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Success Stories

U.S. Residence

An Italian Citizen was sponsored through his job in order to obtain his permanent residence. Despite a number of issues concerning the employer, the U.S. depart. of labor approved the labor certification application. Once the labor certification application was approved an I-140 immigrant visa petition was then filed and approved by the U.S. Citizenship and Immigration services office in Mesquite Texas. The applicant then filed for adjustment of status together with his wife. After attending an interview in New York City their cases were left pending visa availability. A few months later the aliens spouse received her alien card in the mail. However her husband who was the primary applicant did not receive his. Upon further investigation by Mr. Nicelli he learned that the alien card sent to the wife was an error. After some discussions concerning the situation with a U.S.I.C.S. New York district supervisor the U.S.C.I.S. notified the alien of the intention to rescind her residence. However they never asked her to return the alien card. After approximately two years of waiting the husband was rescheduled for an interview and was granted his residence, after explaining what the wife situation was with the examiner, arrangements were made for the wife to turn in her improperly issued alien card so that a new one could be issued based on the fact that her husband had finally become a resident. After returning the alien card, my clients' wife was scheduled for a biometrics appointment (fingerprinting). After approximately one month my client went to the U.S.C.I.S. district office to inquire about her alien card. After making an appearance at the U.S.C.I.S. the representative told the client that according to the computer records her residence was never rescinded and she could not understand why she had to turn in her alien card. As a result the representative stamped my clients passport and informed her she was OK to travel outside the US. My client without my knowledge then purchased tickets and traveled to Europe. While she was away the U.S.C.I.S. called my office to bring in my client for final processing of her alien card. After not being able to locate my client, I learned she was in Europe. My client then returned and was admitted into the U.S. as a permanent resident based on the temporary stamp in the passport that she was a permanent resident. She was scheduled for an interview after her return once again at the U.S.C.I.S. N.Y. district office. At the interview my client and I were told that her residence was being denied due to her fraudulently obtaining a permanent resident stamp in her passport. I immediately protested and convinced the examiner to do nothing until I was able to bring the situation to the attention of the district director. After discussing the situation with the Deputy District Director I learned that it was the U.S.C.I.S. position to deny the application and have an immigration Judge make the final decision. With extensive correspondence and telephone conversations Mr. Nicelli was finally able to convince the authorities that the alien never committed a fraud, never misrepresented any facts and was always truthful in all of her representations at interviews with the immigration authorities. The errors were all made by the U.S.C.I.S. The U.S.C.I.S. never corrected their computers to reflect that the alien's residence had been rescinded; As a result of skillful, professional, and persistent negotiations Mr. Nicelli was able to convince the U.S.C.I.S. to issue the alien her residence. My client is now very happy and is able to continue living a wonderful life as a lawful permanent resident.

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