Ready to Help With All Types of Immigration Cases

Servicing Clients Wherever They Are Located 

Our immigration attorney, John A. Nicelli Esq., comes from an immigrant family and has been a member of the American Immigration Lawyers Association (AILA) for over 30 years he is also an active member of the American Bar Association. Mr. Nicelli previously worked exclusively in deportation/removal defense for a nonprofit organization for several years before starting his firm. This unique blend of experience equips our team at John Nicelli & Associates with the legal tools to help your numerous areas of immigration cases. We have successfully processed thousands of immigrant and nonimmigrant work visas, reversed removal orders for clients poised to be deported, and helped numerous clients obtain green cards through family and employment-based immigration.

We can guide you through each step of your immigration journey, whether that means exploring initial legal means of entering the country or helping you through the naturalization process. We are committed to fighting for clients long-term and will help them face any obstacle that gets in the way of their goals. Our team is also capable of handling cases with all types of complexities. No matter how difficult your situation may seem, we believe we have the means and experience to identify legal solutions that may work for you.

Employment Immigration

Most employment-based green cards require an offer of employment from a qualifying United States employer. However, USCIS only allocates a limited number of work visas per year, with demand sometimes outstripping supply.

Our team can work with you and your sponsoring employer to file Form I-140, the Petition for an Alien Immigrant Worker, which must first be approved by USCIS before you can formally seek a green card. Should you face problems with Form I-140, we can help you and your employer reapply or appeal.

If you have never been to the United States and have not previously violated any U.S. Immigration law, it is possible to be sponsored through employment to enter the United States as a permanent resident. You do not need to be physically present in the United States during the time your case is being processed. 

We are also able to help you with temporary, nonimmigrant work visas of various types. Our attorney is prepared to help you achieve your career goals regardless of the complexity of your case.

Waivers of Inadmissibility

If an immigrant is rendered inadmissible as a result of some offense, they are barred from legally reentering the country, even if they otherwise qualify for legal means of immigration. Waivers of inadmissibility can help immigrants in certain categories overcome these bans and remain in the United States.

Common grounds for inadmissibility include unlawful entry into the country, accumulating too much unlawful presence, criminal convictions, public charge concerns, health and safety concerns, and past deportation orders. However, some types of inadmissibility do not have waivers available.

We can help you pursue many types of waivers of inadmissibility, including:

• Form I-601A, the Waivers of Grounds of Admissibility – this waiver once granted, permits noncitizens to reenter the U.S. through legal immigration avenues after having accumulated unlawful presence in the United States for more than six months.
• Form I-601, the Waivers of Grounds of Admissibility- this waiver is used to be forgiven for past actions some of which may have involved a crime, misrepresentation, unlawful presence, and other issues.
• Form I-212, the Application to Reapply for Admission to the United States – this application formally requests noncitizens be permitted to apply for legal immigration tools after being deported.
• Waivers for Criminal Records – these can be obtained in situations where the noncitizen has been sufficiently rehabilitated and the infractions occurred more than 15 years ago; they can also be issued if the noncitizen's parent, spouse, or fiancé is a U.S. citizen or lawful permanent resident and would endure extreme hardship if the applicant is not readmitted to the U.S.

H-1B Special Work Visas

H-1B is a special, “dual intent” work visa that permits temporary entry into the United States for qualifying employment positions. It can also serve as a path to pursuing more permanent immigration options, including green cards.

In order to qualify, H-1B applicants must have an offer of employment from a U.S. employer for a job that requires a high level of education – usually a Bachelor's degree or higher – or some level of specialized, hands-on knowledge. It is commonly used for computer programming and engineering roles, as well as many other professions.

Citizenship & Naturalization

Becoming a United States citizen entitles you to numerous benefits including the ability to vote in elections.

The naturalization process can be arduous and complex. We can guide you through each step of the process, including assisting in the completion of Form N-400, preparing you for the naturalization interview and exam, and representing you in all communications with USCIS.

Immigration Litigation

If you have received a Notice to Appear (NTA), you are at risk of being removed from the country through removal proceedings. Our founding attorney spent several years exclusively defending clients from deportation and is intimately familiar with the tools that can assist you in your case.

Some of the deportation/removal relief options we can help you explore include:

• Bond Hearings – if you have been detained as a result of your removal proceedings, we may be able to facilitate a bond hearing to get you released; We can work with the authorities to set the lowest bond amount possible in order to reduce any financial hardship.
• Cancellation of Removal – this refers to the act of reversing the attempt to deport you on the grounds established in your Notice to Appear; Generally requires proving you have “good moral character” and can demonstrate extreme and unusual hardship to your qualifying relative who are U.S Citizen or Permanent Residents, spouse, minor children or parents, in the event you are ordered removed from the United States.
• Adjustment of Status – if you have only overstayed your visa past its expiration or otherwise qualify for some form of legal immigration, we can sometimes halt removal proceedings by simply applying to adjust or change your status before the Immigration Court.
• U-Visas – if you have been the victim of domestic abuse, or certain qualifying crimes, this special classification of visa allows you to file for your permanent residence based on your cooperation with law enforcement.
• Asylum – one can be designated an asylee if they have a well-founded fear of persecution in their home country as a result of their belonging to a protected class or identifying factor, like gender, religious beliefs, or race.
• Voluntary Departure – negotiating to depart the country on your own terms, if necessary, can give you more options for legally reentering the country in the future.

Nonimmigrant Visas

If you are only seeking to do temporary business, vacation, or otherwise visit the United States, you will need a nonimmigrant visa. Some nonimmigrant visas nonetheless are “dual intent” visas, meaning they permit you to enter the country with the understanding that you may choose to apply for more permanent immigration options.

Our immigration legal services in Manhattan can assist you with many nonimmigrant visas, including:

• K-1 Fiancé Visa – permits the fiancé or fiancée of a U.S. citizen to travel to the United States to complete a marital ceremony.
• F-1 Student Visa – authorizes students to study full-time at accredited United States learning institutions.
• B-1 Temporary Business Visa – enables the beneficiary the ability to travel to the U.S. and complete business of a limited nature in a set period of time; these visas are often used to facilitate travel for work conferences, the settling of estates, or the completion of important deals.
• B-2 Tourism Visa – allows tourists to travel to the country to vacation or visit friends and family.
• O-1 Extraordinary Ability Visa – authorizes those who can demonstrate “extraordinary” abilities or achievements, and the ability to work in a capacity related to their specialized field.