Summary
Kelmer Neves was born on September 7, 1976, in Cabo Frio, in the state of Rio de Janeiro, Brazil, and immigrated to the United States in 1999. After receiving a removal order, he began studying immigration law. In 2003, he earned a certificate in Immigration Law from the Washington Online Learning Institute and, in 2005, an Associate of Science in Paralegal Studies from Ashworth College. His case, Neves v. Holder, reached the U.S. Supreme Court, which in 2010 vacated the lower court's ruling and remanded the case to the court of appeals for further consideration in light of Kucana v. Holder. On remand, the First Circuit held that federal courts may review decisions denying equitable tolling in motions to reopen (Neves v. Holder, 613 F.3d 30, 1st Cir. 2010). In 2014, after 15 years of litigation, he obtained permanent residence (a Green Card). In 2016, he graduated cum laude with a Bachelor of Science (B.S.) from New York University's School of Professional Studies. In 2019, he became a U.S. citizen. In 2020, his story was told in the documentary Kelmer Neves: Impossible Is an Opinion, directed by Tiago Lopes. In December 2022, the book Impossível é uma opinião was published by Autografia. Today, Kelmer is the founder and CEO of Nationwide Immigration LLC, speaks English, Portuguese and Spanish, and helps immigrants in the United States.
Timeline
- 1976Born in Cabo Frio
- 1996Electrotechnical Technician (ETFC)
- 1999Moves to South Yarmouth, MA
- 2003Certificate in Immigration Law
- 2005Associate of Science in Paralegal Studies
- 2010Decision in Neves v. Holder
- 2013The case is reopened
- 2014Green Card
- 2016Bachelor's degree, NYU
- 2019U.S. citizenship
- 2020Documentary
- Dec. 2022Book
- 2025Talks at OAB-RJ
Early life and education
Born in Cabo Frio, in the state of Rio de Janeiro, Brazil, Kelmer Neves finished high school in 1993 and graduated in Electrotechnics from the Escola Técnica Federal de Campos in 1996. In 1999, he moved to the United States and settled in South Yarmouth, in the Cape Cod region of Massachusetts. Seeking academic and professional growth in the legal field, he earned a certificate in Immigration Law from the Washington Online Learning Institute in 2003. In 2005, he completed an Associate of Science in Paralegal Studies at Ashworth College. In 2007, he began his bachelor's studies at Columbia University and later transferred to New York University (NYU), where he earned a Bachelor of Science in International Business and Global Management, cum laude. He later pursued law studies at the University of California, Davis.
The Neves v. Holder case
Summary. Kelmer Neves spent 15 years in a legal battle that reached the United States Supreme Court. His case, Neves v. Holder (1st Cir. 2010), addressed when federal courts can review denials of motions to reopen deportation proceedings.
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1999–2001
Arrival and the immigration case
Kelmer arrived in the United States in 1999 on a temporary visa. A few months later, he hired an immigration attorney to apply for a change of his immigration status. The application was denied and, on December 2, 1999, the Immigration and Naturalization Service (INS) began removal proceedings against him. On November 1, 2000, an immigration judge issued a removal order. The attorney had listed a post office box as the mailing address, but stopped checking it when he fled amid a criminal prosecution in Massachusetts. Since no contact could be made, the Board of Immigration Appeals (BIA) considered the appeal abandoned and dismissed it on September 25, 2001.
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2001–2002
The appeal filed
The unlicensed representative filed an appeal with the Board of Immigration Appeals (BIA), but listed as the mailing address a post office box that he stopped checking when he fled amid a criminal prosecution in Massachusetts. According to Kelmer, the representative was later arrested by the FBI in Florida. U.S. Department of Justice press releases state that he was arrested on June 24, 2003 and, on May 25, 2004, pleaded guilty to all 54 counts related to mail fraud, false statements to a federal agency and false claims against the government. He was sentenced to 30 months in prison. In June 2001, Kelmer hired another attorney, who did not formally enter an appearance in the case until April 2002. By then, on September 25, 2001, the BIA had already considered the appeal abandoned and dismissed the case after failing to reach Kelmer.
