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Annaluisa Padilla

Annaluisa Padilla’s Answers

65 total

  • For custody issue, use private mediation a good idea? Or is it critical to have the attorney negotiate, just use court mediator?

    I've already filed the OSC for custody and the court date is 1.5 month away. Though the court would appoint a free court mediation prior to hearing, I am considering hiring a private mediator, hoping to resolve this if at all possible without th...

    Annaluisa’s Answer

    You and your spouse (or parent of your child -if not married) are in the best position to determine what is in the best interests of your children. The use of a mediator will facilitate the conversation keeping the best interests of your children in mind. It also eases any animosity that may exist between you and your spouse at this time. Separation and alienation of parents is very difficult for children so keeping the matter out of court is the best you can do for them.

    Court mediators are trained professionals and have experience in assisting parties reaching an agreement. An out of court mediator may also assist you, but you will have to pay his or her fees. There is no negotiation in custody - you are both the parents of the children and should aim to protect their welfare and their interests. A parenting plan putting forth the children first would be a step in the right direction. The Los Angeles Court has sample parenting plans you may print to begin the conversation. It is your call whether you seek independent mediator or one provided by the court, just remember you are not negotiating, but doing what is best for your children.

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  • Seeking lawyer who specializes in immigration and divorce

    hi! i would like to find a lawyer who is specializing in immigration and divorce. my friend is located somewhere in Orange County, CA. hope to hear great responses. thanks.

    Annaluisa’s Answer

    The American Immigration Lawyer Association is certainly a good start. You can also check other Bar Organizations such as the Mexican American Bar Association or the Orange County Bar Association. A search right here in avvo might also provide you with some names.

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  • My friend has two kids that are us citizens, is it possible for her to become a us citizen?

    My friend is an illegal alien and she was brought to the united states when she was two three years old, the father of the two kids is a us citizen and has not taken any responsibility and she has not spoken with him. what can she do to stay in th...

    Annaluisa’s Answer

    United States Citizen sons or daughters over the age of 21 may file an immigrant relative petition for their foreign born parents. Your friend’s children may do so if anyone of them is over the age of 21. That is only the first step. Whether your friend will be able to adjust her status in the United States depends on whether she entered legally or illegally. If she entered illegally, she will not be able to adjust her status unless she is grandfathered under 245(i) of the immigration and nationality act.

    In addition, if your friend has to leave the United States to process with consular processing of her child’s petition, she will have to request a waiver for her unlawful presence in the United States.

    There are several other factors that will affect your friend’s ability to remain in the country, including whether she has other relatives in teh United States. I would encourage her to consult with an experienced immigration attorney to discuss her current situation and her available options if any.

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  • I was brought to the united states illegally when i was a minor and i would like to know what i need to do to become legal?

    I am 19 now, 20 on the 03/17/1989, I have graduated from high school and attending college, i have lived here since i was 5. please help, im getting close to the point where i wish to continue my education and find a job.

    Annaluisa’s Answer

    Unfortunately, having entered illegally there are no current benefits available to legalize your status. If a qualifying relative has submitted an alien petition for you prior to April 30, 2001, you could be grandfathered under 245(i) which is an immigration law that allows persons who entered illegally to adjust their status through a qualifying relative petition or labor petition.

    In addition, in your situation, since you turned 18 you have been acquiring unlawful presence in the United States. That means if you were to leave the United States now, you would be subject to a (10) year bar from returning to the United States.

    Research information on the Dream Act legislation, this legisltation has a good chance of beign approved by the current administration and may benefit many young immigrants like yourself. Talk to your United States citizen friends to speak with their representatives to support the Dream Act legislation

    Above all, keep your spirits high, stay out of trouble (especially with local enforcement or immigration officials) and keep all your records of residency in the United States — they may be useful in the future.

    Below is a link to information about the Dream Act that will get you started. Good luck!

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

    My spouse and I have an amicable divorce. Since we already agreed on how to split our items and my husband has submitted a plea paper to make sure he does not get half of the land I purchased prior to our marriage (he doesn't want it and CA is a c...

    Annaluisa’s Answer

    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 service. If the respondent does not respond, the petitioner can take a default of the respondent and prepare the agreement on how the community property will be divided in addition to custody and support if children are involved.

