New York Immigration Attorney
The immigration and citizenship laws of the United States are extremely hard to understand, and their application is often changed due to continuous policy changes. Courts have defined immigration laws as “a labyrinth almost as impenetrable as the Internal Revenue Code”.
I am one of the few Immigration Lawyers in New York City with direct experience with the immigration process. After graduating from law school in Rome, Italy, I moved to the United States, where I earned an American Juris Doctor degree. After my student Visa, I changed my immigration status to an E-2 Treaty Investor, based on the investment made on my law office. Later, I became a Lawful Permanent Resident, and now I am a proud American citizen.
I have offices in New York City and New Jersey. I handle immigration matters, at all levels, such as Visa petitions, Green Card and U.S. citizenship applications, deportation defense involving complex criminal immigration matters, and Federal Appeals. I am admitted in the State of New York, New Jersey, Texas and Missouri, including the U.S. District Courts for the Eastern and Southern District of New York, the District of New Jersey, the District of Connecticut and the District of Columbia. I am also admitted—and have represented clients—before the U.S. Court of Appeals for the First, Second, and Third Circuit. Finally, I have also been admitted to practice before the U.S. Supreme Court.
From 2015 to 2025, I have been included to the “Super Lawyers” magazine. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selection is made using a patented multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.
Temporary Visas and Green Card
It has become increasingly difficult over the past few years to obtain a work Visa or lawful permanent residence. I represent multi-million dollar Companies with corporate and employment Visas for their executives and specialized employees. I also assist entrepreneurs make substantial investments in the United States for the purpose of obtaining non-immigrant business Visas and permanent residency.
Corporate solutions
I offer corporate clients a variety of services to meet the needs of a global workforce. Services include:
- Preparation and filing of nonimmigrant and immigrant petitions;
- Immigration policy guidance and program support;
- Planning and advising on corporate immigration programs and case strategies;
- Counseling and audits on compliance issues including Form I-9 compliance, and H-1B Labor Condition Application documentation;
- Representation at interviews and hearings.
My approach is to provide clients with comprehensive yet flexible representation that streamline processing and reduce turnaround times. Through customized service and technology, I process non-immigrant and permanent resident cases in a highly organized, efficient manner while ensuring maximum access to information.
Family-based immigration
In the past 12 years, I have handled hundreds of family-based immigrant Visas, including waivers and marriage fraud defense.
U.S. Citizenship
Lately, many applications for U.S. Citizenship have been subject to heightened background checks, which can result in years of delays, in some cases. Thus, obtaining competent counsel from an experienced immigration attorney is now more important than ever.
Deportation defense
I also provide aggressive representation for undocumented immigrants that are subject to removal proceedings, and are detained with or without a bond by the Immigration & Customs Enforcement (ICE) agency. I have experience defending immigrants convicted of drug crimes, theft, and other fraud offenses.
Criminal Immigration
I have experience with criminal defense of citizens and non-citizens. I have represented individuals charged with violent crimes, drug offenses, theft offenses, and Federal immigration crimes. Last July, 2017, I represented an alleged cybercriminal in the first “click fraud” trial in the United States, obtaining a not guilty verdict on all felony charges.
In other instances, I was retained to advise criminal defense lawyers of the immigration consequences of a criminal conviction and to negotiate guilty pleas that do not carry such consequences.
Litigation and Appeals
I have substantial experience with immigration litigation and appeals. I handled dozens of Federal lawsuit against denials of both immigrant and non-immigrant Visa petitions on behalf of corporate and private clients. I am often retained to file petitions for a Writ of Mandamus against unreasonable delays by the USCIS. In addition, I filed numerous petitions for a Writ of Habeas Corpus and Coram Nobis in both District Courts and Federal Courts of Appeals.
Why should you hire me?
In working on your case as your immigration attorney, I will spend the necessary time and attention to prepare your Visa petition or any defense available in your deportation case. I am not afraid to litigate cases against the government.