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2003
First motion to reopen
On August 21, 2003, represented by another attorney, Kelmer filed a motion with the Board of Immigration Appeals (BIA) to reopen his case. Because the motion was filed after the legal deadline, he attributed the delay to the inadequate assistance of the attorneys who had previously represented him. On December 3, 2003, the BIA denied the motion as untimely and rejected equitable tolling.
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2006
Second motion to reopen
On June 30, 2006, represented by a new attorney, Kelmer filed another motion to reopen the case, this time seeking adjustment of status under section 245(i) of the U.S. Immigration and Nationality Act. He argued that the inadequate assistance of the attorney who handled the first motion justified equitable tolling. On December 14, 2006, the Board of Immigration Appeals (BIA) denied the motion as untimely and in excess of the number of motions to reopen allowed. Kelmer appealed the decision to the U.S. Court of Appeals for the First Circuit.
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2009
The First Circuit finds it lacks jurisdiction
On June 4, 2009, the U.S. Court of Appeals for the First Circuit denied the petition for review, concluding that it lacked jurisdiction to examine the BIA's finding that Kelmer had not shown due diligence, or to review the decision not to reopen the case on its own authority (sua sponte). The decision was issued in Da Silva Neves v. Holder, 568 F.3d 41.
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2010
The Supreme Court
Kelmer petitioned the U.S. Supreme Court (No. 09-650). While the petition was pending, the Court decided Kucana v. Holder (2010). In light of that precedent, the government dropped its argument that the courts lacked jurisdiction over the issue and recommended that the Supreme Court grant the petition, vacate the First Circuit's decision and send the case back for further review. On May 17, 2010, the Supreme Court granted review (certiorari), vacated the First Circuit's decision and remanded the case for further consideration in light of Kucana v. Holder.
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2013
The case is reopened
In 2013, a new joint motion to reopen the proceedings was filed with the Board of Immigration Appeals (BIA), in agreement with the attorney representing the government. The BIA granted the motion and sent the case back to the immigration judge for further review. By then, Kelmer had already obtained approval of his I-140 petition, for employment-based immigration, and had filed his I-485 application for adjustment of status to lawful permanent resident.
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2014
Permanent residence
In 2014, a motion to terminate the removal proceedings was filed and granted. The immigration judge terminated the proceedings and revoked the removal order. Kelmer was then called by USCIS for an interview on his Form I-485, the application for adjustment of status to permanent resident. After the application was approved, on May 13, 2014, Kelmer obtained lawful permanent residence in the United States, becoming a Green Card holder.
Career
Kelmer is the founder and CEO of Nationwide Immigration LLC, a law firm specializing in immigration, headquartered in Washington, D.C. In 2025, he gave a series of talks at chapters of the Brazilian Bar Association (OAB) in the state of Rio de Janeiro on immigration to the United States and on the requirements and procedures for Brazilian lawyers to obtain authorization to practice law in the country.
Documentary
Kelmer's story is told in the documentary Kelmer Neves: Impossible Is an Opinion, directed by Tiago Lopes. Released in November 2020 in Brazil and the United States, the film features testimonies from people connected to the case, including one of the lawyers who worked on it. The release was the subject of a Globo Internacional program. Kelmer was also interviewed by Globo Notícia Américas. The documentary received three international awards: Best Inspirational Film at the Paris Film Festival, in December 2020; Best Feature Documentary at the Best Istanbul Film Festival, also in December 2020; and Best Feature Documentary at the New Jersey Film Awards, in June 2021.
EN
ESBook
In December 2022, the book Impossível é uma opinião: até onde você iria por um sonho que todos dizem ser impossível? (Portuguese for "Impossible Is an Opinion: How Far Would You Go for a Dream Everyone Says Is Impossible?") was released by Autografia (ISBN 978-8551849590), about Kelmer's story.
