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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.
  • Certificate of Citizenship

    In another recent case a N-600 application was filed by Mr. John Nicelli for a client in order to obtain a certificate of Citizenship.  The applicant who had a felony conviction was previously found by an Immigration Judge to be a U.S. citizen.  At the time of birth, his father was a U.S. citizen... Read On

  • Conditional Residence

    Mr. John A. Nicelli represented a Polish Citizen who was married to a U.S. citizen and lived in a bonafide relationship. The Polish citizen (female) had met her husband in Poland and had attended High School together. Some years later they re-established their relationship and later married. Afte... Read On

  • All 3 Individuals Are Applying for Residence

    Deportation / Bond In January 2011 Mr.John A.Nicelli Esq. represented three (3) Mexican Nationals who live in New Jersey and had driven cross country to Washington State in order to obtain a driver's license. On the return trip back the vehicle was stopped in Grand Forks North Dakota for a traff... Read On

  • Hardship Waiver

    In the year 2008 a citizen of India was arrested in New Jersey for attempting to purchase a U.S. birth certificate in order to obtain a drivers license. At the time this Indian citizen worked in a grocery store and knew the person selling the birth certificate as a customer in the store. After th... Read On

  • I-140 Visa Petition

    Mr. John A. Nicelli Esq., filed an I-140 visa petition for an individual whose labor certification was approved. The position was for a Italian Style cook.   The original petition was denied claiming that the employer did not have sufficient funds to pay the prevailing wage. The founder of the bu... Read On

  • Permanent Residence Was Granted

    I-601 Waiver In 1996 an Indian National was brought to the U.S. by a smuggler who made arrangements for him to fly to the Dominican Republic. After he arrived in the Dominican Republic he boarded a boat that was loaded with other smuggled passengers, which was to sail to Puerto Rico. Once they a... Read On

  • Labor Certification

    Mr. John Nicelli filed a number of Labor certifications for a Marble and Granite Co. The position was that of a Stone Polisher.  The wage for the position was twelve dollars per hour. After submission of the labor certification under Pre-Perm procedures the Department of Labor requested that the ... Read On

  • Labor Certification

    A very interesting case was successfully handled by Mr. John A. Nicelli, involving a Labor Certification filed by a contractor. At the time the labor certification was filed, the position was for that of a secretary. After the labor certification application was certified by the U.S. Department o... Read On

  • The Employee Was Successfully Sponsored

    A labor certification application was filed on behalf of an Irish immigrant who was a civil engineer. He had been offered employment by an employer whose work involves primarily sub terrorism industrial work including tunnel and subway platforms. The employer received thirty four (34) resumes of ... Read On

  • Labor Certification Application / I-140 Immigrant Visa Petition

    A Mexican immigrant came to Mr. John Nicelli after his employer agreed to file a Labor Certification on his behalf. The problem was that the alien was paid cash and the employer didn't declare a tremendous amount of income. The immigrant and his wife had just lost their (2) year-old child who suf... Read On

  • Labor Certification Application / I-140 Immigrant Visa Petition / Adjustment of Status

    In early 2001, Mr. John Nicelli was contacted by an employer whom he knew for a number of years. The employer wanted to help a homeless man who was living in an abandoned car outside the employer's business. Despite the man's economic situation John A. Nicelli spoke to this man and learned that h... Read On

  • The Individual Became a U.S. Citizen

    In 2004 a Mexican National was sponsored by his employer as a maintenance mechanic. Before completion of his Visa processing, the company was sold. Fortunately, Mr.Nicelli was able to convince the new employer to continue with the sponsorship of the employee. Eventually, the man filed for adjustm... Read On

  • Naturalization

    In 2008 a client filed for Naturalization without the assistance of an attorney. In January 2009 he was interviewed concerning his application for Naturalization. At the interview he informed the examiner that he had been arrested in 1967 for a minor charge which was dismissed. The examiner reque... Read On

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