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Success Stories

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 the sale was arranged and payment was made, the person selling the document turned out to be a New Jersey State Policeman working undercover. As a result the individual who had been illegally in the U.S. a few years was arrested and criminally charged. Mr. John A.Nicelli was then retained for services as he was recommended by a previous client. Mr.Nicelli spoke with the criminal lawyer and an agreement was reached to have all the criminal charges dropped provided the individual leaves the U.S. Since the individual had a U.S. citizen fiance it was critical that the individual should not be deported. After some skillful, professional negotiations with the U.S. Immigration and Customs Enforcement (ICE) and gouverment prosecutors Mr.Nicelli was able to request an order of voluntary departure from an Immigration Judge. The alien subsequently left the U.S. on his own accord and reported his physical presence upon arrival at the U.S. Embassy in India. The alien then married his fiancé who later gave birth to their child. Since the mother of the child is a U.S. citizen the child acquired U.S. citizenship at birth. Once all the visa documents were processed the alien could not return to the U.S. due to his period of illegal presence in the U.S. for more than one year. As a result an I-601 waiver application was submitted documenting the extreme hardship to the U.S. citizen spouse. After the visa waiver application was filed it took approximately 13 months and the individual was approved and was allowed to enter the U.S. as a permanent resident to be with his wife and child. The hardship was documented by submitting hundreds of documents in support of the waiver. Once the alien remains in the U.S. as a lawful permanent resident and living in a bonafide marital relationship with his spouse for three years, he will be eligible to apply for U.S. Citizenship.

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