O'Neill, Brian D.

Brian D. O’Neill is a highly experienced attorney in immigration, employment and business law.  After spending over twenty years first as in-house counsel and then general counsel of Curtiss-Wright Corporation—where Mr. Brian D. O’Neill is a highly experienced attorney in immigration, employment and business law.  After spending over twenty years first as in-house counsel and then general counsel of Curtiss-Wright Corporation—where Mr. O’Neill mastered defense procurement law; handled legal matters related to government and commercial contracts; was involved in many employment disputes and  claims, and performed innumerable corporate governance tasks—in 2001 he left corporate life to begin a private practice that combines immigration, employment and business law.

Mr. O’Neill’s immigration practice has been marked by many successes, making him a highly respected immigration advocate both before the Department of Homeland Security and in Immigration Court.   Notably, Mr. O’Neill was the first attorney in the United States to obtain asylum for his client in Immigration Court based on a duress defense, after his client was accused of providing “material support” to a terrorist organization.   He has also obtained asylum grants for numerous gay clients who have faced persecution in their home countries, and relief for many African clients who faced persecution for legitimate political activities in their home countries.

In addition to asylum applications, Mr. O’Neill assists undocumented aliens, TPS holders, green card holders and citizens with many family immigration matters, including “marriage” cases and VAWA “battered spouse” petitions.  

Mr. O’Neill is frequently in immigration court litigating waivers and other defenses to removal (deportation) such as “cancellation of removal” for both permanent residents and eligible undocumented aliens.   He is also very well versed in “immigration consequences of criminal activities” and has achieved notable successes in this field, including work with criminal defense counsel in securing proper plea bargains for aliens who would otherwise be deported.   He is a tenacious advocate for aliens charged with deportability based on prior convictions: in one recent case he secured outright dismissal of a deportation charge against a permanent resident, arguing successfully that an old “child abuse” conviction was neither a “crime of domestic violence” nor a “crime involving moral turpitude” and that his client was entitled to remain a permanent resident.

Last but not least, Mr. O’Neill assists clients seeking to become citizens through naturalization, or in showing that they are already citizens under the law.

In employment law, Mr. O’Neill assists numerous small companies in crafting personnel policies and making discharge decisions.  However, his is equally adept at making successful claims on behalf of employees.   In one “whistle blower” case Mr. O’Neill persuaded the employer to rehire his discharged client, and also to pay him substantial damages.  In another recent “whistle blower” case Mr. O’Neill actually succeeded in compelling the Company to fire his client’s superior, after making a compelling showing that the supervisor had unlawfully retaliated against his client for reporting regulatory problems the Company had.  Mr. O’Neill has also successfully represented female employees in gender discrimination and sexual harassment claims, securing six-figure settlements without protracted litigation.

Finally, Mr. O’Neill remains current and active in general business law, handling LLC operating agreements and business formation questions, commercial landlord-tenant leases, insurance issues, and contract negotiations for a number of steady business clients.