Merlyn Noure Hernandez’s Answers

Merlyn Noure Hernandez

Los Angeles Family Law Attorney.

Contributor Level 17
  1. Question about Immigration Courts

    Answered about 1 year ago.

    1. Daniel Patrick Hanlon
    2. Aneliya M. Angelova
    3. Alexander Joseph Segal
    4. Merlyn Noure Hernandez
    5. John K Lassen
    5 lawyer answers

    Hearings in Immigration Court are either master or individual. The master hearings are to check status of case, etc. The individual hearing is the time at which the Judge will hear the merits of your case. You can be represented at the hearing at your expense but given the issues you are raising you should invest in legal representation.

    13 lawyers agreed with this answer

  2. WHAT FORMS OR WHAT STEPS DOES A USA CITIZEN HAVE TO FOLLOW FOR THE PETITION OF HUSBAND AND DAUGHTER?

    Answered about 1 year ago.

    1. Merlyn Noure Hernandez
    2. Chien-Yu Michael Wang
    3. F. J. Capriotti III
    4. John K Lassen
    5. Brian Glenn Becker
    6. ···
    7 lawyer answers

    She would need to file an I-130. You should seek legal advice on whether her daughter is a US citizen through her mom. This way her husband would be the only one need to become a lawful permanent resident.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I am divorcing my husband who is a US citizen and I'm here on permanent alien status, is he required to support me?

    Answered about 1 year ago.

    1. Merlyn Noure Hernandez
    2. Daniel Patrick Hanlon
    3. Gintare Grigaite
    4. Stephen D. Berman
    5. Marvin Ezequiel Vallejo
    5 lawyer answers

    Your question is an immigration/family law crossover. Your facts indicate that you were married for at least ten years and this would mean it was a marriage of long duration and you waiver spousal support in the judgment(divorce papers). As to the immigration question: your husband signed an I-864 Affidavit of Support as the Petitioner and he is financially liable until you become a citizen or earn 40 qualifying quarters of work in the United States which is generally 10 years. Divorce does...

    5 lawyers agreed with this answer

  4. Is it possible to apply for adjustment of status even its 3 years late?

    Answered about 1 year ago.

    1. Aggie Rachel Hoffman
    2. Merlyn Noure Hernandez
    3. Giacomo Jacques Behar
    4. John Grayson Davidson
    5. John K Lassen
    5 lawyer answers

    Your facts indicate you complied with the 90-day requirement to marry your husband. You should seek legal advice for preparing all applications and providing the necessary supporting documents.

    4 lawyers agreed with this answer

  5. Notice To Produce Documents in a divorce case

    Answered about 1 year ago.

    1. Edna Carroll Straus
    2. Merlyn Noure Hernandez
    3. Myra Chack Fleischer
    4. Robert Andrew Michael Burns
    4 lawyer answers

    It seems that your request is relevant to the issue of support and your wife's ability to earn wages. There are procedures to follow prior to filing the motion to compel it is unclear from the facts if you have completed them. You can retain limited scope representation/ consulting from family law attorneys to explain the requirements and/or help you with the motion to compel.

    4 lawyers agreed with this answer

  6. In California, how do I file asking for exclusive use and possession of the home?

    Answered about 1 year ago.

    1. Myra Chack Fleischer
    2. Merlyn Noure Hernandez
    3. Robert Andrew Michael Burns
    4. A J. Williams
    4 lawyer answers

    You need to file a request for order and indicate the reasons why the court should give you exclusive use and possession of the home. It is unclear if you have filed for default. You should consult with an attorney as to the possible consequences of filing for this request.

    3 lawyers agreed with this answer

  7. I sent my paper work for defferd action, but they sent back a notice of more evidence of 2010.

    Answered about 1 year ago.

    1. Aggie Rachel Hoffman
    2. Merlyn Noure Hernandez
    3. Giacomo Jacques Behar
    4. John Grayson Davidson
    5. John K Lassen
    5 lawyer answers

    There could be other documents to prove your presence in 2010 such as medical records, school records, etc. It is unclear as to what document you provided that was deemed insufficient. There are no appeals to a denial so you should seek legal advice in preparing the repos as to the RFE.

    3 lawyers agreed with this answer

  8. How do you afford a lawyer? Are there are pro bono attorneys available for a family law matter

    Answered about 1 year ago.

    1. Myra Chack Fleischer
    2. Wail Sarieh
    3. John Henry Perrott
    4. Merlyn Noure Hernandez
    5. Thomas Allen Neil
    6. ···
    6 lawyer answers

    Your local court should have a list of pro bono providers. You should also contact the local bar to get a list of any organizations. You might also consult with an attorney to see if they provide limited scope representation.

    3 lawyers agreed with this answer

  9. What happens if both parties fail to show up to restraining order court?

    Answered about 1 year ago.

    1. Edna Carroll Straus
    2. Elizabeth Jones
    3. Merlyn Noure Hernandez
    4. Myra Chack Fleischer
    4 lawyer answers

    If both parties fail to appear the case will be taken off calendar.

    3 lawyers agreed with this answer

  10. If a spouse is only working 20 hours a week and making $450/month, can she request attorney fees under family code 2030?

    Answered about 1 year ago.

    1. Myra Chack Fleischer
    2. Elizabeth Jones
    3. Wail Sarieh
    4. Thomas Allen Neil
    5. Merlyn Noure Hernandez
    6. ···
    6 lawyer answers

    Family Code Section 2030 is meant to ensure that each party has access to legal representation based on ability to pay and need. The Court must make an order if the findings demonstrate disparity in access and ability to pay. Unfortunately, the college payments are not deductions. You also reference sanctions but there is no information as to the claims for this request. It would be best for you to consult with an attorney and show all the relevant papers in your case. Many attorneys...

    3 lawyers agreed with this answer