One client recently said: “Unlike many many other mediocre lawyers that only know how to file papers, go through regular process and still charge you lots of money, Mr. Bertollini is the one true expert that knows how to fight against your case in every single detail.”
My first priority is to help you accomplish the best result possible in your case. As a former immigrant with direct experience with the immigration system, I sincerely understand how important your immigration issue is to you, your family, and your future. If you would like a complimentary assessment of your case, please fill out a case evaluation form with as much information as possible or send me a message through WhatsApp. For more in-depth discussions about your matter, I am also available for paid phone of office consultations.
Contact a New York Immigration Attorney
Areas of Practice
Our Areas of Practice
Learn about the cases we handle most frequently.
U.S. Citizenship
Becoming a U.S. citizen is a significant milestone that grants individuals numerous rights and responsibilities. U.S. citizenship offers security, opportunities, and a voice in the country’s democratic process. Whether by birth or through naturalization, citizens are an essential part of the nation’s fabric.
Benefits of U.S. Citizenship
U.S. citizens enjoy several privileges, including:
- The right to vote in federal, state, and local elections.
- A U.S. passport, which allows visa-free or visa-on-arrival travel to many countries.
- Protection from deportation, ensuring permanent residency in the U.S.
- Eligibility for federal jobs and government benefits available only to citizens.
- The ability to petition for family members to immigrate to the U.S. more quickly than permanent residents.
Responsibilities of U.S. Citizens
With these benefits come responsibilities, such as:
- Upholding the U.S. Constitution and obeying laws.
- Serving on a jury when called.
- Paying taxes honestly and on time.
- Defending the country if necessary.
The Path to U.S. Citizenship
For immigrants, the most common way to become a U.S. citizen is through naturalization, a process that requires:
- Holding a Green Card (permanent residency) for a specific period, usually 5 years (or 3 years if married to a U.S. citizen).
- Meeting physical presence and continuous residence requirements.
- Demonstrating good moral character.
- Passing a civics and English language test.
- Taking the Oath of Allegiance to officially become a U.S. citizen.
Conclusion
U.S. citizenship is a gateway to new opportunities and a deeper connection to the country. If you’re considering applying for citizenship, understanding the process and requirements is essential. Contact an immigration professional for guidance to ensure a smooth and successful journey to becoming an American citizen.
Family-based Immigration
Family reunification is a cornerstone of U.S. immigration law. Through family-based immigration, U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members to obtain lawful status in the United States.
Who Can Apply?
Family-based immigration is divided into two main categories:
Immediate Relatives: These are the closest family members of U.S. citizens, and they have no annual visa limits. Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the sponsor is at least 21 years old)
Family Preference Categories: These visas have annual limits and are available for:
- Unmarried sons and daughters (21 or older) of U.S. citizens
- Spouses and unmarried children (under 21) of lawful permanent residents
- Unmarried sons and daughters (21 or older) of lawful permanent residents
- Married sons and daughters of U.S. citizens
- Siblings of U.S. citizens (if the sponsor is at least 21 years old)
The Immigration Process
The process for family-based immigration typically involves the following steps:
- Filing a Petition: The U.S. citizen or green card holder must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
- Waiting for Visa Availability: For family preference categories, applicants must wait until a visa becomes available based on the Visa Bulletin.
- Adjustment of Status or Consular Processing:
- If the beneficiary is already in the U.S., they may apply for adjustment of status (Form I-485).
- If they are abroad, they must go through consular processing at a U.S. embassy or consulate.
- Attending the Interview: Applicants must complete an interview to demonstrate their eligibility.
- Receiving the Green Card: If approved, the family member receives lawful permanent residence.
Why Choose Family-Based Immigration?
- It allows families to reunite and build a future together in the U.S.
- Certain immediate relatives have faster processing times.
- It provides a path to permanent residency and eventually U.S. citizenship.
How We Can Help
Navigating the immigration process can be complex. Our team is here to guide you through every step, ensuring your family has the best chance of success. Contact us today for expert assistance with your family-based immigration case.
