ONE PRACTICE. ONE FOCUS. ONE PASSION: IMMIGRATION LAW.

Testimonials

``Everyone, and I mean everyone, at Richard's office is nice, professional, and understanding. No calls that are not returned, no e-mails or questions that are unanswered: just exceptional service and everything in the best interests of the client.``- Oksana V.
``Unbelievable level of professionalism my wife and I experienced with Richard Wilner. In the four year process it has taken to get my wife approved for entrance to the US we met all kinds of so called lawyers or immigrations representatives. We were losing hope. Finally we were referred to Richard Wilner and within five months my wife was approved. No one even comes close to the service that this law firm has offered. As people are going through an immigration process they are extremely vulnerable and need representation that cares. This is exactly what you find at this law firm, caring conscientious people that take your matter to heart. They have gone above and beyond to make sure that our questions and concerns were dealt with in a timely manner. I never waited more than 24 hours for a response to any of my questions, 99% of the time though I had a reply within minutes. I would recommend Richard to anyone that I met in the future that needed help with the extremely complicated process of immigration.``- Brian W.
``Me Senti em casa e entre amigos. This is easy. In professional fighting there are not many people I trust but for my immigration paperwork I know everything is ok because of my attorneys Wilner & O'Reilly. If you have immigration problems you should call them because they are the best, I only hire the best.``- Wanderlei Silva, MMA Champion Fighter
``I respect men who know their craft, hone it, study it, live it and become the very best at whatever it is they do. This has served me well in my athletic life and well as in broadcasting. The lawyers of Wilner & O'Reilly are great examples of doing what it takes to become the best, to take the lead. For immigration they are the only choice and I highly recommend them to all my associates.``- Robert ``Robbie`` Earl, Former Premier League, World Cup Soccer Star, Current ESPN Analyst
``Life is filled with blessings and I count among mine the friends I have at Wilner & O'Reilly, the best immigration lawyers! If you need immigration help there is no else you should consider. They make things happen and remember: don't stop believing.``- Arnel Pineda, Lead vocal - Journey
Facing Separation from a Love is Hard — Be It a Person, Business or Country

Bringing people and opportunities together in America is our passion; providing expert legal advice in all aspects of immigration law is our specialty.

Two California State Bar Certified specialists in Immigration Law and a former Immigration Officer at our firm, among many other talented attorneys and case managers contribute to the many client victories at Wilner & O’Reilly.

Bringing people and opportunities together in America is our passion; providing expert legal advice in all aspects of immigration law is our specialty.

Wilner & O’Reilly, APLC is a law firm based in southern California, also with offices in Utah and Idaho, that focuses exclusively on immigration law. Our knowledge and ability is surpassed only by the service that our attorneys and staff provide to our clients. See what our clients are saying about us, and then give us a call to find out how we can help you with your immigration law issues.

CITIZENSHIP/NATURALIZATION

Representative Cases

Immigration Nightmare: Lost Passport, Fraud and a 13 Year Battle

A Nigerian national arrived in the United States using a fraudulent passport. To make matters worse, he subsequently lost the passport, losing all evidence of his entry into the U.S. The client consulted several attorneys before he arrived at Wilner & O’Reilly. We assured him that, while difficult, his case was winnable and we proceeded to spend the next several years fighting for his permanent residency.

We overcame his lost documentation using revolutionary case law permitting lawful entry by a preponderance of the evidence even if there were no proof through documentation. We proved that his entry, though fraudulent, was procedurally lawful. Finally, we overcame the fraud itself through a hardship waiver for inadmissibility. What other attorneys believed was impossible, we accomplished through strategic and consistent application of the law. Thirteen years after entering the United States, the client received his green card.

Infant’s Passport Stamped “Cannot Adjust” at Customs; Creates Brick Wall for Family

At airport customs, the parents of an infant baby from the Philippines were shocked when a Customs Officer arbitrarily told them that their child would never be granted residency in the United States. The officer went so far as to write on the two month old baby’s passport “Cannot Adjust.” Devastated, the parents consulted us to see if this was true.

Former Immigration Customs agent and Founder Kelly O’Reilly informed the clients that there was no legal basis to deny granting the baby lawful status, but that the couple may face an uphill journey because of the actions taken by the officer. After five years of work including naturalization of both parents to United States citizens, and successfully obtaining lawful residence for the baby through consular processing, the baby (now in elementary school) has just recently become a United States Citizen. Now all proud U.S. citizens, the family is living happily with secured immigration status.

