to John A.Nicelli with a Denial notice of his I-140 Immigrant Visa Petition. After an evaluation of the employers Tax returns, Mr. John Nicelli realized that the employer was a sole proprietor and filed his taxes with U.S.Tax form Schedule C. The empl... Read On

  • Adjustment of Status

    Adjustment of Status with drastic age difference between the petitioner and the immigrant, Mr. John Nicelli has successfully handled a number of Adjustment of Status applications where the U.S. citizen petitioner was more than (30) years-older than the immigrant. When the U.S. Immigration Authori... Read On

  • Adjustment of Status

    In the summer of 2008, a Polish Immigrant came to see Mr. John Nicelli with his twenty year old son.  He showed John Nicelli a decision denying his I-140 Immigrant Visa Petition and a denial of the appeal filed with to the Administrative Appeals office in Washington D.C.  Upon John Nicelli' s rev... Read On

  • Adjustment of Status

    In the spring of 2009 a Dominican immigrant came to Mr.John Nicelli, who had already been married to a U.S. citizen. The problem was that the Dominican immigrant had been in the U.S. for many years and had traveled to the Dominican Republic after being illegally in the U.S. The purpose of his tra... Read On

  • Adjustment of Status / Cancelation of Removal

    In the year 1996 a Polish national was represented by an attorney who has since been disbarred. The attorney withdrew the immigrants' application for suspension of Deportation and told her to accept an order of voluntary departure. Since the immigrant's daughter was a lawful permanent resident (G... Read On

  • Adjustment of Status / Cancellation of Removal

    In January, 2008, an Italian citizen recently married was traveling with his U.S. citizen wife on an Amtrak train from Chicago to New York City.  Although being married to a citizen, the Immigrant had not filed to obtain a Legal Status in the U.S. As a result, he remained illegally in the U.S. af... Read On

  • 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 represent... Read On

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