Habeas Corpus
The Habeas Corpus petition is a fundamental legal remedy in the United States that protects individuals from unlawful detention. This legal action allows individuals, including immigrants, to challenge their detention in federal court when they believe their rights have been violated.
What Is Habeas Corpus?
Habeas Corpus is a Latin term meaning "you shall have the body." It is a constitutional right that prevents the government from detaining individuals arbitrarily. If a person is held in custody without due process or legal justification, they (or their attorney) can file a Habeas Corpus petition to demand a court review of their detention.
Habeas Corpus in Immigration Cases
In the context of immigration, a Habeas Corpus petition can be used when:
- An immigrant is being unlawfully detained by Immigration and Customs Enforcement (ICE).
- There are unreasonable delays in immigration proceedings.
- The government has wrongfully denied an individual's right to bond or parole.
- A final deportation order leads to unlawful detention.
Filing a Habeas Corpus petition can be a powerful tool to challenge prolonged or unjustified immigration detention. However, it is a complex legal process that requires strong legal arguments and supporting evidence.
How to File a Habeas Corpus Petition
To file a Habeas Corpus petition, the detained individual or their legal representative must submit a request to a federal court. The petition must outline:
- The facts surrounding the detention.
- The legal basis for the challenge.
- The relief sought (such as release from detention or a hearing before a judge).
Federal courts review these petitions to determine whether the detention violates constitutional rights or federal laws.
Why Legal Assistance Is Essential
Navigating Habeas Corpus petitions in immigration cases requires expertise in both immigration and constitutional law. Having an experienced immigration attorney can significantly increase the chances of a successful outcome. If you or a loved one is facing unlawful detention, seeking legal counsel as soon as possible is crucial.
Contact Us for Assistance
If you or someone you know is detained and needs legal help, our experienced immigration attorneys are here to guide you through the Habeas Corpus process. Contact us today to protect your rights and seek justice.
Vawa Cases
Understanding VAWA Cases: Protection for Victims of Abuse
The Violence Against Women Act (VAWA) provides crucial protection for immigrant victims of domestic violence, abuse, or extreme cruelty committed by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. This law allows victims to self-petition for legal status without relying on their abuser, offering a path to safety and independence.
Who Qualifies for VAWA?
VAWA is available to individuals who meet the following criteria:
Spouses of U.S. citizens or LPRs who have suffered abuse.
Children (under 21 and unmarried) of abusive U.S. citizens or LPRs.
Parents of abusive U.S. citizen children (over 21 years old).
Benefits of VAWA
Those approved under VAWA can receive:
Work authorization (Employment Authorization Document - EAD).
Legal status and potential pathway to a Green Card.
Protection from deportation and the ability to live independently.
Access to public benefits in some states.
The VAWA Petition Process
Victims can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) without their abuser’s knowledge. Evidence such as police reports, medical records, witness statements, and proof of good moral character is crucial for a successful application.
Confidentiality and Safety
The U.S. government takes strict confidentiality measures to protect applicants. Abusers are not notified of the petition, ensuring that victims can seek protection without fear of retaliation.
If you or someone you know is experiencing abuse and may qualify for VAWA, it is crucial to seek legal assistance. An experienced immigration attorney can guide you through the process and help secure the protection you deserve.
For more information and support, contact our office today.
Business Visas
Expanding your business opportunities in the United States requires the right visa. Whether you are an entrepreneur, investor, or executive, choosing the correct business visa is essential for legal entry and long-term success.
Types of Business Visas
B-1 Visa (Business Visitor Visa)
The B-1 visa allows short-term business travel to the U.S. for meetings, conferences, negotiations, or exploring investment opportunities. It does not permit employment or long-term business operations.E-1 & E-2 Visas (Treaty Trader & Investor Visas)
- E-1 Visa: For individuals and companies involved in substantial trade between the U.S. and their home country.
- E-2 Visa: Designed for investors who make a significant financial investment in a U.S. business.
