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Annaluisa Padilla

Annaluisa Padilla’s Answers

65 total


  • Questions about Conditional Green Card

    Hello my wife is in a conditional green card status, she is styding in another state for the last two months, and because of the financial issue, I have to stay in my job. Her green card will be expired at the end of this year, and we have to rem...

    Annaluisa’s Answer

    Your situation is a delicate situation which will require careful and detailed explanation to the Citizenship and Immigration Service. Under CIS regulations, the conditions on your spouse's residency can be removed only after it is determined that you entered into the marriage in accordance with the laws of the place where the marriage took place, the marriage has not terminated, and it was not entered into to procure residency. This may be established with evidence of joint ownership of property, joint leases, documentation showing commingling of your finances and other evidence. Given that you and your spouse have been living apart, you will have to provide compelling explanation for doing so while at the same time provide evidence demonstrating your marriage is valid. I would encourage you to consult with an immigration attorney in preparation of your case.

    DISCLAIMER:
    My office does not seek to represent anyone based solely on a this inquiry. ANY and ALL information provided is for your general information only and NONE of the information provided should be construed as legal advice for any individual case or situation. Representatives and employees of Law Office of Annaluisa Padilla will not be held liable for your reliance upon this information. For legal advice from this Law Office, you must retain the attorney by signing a Legal Services Agreement and disclose to attorney all facts regarding your individual case or situation. We strongly recommend that you contact us for specific legal advice. Please note that this communication does not establish an attorney-client relationship.

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

    He had been working and living here legally, but upon his petition to travel abroad, the immigration office request for him to attend an appointment. Once there, he was told he had lied about entering illegally to the country prior to receiving hi...

    Annaluisa’s Answer

    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 Georgia.

    DISCLAIMER:
    My office does not seek to represent anyone based solely on a this inquiry. ANY and ALL information provided is for your general information only and NONE of the information provided should be construed as legal advice for any individual case or situation. Representatives and employees of Law Office of Annaluisa Padilla will not be held liable for your reliance upon this information. For legal advice from this Law Office, you must retain the attorney by signing a Legal Services Agreement and disclose to attorney all facts regarding your individual case or situation. We strongly recommend that you contact us for specific legal advice. Please note that this communication does not establish an attorney-client relationship.

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  • I-130 son of US citizen,weird problem

    I'm a beneficiary of a US citizen.My stepfather submitted an application last year on March.And my case was approved by the local USCIS office and sent to NVC.But what's weird is that my case was suddenly transferred to local USCIS office from NVC...

    Annaluisa’s Answer

    Your case may have been transferred to the USCIS office having jurisdiction over you if you are currently in the United States. I encourage you to consult with an attorney if you are in the United States and inquire if you are eligible for adjustment of status. Good luck!

    DISCLAIMER:
    My office does not seek to represent anyone based solely on a this inquiry. ANY and ALL information provided is for your general information only and NONE of the information provided should be construed as legal advice for any individual case or situation. Representatives and employees of Law Office of Annaluisa Padilla will not be held liable for your reliance upon this information. For legal advice from this Law Office, you must retain the attorney by signing a Legal Services Agreement and disclose to attorney all facts regarding your individual case or situation. We strongly recommend that you contact us for specific legal advice. Please note that this communication does not establish an attorney-client relationship.

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

    I have divorce orders that our retirement accounts are to be frozen and split equally. When I submitted this paper work to the Federal Government they said specific wording needs to be used to comply with the court orders. I would like sample wo...

    Annaluisa’s Answer

    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!

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  • Marriage and immigration

    My fiance and I are planning on getting married while I am still an F-1 student but he is a permanent resident. If we get married can we still file an I-485 and I-765 along with the I-130? How long will the process take? Also if he files his ...

    Annaluisa’s Answer

    Congratulations on your upcoming wedding! Since your fiancé is only a permanent resident, you are not eligible to apply for adjustment of status concurrently with his immigrant petition and you would be subject to the visa backlog as a spouse of a legal permanent resident. You can follow the visa bulleting at the link below.

