Annaluisa Padilla’s Answers

Annaluisa Padilla

La Habra Immigration Attorney.

Contributor Level 10
  1. Does paying the $350 to "respond" to an uncontested divorce speed up the overall divorce process in California?

    Answered over 5 years ago.

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

    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. Procedure for contesting husband seeking additional custodial time with children in CA

    Answered almost 6 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    Since you start with "my ex-husband is taking me back to court", he must have filed an order to show cause - OSC detailing the reasons for requesting a change in the custody agreement as set forth in your dissolution judgment. Draft your response to his OSC carefully and address your concerns with evidence to substantiate it. Whether a court will grant the change in custody depends on whether your ex-husband has proven there are "changed circumstances" warranting a change in the current...

    1 lawyer agreed with this answer

  3. Spanish wedding - Groom British / Bride American how to make groom legal in USA

    Answered almost 6 years ago.

    1. Annaluisa Padilla
    2 lawyer answers

    As a United States Citizen, you may petition to immigrate your husband to the United States. The process in lengthy and you must have a residence or intend to return to a residence in the United States. There are several forms to fill out and submit to the United States Citizenship and Immigration Service. For starters you may look into the process for filing an I-130. How quickly and how complicated the process may be will depend on your particular situation. Consult a reputable...

    1 lawyer agreed with this answer

  4. Spanish wedding - Groom British / Bride American how to make groom legal in USA

    Answered almost 6 years ago.

    1. Annaluisa Padilla
    2 lawyer answers

    As a United States Citizen, you may petition to immigrate your husband to the United States. The process in lengthy and you must have a residence or intend to return to a residence in the United States. There are several forms to fill out and submit to the United States Citizenship and Immigration Service. For starters you may look into the process for filing an I-130. How quickly and how complicated the process may be will depend on your particular situation. Consult a reputable...

    1 lawyer agreed with this answer

  5. Divorce in CA, lawyer is holding assets in trust account is interest payable to client

    Answered about 6 years ago.

    1. Annaluisa Padilla
    2. Marshall William Waller
    2 lawyer answers

    It is legal. California Sta Bar Rules, specifically Rule 2.110 states that Members that is Attorneys must establish IOLTA accounts for funds that cannot earn income for the client or third party in excess of the costs incurred to secure such income because the funds are nominal in amount or held for a short period of time. However, in determining whether funds can earn income in excess of costs, a member must consider the following factors: (1) the amount of the funds to be deposited;...

    1 lawyer agreed with this answer

  6. Process for 1-130 and I-212, once these applications have been submitted to USCIS how long is the turn around process

    Answered about 6 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    Each of the applications mention have different processing times. You can check the processing times at the USCIS website. Processing times are estimates, but if your case is outside the processing time as noted by USCIS you can do an inquiry.

    1 lawyer agreed with this answer

  7. Getting back child support in CA

    Answered about 6 years ago.

    1. Annaluisa Padilla
    2. Piotr Gabriel Reysner
    2 lawyer answers

    A judgment determining paternity was entered against you at some time and that is when the child support amount started accumulating. You need to find out if you can set that judgment aside to have DNA testing confirm that you are not the father. You do however address the minor child as "your daughter"...

    1 lawyer agreed with this answer

  8. Immigration removal hearings, USCIS form I-824 application for action

    Answered almost 6 years ago.

    1. Annaluisa Padilla
    1 lawyer answer

    You should get clarification from your attorney as to why your sposue cannot adjust in the United States. Generally a visa overstay may adjust in the U.S. and avoid the I-824 process. You should also be concerned with any waivers your spouse may need to file for "unlawful presence". The I-824 notifies the Citizenship and Immigration Service (USCIS) that your spouse will proceed with consular processing in his/her country of origin. The USCIS then notifies the national visa center and/or...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

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

    Answered almost 5 years ago.

    1. Annaluisa Padilla
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Annaluisa Padilla
    1 lawyer 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!

    1 person marked this answer as helpful