Criminal Immigration Attorney
Knowledgeable, Award-Winning Counsel
Are you a non-citizen who has been charged with a crime? You need an attorney that understands the immigration consequences of criminal convictions.
When you face serious criminal charges as an immigrant, you are in urgent need of strong and dedicated criminal immigration defense. Criminal defense for non-U.S. citizens require a deep understanding of how criminal State law interacts with Federal immigration laws.
Green Card holders can be deported if they are convicted of certain serious crimes. Also, illegal immigrants must be very cautious when they are charged with a crime, because a conviction for an aggravated felony or a crime involving moral turpitude can be a ban from ever becoming a lawful permanent resident.
In general terms, an “aggravated felony” refers to certain categories of offenses for which at least 1 year of incarceration is imposed. An aggravated felony is a permanent bar of inadmissibility to the U.S., and the most severe ground of deportation of non-citizens. A crime involving moral turpitude (CIMT) is a criminal offense that is intrinsically wrong and morally reprehensible.
Criminal and Immigration trial experience
As a top-rated criminal immigration lawyer, I will do anything possible to get the best possible results for you, whether by negotiating a favorable plea agreement, or represent you in your criminal or deportation case.
I represented dozens of clients in criminal matters, both in State and Federal Courts. Among the others, I have experience with violent crimes, drug cases, derivative citizenship and immigration fraud cases. I also represented numerous non-citizens before immigration Courts, Board of Immigration Appeals, and Federal Courts of Appeals.
Last July, 2017, I represented Fabio Gasperini, an Italian citizen extradited to the United States on charges of Computer Hacking on a worldwide scale.
This was the first ever “click fraud” trial in the United States. If convicted of all the charges of the indictment, Gasperini faced up to 70 years in jail. However, the jury acquitted him of all the felony charges.
I am extremely dedicated at what I do. I have a deep understanding of criminal immigration laws, including the most recent immigration policies. I offer the highest level of advocacy to help you fight your criminal immigration case. My goal is for you to obtain the most favorable result in your matter.
I am admitted to practice in New York and New Jersey, included the U.S. District Courts for the Southern and Eastern District of New York, the District of New Jersey, and the District of Connecticut. I am also admitted, and have represented clients, before the U.S. Court of Appeals for the First, Second, and Third Circuit.
I am proud to say that each year from 2015 to 2025 I was selected to the New Jersey Super Lawyers Magazine list as one of the best immigration lawyers. 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. When you retain me as your criminal immigration attorney, I will work tirelessly on your State or Federal case.
Our Practice Area
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Our Practice Area
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.
Contact us today to discuss your options and take control of your immigration process.
Habeas Corpus
Understanding Habeas Corpus. What is Habeas Corpus?
Habeas Corpus is a fundamental legal principle that protects individuals from unlawful detention or imprisonment. The term, derived from Latin, means "you shall have the body," and it ensures that a person who is detained has the right to challenge the legality of their detention before a court.
The Importance of Habeas Corpus Habeas Corpus is a cornerstone of individual liberty and due process. It prevents authorities from detaining individuals arbitrarily and ensures that anyone held in custody has the right to appear before a judge. If the detention is found to be unlawful, the court can order the person's release.
Habeas Corpus in the United States In the United States, Habeas Corpus is protected under the Constitution. Article I, Section 9, states that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." This provision underscores the importance of this right in safeguarding personal freedom.
Over the years, the Supreme Court has ruled on various cases involving Habeas Corpus, reinforcing its role in ensuring justice. It has been used in cases related to wrongful imprisonment, violations of constitutional rights, and unlawful detentions by law enforcement or immigration authorities.
Habeas Corpus and Immigration Law Habeas Corpus also plays a crucial role in immigration law. Non-citizens detained by immigration authorities may file a Habeas Corpus petition to challenge their detention. This legal remedy allows them to argue that they are being held unlawfully and seek release while their immigration case is being reviewed.