Samoan Military Veteran of 25 Years; False Documentation Mars Citizenship Quest

Like many members of the American military, our client served the nation on three separate tours of duty in the Middle East and repeatedly demonstrated courage and vigor in protecting his brothers in arms. After 25 years of service, he sought to become a United States citizen but his application was denied and he told that it would never happen. Part of the challenge was that as a young man, eager to join the military and protect the country he called home, he used false documentation to enter the army. Kelly O’Reilly made it his mission to correct this injustice and fight for a man who fought for the US – and he succeeded. Now the veteran is also a proud American citizen.

‘Dead Care’ Comes to Life

An elderly widow seeking permanent residency had almost given up hope. The fact that her petitioning husband had passed away after only after five months of marriage did not help. Immigration attorney after immigration attorney informed her that nothing could be done about her case. However, Wilner & O’Reilly was able to secure the granting of her application for lawful permanent residency. The key was using the DHS Appropriation Act – a first for the region’s Department of Homeland Security.

EMPLOYERS/INVESTORS/ENTREPRENEURS

Representative Cases

Black Eyed Peas Musician Needs Help on Tour

Allan Pineda aka Apl de Aps is originally from the Philippines. A lawful permanent resident of the United States for years, Aps always had to go to the green card holder line when the rest of his band mates traveled through the U.S. Citizen line…troublesome when you’re on tour the majority of the year.

After interviewing a number of immigration lawyers and being approached by self-proclaimed experts, Apl chose Richard Wilner to represent him.

Wilner was able to arrange for a naturalization interview within a little over four months and then arrange a private naturalization ceremony before the Honorable Dickran Tevrizian of the United States District Court for the Central District of California.

Client Celebrates Receipt of Green Card After Two Years of Uncertainty

The client entered the United States in E-2 status for employment with a daycare center in Florida. That was in March of 2004 before the Florida coast suffered the successive blows of Hurricanes Charley, Frances, Ivan and Jeanne. The cost and struggle of living in a community devastated by storms convinced the client to move to Southern California and file for an H-1B, however the cap for acceptance of applications was reached prior to her filing.

We advised our client to switch her approach from that of “employee” to that of independent contractor and we successfully obtained new E-2 status as a business providing financial management services.

The E-2 status also acted as a “bridge” for the client, allowing her to maintain legal status while filing for labor certification and ultimately her legal permanent resident card. She was able to obtain legal permanent resident status in just over one year counting from the September 2006 filing of her second E-2 to the approval of her Legal Permanent resident status in November 2007.

Filipino Singer, Lani Misalucha, Obtains Lawful Permanent Residency

When it came time for Ms. Misalucha to seek advice on her immigration status she continued the growing trend of high-profile Pinoy entertainers and hired Wilner & O’Reilly to obtain her lawful permanent residency.

As a star of international acclaim, Lani Misalucha qualified for permanent residency by virtue of her extraordinary abilities — as someone who is recognized as having reached the very pinnacle of her profession for the EB-1 category.

Kiwi Rock Climber Sponsored By Major Athletic Footwear Brand Obtains O-1 Visa to Work in the US

Wilner & O’Reilly was successful in proving that a New Zealand rock climber satisfied the requirements for individuals with extraordinary ability in athletics. As a result, the client obtained a three year visa to climb and compete in the United States.

TN Visa Obtained for Executive of Women’s Retail Apparel Brand

When other said it couldn’t be done, Wilner & O’Reilly assisted the president and CEO of a young women’s apparel brand in securing her TN visa to come to the United States and run the company.

Tattoo Artist of Extraordinary Ability Receives Green Card

A gifted tattoo artist with over a decade of experience and a portfolio to match, obtained his green card within three months after Wilner & O’Reilly proved that he was a foreign national of extraordinary ability in the arts.

British National Obtains E-2 Visa to Run an Automotive Repair Shop That He Purchased

Wilner &O’Reilly prepared an E-2 visa application for a British national who purchased an automotive repair shop in Southern California. The U.S. Consulate in London issued the E-2 visa after we proved that the investment was non-marginal, at-risk and actively committed.

Action Sports Retail Distributor gets L-1 Visa To Do Business In The U.S.

Exclusive distributor of major ASR brands in Brazil and elsewhere in South America decided that setting up shop in the U.S. would allow it to obtain the rights to more brands. Wilner & O’Reilly helped this distributor do just that and assisted in tactical development of immigration strategy to obtain L-1 visas for him and his family.