    The court cannot grant your divorce until 6 months and one day after the date you filed your petition. Having the respondent file a response would not necessarily speed up the process. Depending on how quickly the court you filed in can process your divorce, the processing of your judgment may take a few weeks or a few months. You may submit your judgment before the six months period and the court will process it, but your dissolution date as reflected in the judgment will still be 6-months and one day after the date you filed your petition.

    There are certain requirements to submitting a default judgment — make sure you check with your court’s family law facilitator or the self-help center for assistance.

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    Annaluisa’s Answer

    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 fact pattern and not knowing where you will be residing when you obtain your divorce it is difficult to determine if such will be valid. When considering divorce, I would encourage you not to act in haste and take into account the effect of the divorce decree, your obligations and the division of property. California is a community property state, others are not. Certainly other countries have different laws for division of property. Mexico has its own laws for division of property all that must be researched and addressed to ensure and protect your rights and obligations after the divorce.

    Furthermore, since your wife and your children live in Mexico, you will need to find out if Zimbabwe can entertain any custody and visitation orders. California could not make any orders as to custody and visitation because the children are out of its jurisdiction. California could make an order for child support, but support and custody are intertwined and without a custody order you may be binding yourself to a support order that is not aligned your custody and visitation plan.

    I would encourage you to consult with experienced attorneys in Mexico, Zimbawe and California (if you intend to remain here for some time) to understand what your options and obligations are after your divorce.

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  • My husband was taken into custody for violating his probation. INS placed a hold on him. What must I do to have it removed?

    My husband was taken into custody for violating his probation. He had just mailed his I-751, petition for removing conditions of residence. I have received the reciept from immigration department reading that his expiration of restricted residence...

    Annaluisa’s Answer

    There are several reasons why your husband has an immigration hold. The most common is likely to be because his conviction is a deportable offense. You need to consult with an immigration attorney to review his conviction record and determine what his options are. Do not wait. He will likely be placed in proceedings for his removal.

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  • Can I get divorced in Los Angeles, CA without a Social Security number?

    I got married about 5 years ago. My ex is handling the divorce but she is now saying that I can get deported if she files the papers because I don't have a Social Security number. I've never heard of this. Is this true?

    Annaluisa’s Answer

    Can you get divorced in Los Angeles, CA without a Social security number - the answer is yes you can. Your divorce is handled through a California State Court and your social security number is not something the court needs to divorce you. Your spouse or spouse's attorney may inquire about your social security number if there are issues of spousal support or child support

    Is it true that you will get deported if your spouse files for divorce? This is a more complicated question. Whether you are placed in deportation proceedings depends on your immigration status in this country. If you are here undocumented, the possibility of being placed in deportation proceedings is very high. If you have obtained a green card through marriage to a US citizen, your status depends on whether you were granted conditional residency or permanent residency. I would highly recommend that you consult with an attorney who is well versed in both areas of laws so that you can understand your rights and options. I hope this information was helpful to you

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  • What are the child visitation laws of a illegal immagrant in california

    illegal immagrant visitation laws

    Annaluisa’s Answer

    Your immigration status or that of the other parent should have little to no bearing on you custody and visitation unless it would place your children at risk. I would encourage you to seek representation in your areas with an attorney familiar with family and immigration laws. Good luck.

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  • I want to become a citizen

    I want to apply for citizenship but I have two dui s one in 1996 and the other in 2003 .my wife is a us citizen . can i still apply or having these misdeminors prevent me from doing this? do I have to ask for a pardon?

    Annaluisa’s Answer

    To apply for citizenship you must meet certain requirements, including Good Moral Character.
    Generally, you must show that you have been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Citizenship and Immigration Service (CIS) is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

    • has committed and been convicted of one or more crimes involving moral turpitude
    • has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
    • has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
    • has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
    • has committed and been convicted of two or more gambling offenses
    • is or has earned his or her principal income from illegal gambling
    • is or has been involved in prostitution or commercialized vice
    • is or has been involved in smuggling illegal aliens into the United States
    • is or has been a habitual drunkard
    • is practicing or has practiced polygamy
    • has willfully failed or refused to support dependents
    • has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.

    An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

    Your DUI convictions may be indicative of the CIS arguing you are a habitual drunkard. As such, you have the burden of proving to the CIS that these DUI’s do not make you a person lacking good moral character. I would encourage that you seek legal representation for your application and in preparation for your interview with the CIS.

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