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Silvia Martinez’s Answers

55 total


  • Marriage Interview..How can we show joint accounts if i was not given a work permit?

    Marriage interview is coming up. I could not retain a T.I.N # to open a bank account with my wife because my passport is expired and my interview is coming BEFORE my work permit was issued. We were NOT able to open a bank account together ...

    Silvia’s Answer

    Try to take as much as you can. You may have to explain what banks you went to and their responses. I believe there are some banks that will allow a person to open an account without a social security number. There are undocumented people who have opened accounts.
    Other possible items to take: joint taxes, health insurance, rental agreement or deed of home if you own your home, life insurance policy where one spouse is beneficiary. It is good when you could show you are comingling money. Why is only the cell phone bill in both names? How about gas bill, electricity, water, etc. Hope this helps.

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  • Immigration AOS

    what will be the problem if I will apply for AOS less than 1 yr after my i94 expires. due to financial situation. been here as tourist visa, got pregnant and got married but til now Ialready have a child but haven't submitted my papers coz my husb...

    Silvia’s Answer

    Normally, the spouse of a U.S. citizen will be okay at adjustment even if overstayed visa. The problem occurs if you decided to leave the U.S. now that you have accrued unlawful presence. I am assuming you have overstayed your visa by at least six months.
    You are able to travel within the 50 states. Use caution. Some states have border patrol agents at their airports. This was my experience in Texas. Being out of status always carries a risk. Try to see an attorney to fix your status as soon as you can.

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  • Petition Through Marriage II

    I enter the united states with a tourist visa that expires 11/10 the conviction was for him and it was domestic battery he was sentence for 90 days. there was only one punch lots of pushing, throwing spitting, couldn't leave the house don't know w...

    Silvia’s Answer

    There is help for you if you are worried about your safety and your immigration status. There is even help for your children if they do not have status. If your husband has status you may be eligible for VAWA. VAWA allows you to self-petition and at some point adjust your status. VAWA allows for undocumented kids to also qualify. If your spouse does not have status, you may also qualify for a U-Visa, especially if he was convicted. The numbe for the domestic violence hotline is (800) 978-3600. They might be able to help you find safe shelter and then access legal services. Good luck.

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  • Self petition through domestic battery case

    I am applying for my residency in usa by self petition due to a domestic battery case. It would affect my case if I live with my husband still?

    Silvia’s Answer

    There is no requirement under VAWA for you to live apart from your husband. At times, officers have inquired about living arrangements or as to why a victim if not divorced from batterer yet. These questions are not proper but nevertheless they are sometimes asked. Just be prepared.

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

    I have a family of 5, me , my husband, a 19 year old boy , a 3 year old boy and a 9 month old baby girl

    Silvia’s 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.

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  • 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.

    Since we got married he is been verbally and emotionally abusive with me .he forces me to have sex with him. he has a police report for hitting me 2 years ago. I want to divorce and have the custody of my son. but he says noone would believe me an...

    Silvia’s 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 able to get your legal permanent resident without your spouse.
    Remember that your spouse will not be the most honest person when it comes to your legal rights. There is help out there. Good luck.

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  • I am in the process of a divorce and my husband took my kids and has not let me talk or see them what can I do?

    I just let him and he came and took the kidsw when i was out running erramds i had my father watching them he came into my house and took them without calling me and telling me he was going to... now he will not let me see them or speak to them......

    Silvia’s Answer

    If the court has not yet issued a custody/visitation order, you could go ahead and file an OSC (Order to Show Cause) requesting custody/visitation orders. The hearing usually takea a month or two after filing. While you wait for the hearing you will not have orders.
    If you believe your children are in danger then you could file ex parte to get a faster hearing. You have to make a strong case as to why you need quick orders.
    If you already have orders, then you could have a police officer enforce those orders.
    Remeber, that when there is a dissolution pending, there are standard restraining orders that apply regarding taking the children out of the state. These orders are applicable to both parties.

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  • What are my options if i have applied for 145i from a pettition of my sister in 2001. I also have applief for tps.

    I have heard that you get your residence after 10 years of applying for the 145i. I just want to know how i can benefit from that.

    Silvia’s Answer

    I assume you are talking about 245i protection based on your sister's filing of an I-130 for you in 2001. There is a 10-15 year wait, depending on where you were born. Mexico and Philippines have the longest wait. The current priority dates for other countries is 1999. If you are not from Mexico or the Philippines you have a shorter wait ahead of you. Once the priority date becomes current, then you could apply for adjustment of status here in the U.S. (assuming you are not inadmissible under other grounds).

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  • Can a U.S. Natularized Citizen (since 2009) petition undocumented mexican mom who is in the U.S.?

    My mom has live here for more than 10 years and has good moral character and no criminal record. If I were to petition her can she become a LPR with no problems? 9th District Circuit

    Silvia’s Answer

    A child could petition for mother once that child is over 21 years old. The mother is considered an immediate relative. The issue becomes how your mom entered the US. If she entered without inspection, then she will have to go back to Mexico and get her green card through consular processing. If this is the case, she will trigger unlawful presence. There is a waiver, but the hardship has to be to a USC/ LPR spouse or parent. Hardship to child is not considered. Having to return to Mexico could be avoided if there is 245i protection. There may be other ways for your mother to legalize. But she needs to consult with an attorney.

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  • Puedo aplicar para mi cuidadania despues de haber salido del pais por un tiempo, y luego haber regresado a los EEUU?

    Soy Guatemalteca, en diciembre de 1995 me case con un ciudadano americano, y en enero de 1996, entre a los EEUU con una residencia condicional por 2 años, pero en 1998 sali deEEUU para mi pais porque fui victima de abuso domestico por parte de la ...

    Silvia’s Answer

    Es muy probable que el govierno considere que usted abandono su residencia al estar fuera del pais por mas de un ano.. La applicacion de ciudadania pide informacion acerca de las veses que estubo fuera del pais. Si el govierno le tratan de quitar la residencia, es possible que puede qualificar para otra ley que protege a victimas de violencia domestica. Depende de los detalles de su caso.

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