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 adjustment of status and became a permanent resident. After waiting approximately six years the individual filed for citizenship. At his interview, he was asked if he was previously married and he answered never. The examiner told him that he believed he was lying and denied his application. After receiving the denial notice the individual came back to Mr. Nicelli and asked for his help. A new application was filed and the permanent resident was interviewed in New Jersey. Mr. Nicelli attended the interview and advised the examiner that the individual was never married and never misrepresented anything at any time to the U.S. Immigration Authorities. The examiner then presented a copy of a marriage certificate that was in the file evidencing proof that the individual had been married. Mr. Nicelli then explained that the marriage certificate was phony and had been filed by a con artist who the individual sought help from many years ago in order to obtain legal status. After paying the con artist approximately one thousand dollars ($1000.00) the con artist filed an application for adjustment of status on behalf of the Mexican national without his knowledge. At the time my client spoke no English and was not familiar with U.S. Immigration Laws. The document was altered by the con artist and the Mexican nationals name was placed on it. Mr. Nicelli then obtained verification from the N.Y.C. marriage bureau that no record existed concerning the individual's marriage in New York City. Since the individual never committed fraud, had no knowledge of the marriage registration and never misrepresented anything to any government official, his application was approved. The individual is now a U.S. Citizen.