Annaluisa Padilla’s Answers

Annaluisa Padilla

La Habra Immigration Attorney.

Contributor Level 10
  1. Green Card Holder's Maximum Time Allowed to Stay Abroad

    Answered over 5 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    If an US greencard holder remains outside of the United States continuously for more than one year, the Department of Homeland Security (DHS) takes the position that residency has been abandoned. In addition absences from the United States for a period greater than 6 months but less than one year breaks the continuous residence requirement for purposes of naturalization. I would encourage you to gather all documentation reflecting the need for your mother to be outside the United States for...

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  2. Marriage between US citizen and out of status foreigner

    Answered about 6 years ago.

    1. Thuong-Tri Nguyen
    2. Annaluisa Padilla
    2 lawyer answers

    Your question is quite compounded. If your friend entered legally and has proof of her legal entry, she may be eligible to obtain legal permanent residence through her soon to be US Citizen husband. The application process requries several forms and supporting documentation. Marrying a US citizen does not erase or eliminate any legal impeidments your friend may have; however, as noted, her legal entry is in her favor. Your friend would also be eligible to apply for US citizenship either 3...

    1 lawyer agreed with this answer

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  3. H1-b visa holder got married 6 months ago, procedure for filing for green card through wife who is a U.S. citizen

    Answered about 6 years ago.

    1. Bradley Mark Maged
    2. Annaluisa Padilla
    3. Hassan Minhaj Ahmad
    4. David H Nachman
    4 lawyer answers

    There are several USCIS forms that you and your wife will need to complete and file with USCIS. I encourage you to go to the USCIS website for further information, The forms you will need are I-130, I-485, G-325A (one for each of you), and I-864 - an affidavit of support on your behalf. You will also have to provide supporting documentation such as your birth certificate, your wife's birth certificate, marriage certificate, proof of citizenship, evidence of dissolution or termination of...

    1 lawyer agreed with this answer

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  4. On I-485, where it asks "Current USCIS status", what do I put if I have overstayed my B1/B2 visa?

    Answered over 5 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    If you entered with a B1/B2 visa and overstayed, you are out of status. Some call this a “B1/B2 overstay”, although technically that is not a status. If your USC spouse is filing an I-130 petition for you, you do not need your father's I-130 unless it was filed prior to April 31, 2001 and you are seeking to be grandfathered under section 245(i) of the Immigration and Nationality Act, but why would you need to? Take a look at the instructions for filling out the I-485 and follow them...

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  5. CAN YOU GET A RECOGNIZED DIVORCE FROM A FOREIGN COUNTRY IF YOU GOT MARRIED IN THAT COUNTRY?

    Answered over 5 years ago.

    1. Annaluisa Padilla
    2. Jonathan H Levy
    2 lawyer answers

    Your question is a very complicated question. Every state has different divorce laws - similar, but different. In addition, every country has different divorce laws and with your wife living in Mexico, you will also have to explore whether a divorce in Zimbabwe would be recognized in Mexico. California would not recognize your divorce in Zimbabwe if both you and your spouse were residents of the California when you obtained your divorce. There are several conflict of laws issues in your...

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  6. Retirement joinder and filing for divorce under CA state law

    Answered about 6 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    The purpose of joining the plan is to give the plan an opportunity to appear and be heard. Also, no judgment or order of a court will be enforceable against an employee benefit plan unless the plan has been joined as a party to the proceeding. See Fam. Code section 2060(b). If the plan is covered under federal law (ERISA) there may not be a need to join the plan. A Notice of Adverse Interest will suffice and enforcement of the plan's distribution will be excuted pursuant to the QDRO (...

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  7. Immigration I-130 spouse application as permanent resident, adjustment of status, do minor traffic violations affect application

    Answered almost 6 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    There is no question that your husband should take care of these "tickets" he has pending as soon as possible. Most traffic violations do not affect the family petition process. However, how many, how recent, and what kind, may be relevant in the process. In addition, there are still many facts missing that could affect the process. Consult with an immigration attorney in your area and discuss all the facts pertaining to your hsuband even if you think they may not be relevant.

    1 lawyer agreed with this answer

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  8. Husband is from el salvador, does he have a better chance of getting his green card, immigration in CA

    Answered about 6 years ago.

    1. Annaluisa Padilla
    2. John M. Kaman
    3. Ritu Goswamy
    3 lawyer answers

    You husband will need a one or more waivers to be able to obtain his green card. If he is in El Salvador he will have to do consular processing and submit the waivers at the Embassy/Consulate. His prior deportation complicates his process. I would recommend that you consult with an immigration attorney regarding your husband's situation.

    1 lawyer agreed with this answer

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  9. I am 20 years old and i was born in the USA. My parents are both from Mexico and have been here for years. What can i do?

    Answered 7 months ago.

    1. Andrei Romanenko
    2. Annaluisa Padilla
    3. Thomas Joseph Baker
    4. John Qumars Khosravi
    5. Alexander M. Ivakhnenko
    6. ···
    7 lawyer answers

    You can file petition for your parents when you turn 21. However, their ability to obtain residency depends on their particular facts. I would encourage you to consult with an attorney when the time comes for further guidance.

    1 lawyer agreed with this answer

  10. The dissolution is already filed, what next?

    Answered over 5 years ago.

    1. Annaluisa Padilla
    2. Judith Ann Routledge
    2 lawyer answers

    If your spouse did not file a response to your summons and petition, you can request the court enter a default in the case. You must then prepare a judgment setting forth custody, support and the division of assets including your pensions. Most courts have family law facilitator's offices to assist litigants in the process. Consider visiting the facilitator's office where you filed. I have provided a link with additional information below. Good luck!

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