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 residence. Apparently her former lawyer did not know the law since an appeal cannot be filed if an application for conditional residence is denied. The only remedy is to have a hearing before an Immigration Judge once you are placed in removal proceedings. To avoid the client being placed in removal proceedings, Mr. Nicelli filed a new application to remove conditional residence based on the client's bona fide marital relationship. To complicate matters further before the U.S. citizen's husband became ill the client went on a trip to Canada to visit her daughter. When she returned her husband's children had put him in a nursing home where he subsequently died a few months later. In addition to finding her husband had died at the nursing home, the children had changed all the locks at the home where she lived with her husband and had discarded all her clothing, furniture, and personal belongings. The client was left virtually with no proof that she had ever resided with her husband. After a thorough investigation of the situation Mr. Nicelli was able to obtain numerous records verifying that the client had lived with her husband in a bona fide marital relationship. At the interview the Immigration Adjudication Officer approved the application for removal of conditional residence. The client is now a permanent resident of the U.S. and is extremely grateful for the efforts of Mr. John A. Nicelli Esq., made on her behalf.