Silvia Iris Martinez’s Answers

Silvia Iris Martinez

Los Angeles Immigration Attorney.

Contributor Level 9
  1. To apply to I-130 Petition for alien relative, I was told that it takes like 10 years, why does it take so long?

    Answered over 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    The waiting time for the sibling category takes about ten to twenty years, depending on what country you are from with the Phillipines having the longest waiting time. It takes so long because the government only alotted X number of visas for this fourth preference category. There is also a bigger demand since one can immigrate one spouse at a time but several siblings. The thing is, if the I-130 alien petition is never filed, then you will never have your place in line to adjust status some...

    3 people marked this answer as helpful

  2. Which form should I fill out, k-1 visa form or I-130?

    Answered about 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    In order to adjust status to become a resident through a USC spouse, a person must show proof of admission. This usually means they entered with some sort of visa. If the person does not have proof of legal entry, then they will have to obtain their residency through couselar processing in their home country. However, depending on the amount of time in the U.S. without status, the immigrant spouse may trigger unlawful presence and the person will be barred for three or ten years unless US...

    2 people marked this answer as helpful

  3. How do I know if I can trust a Lawyer?

    Answered over 5 years ago.

    1. Jonathan H Levy
    2. Silvia Iris Martinez
    3. Thuong-Tri Nguyen
    3 lawyer answers

    Remember that you are the person hiring the attorney, not the other way around. Make sure the person is an attorney licensed to practice law and not an "immigration consultant" or "notario." You could check with the California Bar Association to check if the person is a lawyer in California. If you have internet access you could go to calbar.org and do attorney search to see if attorney has a disciplinary record. The attorney should inform you about what he/she is doing. There is...

    1 lawyer agreed with this answer

  4. How much do I have to prove as income to sponsor my mom and dad to get them here to the us

    Answered about 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    Check out USCIS website, form I-864P. For a family of 7 (your five plus your mom and dad) the minimum amount is $41,587. If you have sponsored other people and they became LPRs then you have to count them too. If your income is not enough, you could get a joint sponsor or co-sponsor. If you have claimed other people on your taxes then there might be a need for higher income.

    1 person marked this answer as helpful

  5. I am an illegal immigrant married to a US citizen. i want to know my rights if we get divorced.we have a 18 month old son.

    Answered about 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    There is help available for victims of domestic violence out there. First, if you feel your safety is in jeopardy, you could call the domestic violence hotline at 1(800)799-7233. They could try to find a shelter for you and your son. When you are in a safe place you could access the court for a restraining order or custody orders. Many shelters have legal services available to their clients. Additionally, as a victim of domestic violence, you may be eligible for VAWA or a U-Visa. You are...

    1 person marked this answer as helpful

  6. Is there a possibility for me to qualify for a permanent resident now that I'm out of status without leaving the country?

    Answered about 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    Immediate relatives are able to adjust status even if they overstayed their visa. As a wife of a US citizen you will be considered an immediate relative. You do not mention when you entered and when your status expired. There are immigration consequences to overstaying 180 days or over a year. Before filing any paperwork or leaving the U.S. you should seek legal advice from an immigration attorney to figure out which way is best. There also may be issues surrounding your intent at the...

    1 person marked this answer as helpful

  7. Can domestic violence charges be dropped with out the DA even talking to the victim?

    Answered over 5 years ago.

    1. Silvia Iris Martinez
    2. Brian Richard Dinday
    3. Matthew Edward Williamson
    3 lawyer answers

    You might want to try contacting the District Attorney's Office to find out for yourself. You don't have to trust what your fiance says, since it could be a lie aimed at intimidating you or scaring you so you don't go forward. I belive within the DAs office there is somebody in charge with helping the victims of domestic violence. If this doesn't work, try speaking with the detective on your case. When you go to court tomorrow, you could take your text messages and show the court that...

    1 person marked this answer as helpful

  8. Can I help my illegal husband obtain his green card?

    Answered over 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    A US citizen can petition for her spouse as an immediate relative. However, when the non-citizen spouse entered without inspection, he would have to do counselar processing in his country. Once he leaves the U.S. he will have a 10 year bar and would have to apply for a waiver based on hardship to US citizen spouse. This is sometimes a long process that can take up to a year of him being in outside the U.S. You should ask your husband if anybody ever filed some sort of petition for him or...

    1 person marked this answer as helpful

  9. Any free lawyer/services available to help with filling i-90 greencard renewal form?

    Answered over 5 years ago.

    1. Silvia Iris Martinez
    1 lawyer answer

    Try the Los Angeles County Bar Association Immigration Project at 300 N. Los Angeles St. Suite 3107. It is in the USCIS building but it is not USCIS. The Immigration Project charges very small fee for completing the application. $20 for a consultation. First come first serve basis.

    1 person marked this answer as helpful

  10. Will my getting arrested for DV affect my getting US citizenship?

    Answered over 5 years ago.

    1. Silvia Iris Martinez
    2. Brian Richard Dinday
    2 lawyer answers

    Good moral character is a recquirement for naturalization. Typically USCIS looks at the past 5 years, however they could look at longer period. USCIS could take into account admissions not just convictions. However, the outcome of the naturalization applicatin depends on the specifics of your case. It is not unheard of for a batterer in a domestic violence situation to control a situation in such a way that the victim ends up getting arrested and later charges are dismised. It is a good...

    1 person marked this answer as helpful