How to File a Habeas Corpus Petition Filing a Habeas Corpus petition involves submitting a formal request to a court, explaining why the detention is unlawful. This process typically requires legal assistance, as it involves presenting legal arguments and evidence. A judge will then review the petition and decide whether to grant a hearing or order the release of the detainee.
Conclusion Habeas Corpus is a fundamental legal safeguard that protects individuals from arbitrary detention. Whether in criminal cases or immigration matters, it ensures that the government cannot deprive a person of their liberty without due process. If you or a loved one is facing detention and believes it to be unlawful, seeking legal counsel to file a Habeas Corpus petition may be a crucial step in securing freedom.
Adjustment of Status
Obtaining a Green Card Without Leaving the U.S.
Adjustment of Status (AOS) is a process that allows eligible individuals to apply for lawful permanent residence (Green Card) while remaining in the United States. This option is available to certain nonimmigrants who meet specific requirements and wish to transition from a temporary visa status to permanent residency without having to return to their home country for consular processing.
Who Is Eligible for Adjustment of Status?
To qualify for Adjustment of Status, an applicant must generally meet the following conditions:
Be physically present in the U.S.
Have entered the country lawfully (with some exceptions, such as under certain humanitarian programs)
Have an immigrant visa immediately available (based on a family or employment-based petition, asylum, or other qualifying categories)
Be admissible to the U.S. under immigration law
Steps to Apply for Adjustment of Status
The process of obtaining a Green Card through AOS involves several key steps:
Determine Eligibility: Ensure that you qualify under a family-sponsored, employment-based, asylum/refugee, or other eligible category.
File Form I-485: Submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation to U.S. Citizenship and Immigration Services (USCIS).
Attend Biometrics Appointment: USCIS will schedule an appointment for fingerprinting and background checks.
Attend the Interview (if required): Some applicants must attend an interview with a USCIS officer to verify eligibility and supporting documents.
Receive a Decision: If approved, the applicant will receive a Green Card in the mail. If denied, USCIS will provide reasons for the decision and possible next steps.
Benefits of Adjustment of Status
No need to leave the U.S. for consular processing
Work authorization: Applicants can apply for a work permit (Employment Authorization Document - EAD) while their case is pending
Travel authorization: Eligible applicants can request advance parole to travel abroad without jeopardizing their application
Pathway to citizenship: Becoming a Green Card holder is the first step toward U.S. citizenship
Potential Challenges
While AOS provides many benefits, there are potential obstacles, including:
Visa backlogs for certain categories
Inadmissibility issues (e.g., prior immigration violations, criminal history)
Long processing times
How We Can Help
Navigating the Adjustment of Status process can be complex. Our team provides expert guidance to ensure that your application is properly prepared, reducing the risk of delays or denials. Contact us today for a consultation to discuss your eligibility and the best path forward for your immigration journey.
For more information or to schedule a consultation, reach out to us today!
Waivers
Understanding Immigration Waivers in the U.S.
Navigating the U.S. immigration system can be complex, especially when certain inadmissibility issues arise. Fortunately, immigration waivers provide a legal pathway for applicants who may otherwise be ineligible for a visa or lawful status.
What is an Immigration Waiver?
An immigration waiver is a legal provision that allows individuals to request forgiveness for specific grounds of inadmissibility, such as unlawful presence, misrepresentation, or certain criminal offenses. If granted, the waiver can remove the barrier preventing entry or adjustment of status in the United States.
Types of Immigration Waivers
Some of the most common waivers include:
- I-601 Waiver – For individuals deemed inadmissible due to unlawful presence, fraud, or certain criminal offenses.
- I-601A Provisional Waiver – Specifically for unlawful presence, allowing applicants to apply before leaving the U.S. to avoid extended separation from family.
- I-212 Waiver – For individuals previously removed or deported who wish to apply for re-entry.