ASYLUM/DEPORTATION DEFENSE

Representative Cases

False Claims and 30 Years of Absence Do Not Prevent Granting of Asylum

Consider the case of a client, absent from his country for more than 30 years and now seeking asylum in the U.S. And, add in the multiple false claims made to having U.S. citizenship and you are looking at a difficult immigration case. However, Wilner & O’Reilly, succeeded in obtaining removal relief for our client in the form of a withholding of removal under the Convention Against Torture for a client who left his native country at the age of 18, then overstayed his B-2 visa, and had numerous claims to US citizenship. Because of his false claims to US citizenship he was barred him from all relief except the specific protection of withholding of removal and relief under the Convention Against Torture. The client is now able to live permanently in the U.S. with his elderly mother.

Changing the Mind of Judge

A long-time lawful permanent resident was placed in proceedings because of a criminal conviction which occurred almost 20 years ago. The client fought his case while detained in Texas, one of the toughest and most conservative federal circuits. Through Wilner & O’Reilly’s lawyers, the client applied for a new green card with a 212(c) waiver, wherein he successfully proved his rehabilitation and extreme and unusual hardship regarding his qualifying relatives. When the judge approved this particular waiver was only the second one to be approved by in his 18 years on the bench.

A Removal Cancelled and a Green Card Retained

It was a victory after a difficult fight for a client who was pursuing his case while detained by Immigration and Customs Enforcement. The client’s problem was a record that was less than stellar and included the types of convictions that are a product of a tragic drug addiction. All crimes were committed in the preceding six years, the most recent one perpetrated the same year he had been apprehended by ICE. Wilner & O’Reilly carefully and successfully navigated the client through his immigration court process with the result that the client was not only allowed to stay in the US where his mother resides but was also allowed to keep his green card.

Successful 237(a)(1)(h) waiver Rescues a Mexican family

A family consisting of five long-term permanent residents was placed in removal proceedings after the government had determined their green cards had been improperly and fraudulently obtained. The underlying issue was the fact that the person who petitioned the family for the green card had been stripped of her U.S. citizenship when her delayed certificate of birth was voided without hearing by the county clerk of the state within which she was born. After years of contentious litigation before the immigration court, the Board of Immigration Appeals, and the Court of Appeals for the Ninth Circuit, spanning some 12 years in total. Wilner & O’Reilly was successful in defending the family’s green cards through the 237(a)(1)(h) waiver. All family members are now proud U.S. citizens. The youngest member of the family has served honorably in the United States Military.

13 Year Immigration Court Struggle Finally Yields Green Cards

In 1992, a husband and wife entered the United States-the husband entered first (under his correct name) while the wife entered several months later under a false name, in part because her previous applications for a tourist visa were denied.

After arriving in the United States, the couple decided to stay. A dishonest immigration practitioner caused an application for political asylum to be filed on the wife’s behalf. The husband was listed on the application. When it was denied, both husband and wife were placed into deportation proceedings.

The couple petitioned the Ninth Circuit for Review because the Board denied their case.

In 1997, the wife had left her previous employer, to start a new job. Given her proven track record of employment, her new employer was willing to sponsor her. And, they did. A new labor certification was filed and approved.

The family came to Partner, Richard Wilner who was able to file the I-140 petition with Citizenship and Immigration Services and get it approved. Wilner also obtained the Office of the Chief Counsel’s — the lawyers for government — consent to file a joint motion to reopen with the Board of Immigration Appeals. The government joined in the motion because Wilner continually obtained immigration service approval to extend his clients voluntary departure deadlines. The Board approved the motion.

In the end, Wilner was able to get his clients’ cases approved by an immigration judge

Because the client entered under a false name, she was in need of a waiver. But, because her case was so old, the laws had changed. Wilner was successfully able to inform the court that although the laws had changed, one thing remained constant: that his clients were eligible for and deserving of long awaited relief. Both the court and counsel for the government agreed and she and her husband were granted lawful permanent residence in the United States.

Contact the lawyers at Wilner & O’Reilly by calling one of our four offices toll free at 800-352-7034 to discuss a work visa or employment-related immigration concern. You may also contact us online to schedule a confidential consultation with our employment-based immigration lawyers, with offices in California, Utah, and Idaho. Our law firm is a trusted name in immigration law.