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Annaluisa Padilla's Answers

Annaluisa Padilla
La Habra Immigration Attorney.
Contributor Level 10

1

Attorney answers:

  1. Annaluisa Padilla

Green Card Holder's Maximum Time Allowed to Stay Abroad

Asked by a user in Los Angeles, CA - over 3 years ago.

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...

9 people marked this answer as helpful

1

Attorney answers:

  1. Annaluisa Padilla

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

Asked by a user in San Francisco, CA - about 3 years ago.

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...

5 people marked this answer as helpful

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Attorney answers:

  1. Thuong-Tri Nguyen
  2. Annaluisa Padilla

Marriage between US citizen and out of status foreigner

Asked by a user in Chicago, IL - almost 4 years ago.

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...

7 people marked this answer as helpful

4

Attorney answers:

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

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

Asked by a user in Seattle, WA - almost 4 years ago.

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...

7 people marked this answer as helpful

2

Attorney answers:

  1. Annaluisa Padilla
  2. Judith Ann Routledge

The dissolution is already filed, what next?

Asked by a user in Los Angeles, CA - about 3 years ago.

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!

2 people marked this answer as helpful

3

Attorney answers:

  1. Annaluisa Padilla
  2. Sondra Ellyn Bennaeim
  3. Ryan Patrick McClure

Does paying the $350 to "respond" to an uncontested divorce speed up the overall divorce process in California?

Asked by a user in Oakland, CA - about 3 years ago.

Did you file the Summons & Petition? If so, you are the petitioner and your husband is the respondent. Your statement that “your husband submitted a plea paper to make sure that he does not get 1/2 of your land” is a bit confusing. What has he filed with the court? Is he the petitioner? In any event, the Petitioner must have served the respondent with the summons & petition and filed a proof of service of summons with the court. The respondent has 30 days to respond from the date of...

2 people marked this answer as helpful

2

Attorney answers:

  1. Annaluisa Padilla
  2. Jonathan H Levy

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

Asked by a user in Oceanside, CA - about 3 years ago.

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...

2 people marked this answer as helpful

1

Attorney answers:

  1. Annaluisa Padilla

Retirement joinder and filing for divorce under CA state law

Asked by a user in San Diego, CA - almost 4 years ago.

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 (...

2 people marked this answer as helpful

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Attorney answers:

  1. Annaluisa Padilla

I am a naturalized u.s. citizen who is currently engaged to be married however, my fiance's visa just got revoked.

Asked by a user in Los Angeles, CA - almost 3 years ago.

There are a lot of facts missing from your inquiry. First, what kind of visa was your fiance here with? Where is he from? When did he enter? How long was he admitted for? What do you mean by petition to travel? He was likely given voluntary departure. There are heavy penalties for failing to depart on a voluntary departure grant. I would encourage you to consult with an immigration attorney before you take any action in your case. You can consult an attorney here in California or in...

1 person marked this answer as helpful

1

Attorney answers:

  1. Annaluisa Padilla

What is the correct wording for TSP, FERS and CSRS being split equally following court orders saying all retirement to be 50%?

Asked by a user in Vista, CA - about 3 years ago.

I would highly recommend that you consult with an attorney to proceed with this issue. Division of retirement plans is a complex area of family law. In addition, information about theplans themselves is usually a good start. I have provided some links and you may google the plans for additional information. Good luck!

1 person marked this answer as helpful