- 212(h) Waiver – For certain criminal grounds of inadmissibility.
- 212(d)(3) Nonimmigrant Waiver – For temporary visa applicants who are otherwise inadmissible.
Who Qualifies for a Waiver?
Eligibility depends on the type of waiver requested and the circumstances of the applicant. In many cases, applicants must prove that denying their entry would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative. The strength of supporting evidence—such as medical records, financial documentation, and personal affidavits—plays a crucial role in the waiver approval process.
How to Apply for a Waiver
The application process varies depending on the type of waiver. Generally, it involves:
- Filing the appropriate form (e.g., Form I-601, I-601A, or I-212).
- Submitting supporting evidence to demonstrate hardship or eligibility.
- Paying the required fees and following USCIS or consular instructions.
- Waiting for a decision, which can take several months depending on the case and processing times.
Why Seek Legal Assistance?
Applying for a waiver is a complex process, and mistakes can lead to delays or denials. Seeking professional legal guidance ensures that the application is properly prepared, increasing the chances of a favorable outcome.
If you need assistance with an immigration waiver, contact us today for a consultation!
Cybercrime Defense
Protecting Your Digital Assets
In today’s interconnected world, cybercrime is a growing threat that affects individuals and businesses alike. Cybercriminals use sophisticated techniques to exploit vulnerabilities, steal sensitive information, and disrupt digital operations. That’s why having a strong cybercrime defense strategy is essential to safeguarding your personal and professional data.
Understanding Cyber Threats
Cyber threats come in various forms, including:
Phishing Attacks: Fraudulent emails or messages designed to trick users into revealing personal information.
Ransomware: Malicious software that locks files or systems until a ransom is paid.
Data Breaches: Unauthorized access to sensitive data, often resulting in identity theft or financial loss.
DDoS Attacks: Distributed Denial of Service attacks that overwhelm a network or website, causing disruptions.
Malware & Spyware: Software designed to infiltrate and damage or monitor a system without the user’s knowledge.
Best Practices for Cybercrime Defense
To protect against cyber threats, consider implementing these best practices:
Use Strong Passwords & Multi-Factor Authentication (MFA): Ensure passwords are complex and unique. MFA adds an extra layer of security.
Keep Software & Systems Updated: Regular updates help patch vulnerabilities that cybercriminals exploit.
Educate Employees & Users: Awareness training helps prevent social engineering attacks.
Install Reliable Security Software: Firewalls, antivirus, and anti-malware solutions help detect and mitigate threats.
Secure Your Network: Use encryption, VPNs, and secure Wi-Fi connections to prevent unauthorized access.
Backup Your Data Regularly: Ensure critical information is backed up in case of cyber incidents.
Monitor and Respond to Threats: Implement cybersecurity monitoring tools to detect suspicious activity and respond promptly.
Why Cybersecurity Matters
Investing in cybercrime defense not only protects your data but also builds trust with customers and partners. With cyber threats evolving daily, staying proactive is the best way to minimize risks and secure your digital presence.
We provide expert cybersecurity solutions to help you defend against cyber threats. Contact us today to learn more about our services and how we can strengthen your cybersecurity strategy.
Immigration Appeals
Fighting for Your Rights
If your immigration application has been denied, don’t lose hope—you may have the right to appeal. Immigration appeals allow you to challenge an unfavorable decision and seek a reconsideration or reversal. Understanding the process is crucial to improving your chances of success.
Who Can File an Immigration Appeal?
You may be eligible to appeal if you have received a denial from:
- U.S. Citizenship and Immigration Services (USCIS)
- Immigration and Customs Enforcement (ICE)
- An immigration judge in removal proceedings
- The Department of State (for visa denials)
Where Are Appeals Filed?
Depending on your case, appeals are usually filed with:
- The Administrative Appeals Office (AAO) for USCIS decisions.
- The Board of Immigration Appeals (BIA) for immigration court rulings.