Interview
In the press
Headlines are shown as originally published by each outlet.
Online
- Kelmer Neves leva série de palestras às OABs do RJ e revela caminhos para se legalizar nos EUA e advogar com a OAB brasileira
- Kelmer Neves: o brasileiro que venceu sistema dos EUA e hoje ajuda imigrantes em meio às políticas migratórias de Trump
- Da deportação à cidadania: conheça o brasileiro que lutou por 15 anos e mudou a lei de imigração dos EUA
- Documentário aborda luta de 15 anos travada por um brasileiro pela legalização nos EUA
Cited by outlet, date and page.
Clippings and covers
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I Can Mag USA, edition #4, cover (February 2025)
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A Semana, edition #684, front page (September 22–28, 2017)
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A Semana, edition #684, p. 8 (September 22–28, 2017)
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Revista Exato, cover (November 2020)
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Brazilian Times, front page (November 27, 2020)
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Brazilian Times, p. 21 (November 27, 2020)
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Brazilian Times, p. 24 (December 2, 2020)
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Portal R+, article by journalist Thaís Partamian Victorello, pp. 16–17
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Coluna Conexão Brasil/USA, "Documentário americano sobre brasileiro é premiado em Paris"
Awards and certificates
Academic credentials
- 2016Bachelor of Science in International Business and Global Management, cum laudeNew York University, School of Professional Studies
- 2005Associate of Science in Paralegal StudiesAshworth College
- 2003Certificate in Immigration LawWashington Online Learning Institute
- 1996Electrotechnical TechnicianEscola Técnica Federal de Campos
Awards
Kelmer received awards and a certificate of recognition from the Portuguese Brazilian Awards, in 2019, and a certificate of notability from the Notable Brazilian Awards, in 2023.
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Certificate of Recognition, Portuguese Brazilian Awards, for dedication to community service (New York, July 9, 2019)
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Certificate of Notability, Notable Brazilian Award/USA/2022, Silver category. Ceremony held in New York on September 2, 2023
Certificates and diplomas
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Bachelor of Science diploma, New York University, School of Professional Studies (2016)
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Founders Day Award, New York University (April 21, 2016)
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Associate of Science in Paralegal Studies, Ashworth College (November 17, 2005)
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Certificate in Immigration Law, Washington Online Learning Institute (2003)
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Electrotechnical Technician diploma, Escola Técnica Federal de Campos, course completed in 1996 (issued October 5, 1997)
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Paris Film Festival, winner of the Best Inspirational Film category, "Kelmer Neves: Impossible Is an Opinion", directed by Tiago Lopes (December 7, 2020)
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Best Feature Documentary certificate, Best Istanbul Film Festival, awarded to director Tiago Lopes (December 28, 2020)
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New Jersey Film Awards, list of winners for June 2021
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Talk "Imigração nos EUA: direitos e desafios", Immigration Studies Laboratory (LABIMI), IFCH/UERJ (September 20, 2023)
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Certificate of participation, OAB/RJ, 55th Subsection (Méier), talk "Como Imigrar e Advogar nos EUA" (June 27, 2023)
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Certificate, OAB/RJ, 62nd Subsection (Iguaba Grande), talk "Como se Legalizar nos EUA e Advogar com sua OAB" (July 22, 2025)
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Certificate, OAB, 61st Subsection (Armação dos Búzios), talk "Como se legalizar nos EUA e advogar com sua OAB" (July 24, 2025)
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Certificate, Instituto Brasileiro de Pesquisa e Estudo Jurídico (IBRAPEJ), speaker at "Como advogar nos EUA" (July 29, 2025)
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Certificate of thanks, OAB/RJ, 30th Subsection (Santa Cruz), talk "Como se legalizar nos EUA e advogar com sua OAB" (July 31, 2025)