L-1 Visa (Intracompany Transferee Visa)
The L-1 visa is for multinational companies transferring executives, managers, or specialized employees to a U.S. office. This is a popular option for businesses expanding to the U.S.EB-5 Immigrant Investor Program
The EB-5 visa provides a path to a Green Card for foreign investors who invest at least $800,000 in a qualifying U.S. business and create at least 10 jobs for American workers.O-1 Visa (Extraordinary Ability in Business)
If you are a business leader with extraordinary achievements in your field, the O-1 visa may allow you to live and work in the U.S. based on your professional excellence.
How We Can Help
Navigating U.S. immigration laws can be complex. Our expert team provides personalized legal guidance to help you choose the right visa, prepare your application, and ensure compliance with immigration regulations.
Contact us today to schedule a consultation and start your U.S. business journey!
Writ of Mandamus
A Writ of Mandamus is a legal action filed in federal court to compel a government agency to perform a duty it is legally required to complete. In the context of U.S. immigration, this type of lawsuit is commonly used when an applicant experiences unreasonable delays in the processing of their case by agencies such as U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), or the Executive Office for Immigration Review (EOIR).
When Can a Writ of Mandamus Be Filed?
A Writ of Mandamus is typically used when:
- An immigration application or petition has been pending for an unreasonable period.
- There is no alternative legal remedy available to force the agency to act.
- The delay is causing significant harm to the applicant, such as loss of job opportunities or family separation.
What a Writ of Mandamus Can and Cannot Do
It can force the government to take action on a pending case.
It cannot guarantee a specific decision (approval or denial).
This legal tool does not ask the court to approve the immigration benefit but rather compels the government to make a decision.
Common Cases Where a Writ of Mandamus is Used
- Delayed naturalization applications (N-400)
- Stalled green card processing (I-485, I-130, I-751, etc.)
- Pending visa applications stuck in administrative processing (221(g))
- Unresolved asylum or refugee cases
How Can a Writ of Mandamus Help You?
If your immigration case has been unreasonably delayed, filing a Writ of Mandamus may be the solution to push the government to act. However, it’s essential to consult with an experienced immigration attorney to assess whether this legal action is appropriate for your case.
Testimonials
Mr. Bertollini is truly the best immigration attorney you can find in the east coast, especially if your case has complications. Unlike many many other mediocre lawyers that only know how to file papers, go through regular process and still charge you lots of money, Mr. Bertollini is the one true expert that knows how to fight against your case in every single detail. During all my in-person conversations with him, I can see he knows the US immigration law word by word and know how to put up the best strategy to protect you and help you to win. I had a very complicated background with felony conviction that could easily results in deportation. My immigration profile itself also involved court fights and arguments that could also results in deportation. With his tremendous amount of experience and expertise, I am becoming a US citizen in a month! I sincerely suggest that if you have a complicated case and find yourself hopeless, go talk to Simone and he will change your life.
- Alan
Mr. Bertollini saved my life. Knowing him for only short 5 months, I have not only gained an attorney, but he gained a life long friend in me. I got arrested by FBI, ICE, and Homeland security, and nobody wanted to represent me because of the complexity of my case. Mr. Bertollini not only agreed to provide me legal counsel at the reasonable price, but he managed to get my case dismissed without any repercussions. As I already mentioned, his rate was fair, he was available to me 24/7, and anyone in need of an excellent immigration and criminal lawyer should definitely give Mr. Bertollini a call. I'd also like to use this opportunity and extend my gratitude to Mr. Paul O'Reilly who worked tirelessly with Mr. Bertollini.
- Srdjan
I am working with Simone on a green card. I talked with three attorneys and he was the only one who could see a way through (my H1 eligibility would finish before a green card was possible). The answer was an O1 visa which is covering the gap. The application for this is not trivial and Simone's knowledge of the criteria and how they applied to my skills and experience was absolutely key to the successful outcome (application approved in 2 weeks). Recommended
- Doug
Simone Bertollini is very respectful, responsible, and punctual. He also always answered the phone whenever I called with a situation. Bertollini was able to help me obtain my citizenship after I was denied three times and was threatened to have my green card taken away. I would recommend Bertollini to anyone in need because he will get the job done.
- Jose