- Federal courts if necessary.
The Appeal Process
- Notice of Appeal – You must file within the deadline (usually 30 days from the decision).
- Legal Brief & Evidence – Submitting arguments and additional documentation.
- Review & Decision – The appeals body reviews your case and issues a ruling.
- Further Appeals – If denied again, you may escalate your case to higher courts.
Why Work with an Immigration Attorney?
The appeals process is complex, requiring strong legal arguments and a deep understanding of immigration law. An experienced immigration lawyer can help maximize your chances of success by preparing a compelling case on your behalf.
Need Help with Your Immigration Appeal?
If your immigration case has been denied, don’t wait—time is limited to file an appeal. Contact us today for a consultation and let us fight for your immigration rights.
Criminal Defense
Protecting Your Rights and Freedom
When facing criminal charges, having a strong legal defense is crucial to protecting your rights, your future, and your freedom. Our experienced criminal defense attorneys are dedicated to providing aggressive representation and ensuring that you receive a fair trial.
Experienced Legal Representation
We handle a wide range of criminal cases, including but not limited to:
DUI/DWI offenses
Drug-related charges
Assault and violent crimes
Theft and fraud cases
White-collar crimes
Immigration-related offenses
No matter the severity of the charges, we will work tirelessly to build a strong defense and fight for the best possible outcome.
Your Rights Matter
The criminal justice system can be complex and intimidating, but you do not have to face it alone. We are committed to upholding your constitutional rights, including:
The right to remain silent
The right to legal representation
The right to a fair trial
Our legal team will thoroughly investigate your case, challenge any evidence obtained unlawfully, and negotiate with prosecutors to seek reduced charges or case dismissal whenever possible.
Why Choose Us?
Proven Track Record: Successful outcomes in a variety of criminal cases.
Personalized Approach: Every case is unique, and we tailor our defense strategy accordingly.
Aggressive Advocacy: We fight relentlessly to protect your rights and freedom.
If you or a loved one has been accused of a crime, do not wait to seek legal counsel. Contact us today for a confidential consultation and let us help you navigate the legal system with confidence.
Testimonials
My case was a bit special, Computer hacking, so it was a very difficult case for any lawyer because it required advanced computer skills. I had contacted many lawyers, Americans, Italians, and everyone had confused ideas. After I contacted Simone, I had good feeling, I found him very prepared and reassuring and his fee was reasonable.
I risked up to 70 years in prison. Simone saved my life by winning the FIRST CLICK FRAUD TRIAL in the United States.
Before trial he was always present by email to discuss the case, he came to visit me in jail on WEEKENDS, which other lawyers do not do.
It was available 24/7 for me.
He managed to convince the judge to give me access to the discovery with a private computer in a private room inside the detention center; no one has this chance.
During the 2-week trial, he was able to destroy the testimony of more than 10 experts from the US government, Italian authorities, and others. (Beating the government is virtually impossible given the resources they have).
The government had infinite resources and were in 2 prosecutors ,1 FBI SPECIAL agent, another lawyer, and a host of young lawyers .
The judge was in favor of the government, and did not let SIMONE the counter-test of the government witnesses,
With all these injustices he managed to win the TRIAL!
After the closing argument of the prosecutor, I really thought I was going to be found guilty, but after SIMONE delivered his closing, everything changed, the jury seemed to be convinced and nodded. His powerful and loud speech lasted almost 2 hours; it was professional, truthful and very confident.
At the end of the trial the outcome was >>>>> NOT GUILTY of the 5 felony charges.
Now I am writing from my home in Italy, I’m free 
If you have to entrust your life to someone, call SIMONE BERTOLLINI
-Fabio
I had a great experience working with Mr.Bertolini. I was well prepared by him for my interview and all the documentation was completed in entirety. He was always very responsive and supportive throughout the process. I would recommend his guidance for all US visa needs, Green Card applications and much more!
-Alessandro
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