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Anne Elise Kennedy

Anne Kennedy’s Answers

159 total

  • Overstayed my US visa for over 3 years 15 years ago, never got deported, can I return as a tourist?

    I have a particular situation here, In March of 1997 I travelled to the US as a tourist and lived there almost 3years. I was never arrested, or had any trouble with the law, I was never deported have been thinking i would like to visit some f...

    Anne’s Answer

    If you are Italian, you would normally be able to enter the US as a tourist for 90 days on the Visa Waiver Program (VWP). One of the conditions, however, is that you never previously overstayed. So, you may be better applying for an actual visa. As my colleagues have mentioned, with more than 10 years having passed, you should be eligible for a visa and have sufficient ties to Italy to show you will not overstay.

    You may want to consult with a lawyer to practice for a consular interview if the overstay comes up.

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  • How important are the child's school grades in a custody ruling?

    My daughter has been with a guardian and she is doing very poorly in math and English. She has a 65 average in Math and a 70 average in Language. She has been with this guardian for 14 months. How will this look on the guardian in court?

    Anne’s Answer

    A child's grades can be VERY important in a custody dispute. It is crucial for you to speak with an attorney in person about the facts of your specific case.

    Typically, if a family judge sees that a child has grades below 70 in any class, the judge will be concerned about that. The reason for the low grade is very important. If the child has learning disabilities, the judge will want to make sure that the guardian is taking measures to help the child overcome these learning abilities. If the child is doing poorly in school because of stress at home, the judge may want the child to see a counselor, and the parent or guardian who is being proactive and taking charge will score higher marks in court.

    If you are seeking custody, then you will want to make sure that you (and your lawyer) are investigating whether the guardian is helping the child with extra tutoring or selecting classes that may be better suited to the child or making sure the child is doing the child's homework.

    Another factor that can strongly come into play is how many tardies or absences a child has.

    Please contact a lawyer to go over the facts in your case.

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    Anne’s Answer

    Yes. It can make the process easier.

    With the new reform, if you have no criminal history, you should be eligible for an I-601a waiver. Your green card is a 3 step process and you can do 2 steps (the I 130 and I 601a waiver) in the US. You will have to go to to your home country for the final step, but it should not be more than a 2-3 week trip.

    You diabetes could help if your spouse has to take care of you and care is not good abroad. Hardship to him/her is what the government cares about. You should speak with an attorney because good preparation and presentation is key in a waiver.

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  • Can I lose my non biological daughter, cause her mother doesn't wanna pay child support

    I have a 7 year old non biological daughter. I've known and been in her life since birth. I was granted primary custody for both her and my biological daughter 4years ago. No one know the truth, but a select few. Her mother has never paid child su...

    Anne’s Answer

    No. Based on what you have written, if you are her managing conservator and she lives with you and has for as long as you say, DNA doesn't matter.

    However, you should talk to a lawyer about your case because there may need to be some orders to prevent Mom from hurting the child.

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  • What can i do if my kids adopted parents want to give me custody of my kids but they have already placed the kids in my care

    i have not been contacted by a lawyer or a judge i don't know what to do

    Anne’s Answer

    You need to speak with a lawyer. It is hard to answer without knowing what orders (if any) are out there concerning the children.

    If you are their parents and you have possession, you may not need any orders. If your children were adopted, formally, then you will definitely need to go to court.

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  • Can I face deportation if I get put in jail for not paying child support?

    I am currently helping my ex girlfriend by giving her money weekly. I am keeping my receipts, but I still owe $11,000

    Anne’s Answer

    You need to speak with a lawyer ASAP-- one who does both immigration and family.

    The short answer is: yes, but you have some defenses. If you are held in contempt for non payment of child support, you can be held in jail. If illegal, a detainer goes on you and you are transferred to ICE detention. You also have to realize that failure to pay child support is VERY hard to show good moral
    character, which is often required in immigration.

    Definitely talk to a lawyer before getting too deep into a hole with child support.

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  • Can my son's dad put child support even if im legally married to another person ?

    Im in the process of my divorce i was told that my son's dad won't be able to pursue child support unless im divorced from that other person?

    Anne’s Answer

    If your son's father is the custodial parent, meaning the one who has primary custody then he can seek child support from you regardless of whether you are married to someone else.

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  • What is the best thing to do get married first or apply for the deferred action?

    I was picked up by ICE 06/2014, right now I'm in deportation/removal status. I came to the US when I was 14yrs old, I'm 28 now. I have proof that I was in High School and proof of other things as well for the Deferred Action. I have 3 children wit...

    Anne’s Answer

    Once ICE has hold of you, there isn't much speeding up of the green card process. I would recommend DACA in general since it would be faster and get you a work permit faster. With a good lawyer, you might convince the government to dismiss the deportation case. Talk to a lawyer a ASAP.

    When dealing with deportation, you really need to go through the whole history of a case. Don't trust a notaria unless you want to be deported. Make sure it is a real lawyer.

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  • Immigration executive order

    Does a person with a deportation in 1999 but has been in the country more than 5 years with 2 american citizen children and an american citizen wife qualify for the new program?

    Anne’s Answer

    I agree that we will have to see what the regulations are, but you will have to be careful. Under existing TPS programs, certain crimes automatically revoke status and result in the old order being reinstated.

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