Nicolas Andres Olano’s Answers

Nicolas Andres Olano

Miami Immigration Attorney.

Contributor Level 14
  1. I committed 3rd deg. grand theft as a LPR but was not convicted. I wanted to know will I ever be able to apply for citizenship.

    Answered 6 days ago.

    1. Kara Lien Roberts
    2. Amir A. Ladan
    3. Larry Thomas McMillan
    4. Nicolas Andres Olano
    5. Shahzad Ahmed
    6. ···
    8 attorney answers

    You can apply. Remember that the arrest record will be requested along with the disposition. They need to be certified copies. I would run them by an attorney experienced in removal proceedings and criminal issues in immigration.

    11 lawyers agreed with this answer

  2. Misdemeanor record and Immigration

    Answered 10 months ago.

    1. Nicolas Andres Olano
    2. James Regan
    3. F. J. Capriotti III
    3 attorney answers

    Make sure you have certified copies of your arrest and disposition. You will need them in regards to future immigration applications. Immigration will not see expunging as an attempt to conceal the arrest and conviction as long as you always check "yes"to the questions of whether you have been arrested or convicted for an offense. Good Luck.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I had interview for my citizenship and they asked me to reopen my expunged case ,i livein miami FL. would that be possible

    Answered 8 months ago.

    1. Nicolas Andres Olano
    2. James Regan
    3. Javier E Morales
    4. Anthony Rubino
    5. Charles K. Kenyon Jr.
    5 attorney answers

    You need to reopen your case and get the copies. If you were convicted or adjudication was withed you need to talk to an immigration attorney as soon as possible. The Government uses those same certified copies to sustain any charges in removal (deportation) proceedings.

    9 lawyers agreed with this answer

  4. I had a misdemenor 6 years ago for petit theft. I did community service. 2 years ago I travelled to trinidad for a funeral,

    Answered 11 months ago.

    1. Nicolas Andres Olano
    2. Gintare Grigaite
    3. Alejandro Rivera
    4. J Charles Ferrari
    4 attorney answers

    Petty theft falls under the petty offence exception of the INA as long as: sentence for the crime may not be more than 1 year and incarceration may not be more than six months. Your attorney (not you) needs to look at the statute under which you were convicted to determine your situation. Do NOT travel without talking to a lawyer.

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  5. Can I still apply for citizenship with an expunged record ?

    Answered 7 months ago.

    1. Daniel Joseph Izquierdo
    2. Nicolas Andres Olano
    3. Howard Yale Yelen
    4. Romaine Natalie Brown
    5. Harry N. Konst
    6. ···
    6 attorney answers

    You have to say yes regarding the arrest. I know you were told that with the expungement you did not have to. This is an exception. Get the original arrest and disposition and file it with your application. I woul hire a lawyer.

    7 lawyers agreed with this answer

  6. I overstayed in the US last year on a B2 visa by 24 hours due to a flight time change.

    Answered 11 months ago.

    1. Nicolas Andres Olano
    2. Neil Ian Fleischer
    3. Robert West
    4. J Charles Ferrari
    4 attorney answers

    You should be fine. The only way to find out with certainty is to obtain a copy of your file from Customs and Border Protection. Have all the documents you mentioned with you in case the officer asks for them. Good luck.

    6 lawyers agreed with this answer

  7. Can a Cuban living in UK apply for law of adjustment in US and if so, can a UK spouse come with the Cuban please?

    Answered 7 months ago.

    1. Nicolas Andres Olano
    2. Jeffrey Adam Devore
    3. F. J. Capriotti III
    3 attorney answers

    It depends. If he is coming with a Visa Waiver he may have an issue as to adjusting since there is a bar for becoming a resident if you enter the US in that fashion. There is an exception for those petitioned by an US immidiate relative. If he comes with a tourist visa it would be an issue of intent. As far the Cuban national there is an argument to be made that the person is adjusting under the CAA and is not subject to the bar. Nonetheless be aware that you may be detained without bond...

    Selected as best answer

  8. Is adjudication withheld conviction for Immigration purposes (USCIS)?

    Answered 8 months ago.

    1. Nicolas Andres Olano
    2. Kyndra L. Mulder
    3. Jeffrey N Lisnow
    4. Robert Henry Beer
    4 attorney answers

    Adjudication Withheld is a conviction for immigration purposes. As for your specific case you should not have any issues, but you should gather all arrest reports and dispositions and visit an immigration attorney to review them alongside your immigration documents. This last information is missing in your question and is very important - what is your status in the U.S.

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  9. How does the process of asking for immigration papers for parents of US citizen work? What if one has a deportation order?

    Answered 8 months ago.

    1. Nicolas Andres Olano
    2. Patrice Dayale Dziire
    3. Kyndra L. Mulder
    4. Brian Lee Michael Balaguera
    4 attorney answers

    Your mother needs to reopen her case. The first thing you need to do is petition for her. Then after the petition is approved you need to ask DHS to join in reopening your mother's case. You should hire an attorney experienced in these matters. Good Luck.

    Selected as best answer

  10. I was a victim of abuse and my kids as well. Is it harder for us to get the citizenship now?

    Answered 9 months ago.

    1. Sema Yildirim
    2. Nicolas Andres Olano
    3. Jeffrey Adam Devore
    4. Giacomo Jacques Behar
    4 attorney answers

    It has no effect.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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