    Provided he has met the requirements to become a United States Citizen and unless there are issues not mentioned in your question about his status, I would encourage him to apply for naturalization promptly. The processing time for naturalization applications vary locally. You can check the USCIS website for processing times. I have provided the link below.

    Good luck and again congratulations!

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  • My husband is an immigrant...hard to prove our marriage with paper. Please help! I don't want him to get deported!

    We got married because I decided to move to another state to go to school, however, I ended up quitting for financial reasons and now I have a good paying job. We are planning to open a restaurant where I am, so my husband is working for his uncle...

    Annaluisa’s Answer

    It is difficult from your fact pattern to figure out at what step in the process you are. It seems you have filed a petition and he has filed the required I-485 to obtain residency. Why are you afraid he will be deported? Was he picked up by immigration officials?

    The evidence you need to present the Citizenship and Immigration Service relates to the validity of your marriage. The most common evidence that a marriage is a "bona fide" marriage (that means a marriage entered into in good faith) is the commingling of finances, insurance, obviously residing together and starting a family. Your situation is peculiar and may even be out of the ordinary, but you have plenty of reasons to explain your situation. I would recommend you sit down and make a list of the reasons why you are unable to have insurance together, add him to your bank accounts, your credit history, etc. Obtain paperwork corroborating these reasons and write a detailed declaration with the facts affecting your situation.

    Because your case is so peculiar I would highly recommend you consult with an attorney for further representation. An attorney can review your case with you and help you present your case to Immigration Officials. Good luck!

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  • Seeking an immigration lawyer in CA

    Hi! I am searching for an immigration and family lawyer in one who specifically who has knowledge about divorce. Lawyer must be in CA.Am searching for a friend. Thanks.

    Annaluisa’s Answer

    Avvo is a good start. Type the city where your friend is located and review the results. I would next encourage you to check with local bar organizations within the area your friend lives. Visit the attorneys' websites and check on their expertise. Avvo may give you the most information about attorneys and you can review their expertise looks and the questions they have responded.

    Aside from location, always check their license with the California State Bar. Good luck!

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

    I am getting married this month. My B1/B2 visa has expired. I will be filing my I-130 concurrent with my I-485. It asks for current USCIS status. I have a pending F2A petition (by my father). What do I i put under 'Current USCIS status'? Do I incl...

    Annaluisa’s 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 carefully. Make sure you include all the evidence requested. I have listed the link below. Good luck and congratulations on your upcoming nuptials!

    My standard disclaimer: In responding to your inquiry, I am not offering legal advice. Do not assume the brief representation of your facts and circumstances is enough to provide you with legal advice. I am merely making suggestions for starting points for when you do speak with an attorney. Do NOT rely solely on anything I write and for further legal advise seek to consult with an attorney with whom you can meet and provide all relevant facts in your case.

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  • What are the chances my parents will find out if i'm married?

    i married my boyfriend in dec 2008. he came into the US 5 years ago but overstayed on his visa however he does have his work permit and social security number. if i do a confidential marriage, what are the chances anyone will find out? we will be ...

    Annaluisa’s Answer

    In order for you to file an immigrant petition for your boyfriend you must indeed marry him and submit not only paperwork, but evidence to the Citizenship and Immigration Service that your marriage is a "bona fide" marriage. You may file for a confidential marriage license, but this only means your marriage is not made part of the public record. Whether your family finds out about your marriage or not is a personal determination. Certainly, they will inquire once you live together or once you have filed immigration papers for him.

    Marriage is more than a contract and you should not enter into it lightly, especially for immigration purposes. An attorney can counsel you on the legal implications of entering into a marriage, but in the end, it is a personal decision.

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  • The dissolution is already filed, what next?

    I've filed the following paperwork in California: Declaration, Declaration Income & Expence, filed uniform child custody, summons family law, petition dissolution, proof of service, request for default (X defaulted on signing paperwork)...last pap...

    Annaluisa’s Answer

    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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