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Annaluisa Padilla

Annaluisa Padilla’s Answers

65 total

  • What's next?

    I filed for divorce and my husband was served 1/2/09. I know I have to wait for 30 days for him to respond. What happens if he responds? What papers do I need to file if he doesn't respond? Any help on just what to do next would be greatly appre...

    Annaluisa’s Answer

    The following terms are used in California divorce law to describe the parties involved.

    The spouse starting the divorce is known as the Petitioner
    The document filed in court is know as the Petition
    The spouse being divorced is known as the Respondent
    The answer to the Petition is the Response
    Orders for the dissolution and the terms of it are known as the Judgment.

    The Petition is filed and personally served on the Respondent. The Respondent then has 30 days to file a Response. One of the parties to the dissolution will usually request a temporary court order by filing for an Order to Show Cause (OSC) hearing. It is at this hearing that the judge will make rulings on temporary child custody, support, and restraining orders.

    The parties are required to exchange information and documentation relevant to the divorce. This requirement is known as the Preliminary Declaration of Disclosure. This is a court form in which each party lists all known community and separate properties. Current income figures and expenses must also be disclosed. At the end of the discovery process, the parties and their divorce lawyers if the parties are represented, discuss the settlement of the case. If the case is resolved at this stage, one of the divorce attorneys will prepare a Marital Settlement Agreement, or a Stipulated Judgment which will contain all the terms outlined in the agreement according to California divorce law. If an agreement not be reached on all the terms of the settlement, a trial will take place. either party may file a request for trial withthe court.

    Before a court can enter the dissolution of the marriage, a Judgment must be prepared. This document contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each California divorce attorney.

    For information on the forms needed for your divorce, check the Court's Family Law self-help webiste noted below. I hope this inforamtion was useful to you.

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  • I was brought here(U.S) Illegaly when i was only 7. I am 22 and i'm still Illegal. What are my options?

    My perents brought me in to the country when i was 7, whith out inspection. I have lived here all of my life and i have never left. My fiance and i are going to get married soon. He is an American Citizen. We fear that i'm going to have to leave t...

    Annaluisa’s Answer

    You are in a situation facing many young immigrants today. Unfortunately with the state of immigration law at this time, there is no relief for your situation. Your situation may differ if you were covered under section 245(1) of the Immigration and Nationality Act which allows for persons who entered without inspection or (EWI) to apply for adjustment of status if they the applicant has an approved family or labor petition that was filed prior to April 30, 2001.

    I would recommend your husband becomes an advocate for Immigration Reform. You may want to take a look at information on the internet about the DREAM ACT which may allow young immigrants in your situation to obtain legal status and a path to citizenship. Have your husband write letters to your representatives in Congress and advocate vigorously for Immigration Reform - tell your story and why you merit remaining in this country.

    You are correct that if you leave the United States to proceed with consular processing you will need a waiver for your unlawful presence in the United States. These waivers are adjudicated by balancing your immigration infractions against your moral character and equities. If you decide to proceed with consular processing you should consult with an immigration attorney to assist you and represent you in the process.

    I hope this information has been useful to you.

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  • How to attain permanant residency if Citizen marries illegal alien?

    Hello, I have been in the US Army for almost 5 years and currently about to commission into the infantry as a 2nd Lieutenant; My question is: Can my wife (who i recently married) attain permanant residency being that I am a citizen serving in...

    Annaluisa’s Answer

    Congratulations on your recent nuptials. A foreign national may be eligible to apply and obtain legal permanent residency through a family petition by his or her United States Citizen spouse. In the case of your wife, if you are a United States Citizen, you may petition for her. Before the process begins however, you must first determine whether she entered the United States legally or not and whether any other family member (such as her parents or siblings) have filed a petition for her prior to April 30, 2001. I would encourage your wife to consult with an immigration attorney to determine her eligibility.

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  • What are the posibilities?

    my brother in law was deported about 5 yrs ago. what are the options or possibilities my sister(who is a us citizen)has to legalize him.

    Annaluisa’s Answer

    There are many facts missing from your post, including the reason for his deportation. If your brother in law's deportation involved a conviction of a crime his possibilities of returning to the United States are diminished. I would encourage your sister to gather all the information pertaining to her husband's deporation including any convictions or arrests and consult with an immigration attorney

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  • 22 women came with a fiance visa from colombia, got married with a Us. citizen.

    I have a temporal residency for 2 years, but I realized my husband is having an affair with more than 2 woman, he wants the divorce, but I am afraid I will not be able to get my permanent residence If I divorce, beside that he is threating me if I...

    Annaluisa’s Answer

    If you are divorced prior to the second anniversary of your temporary residency, when you file your petition to remove the conditions of residency you will have to submit evidence that your entered into the marraige in good faith and not to obtain legal status in the U.S. I would encourage you to seek legal representation for the preparation of your petition.

    Even though you have been married a short period of time, under California community property laws, you may have some rights to the house, especially if it was purchased during your short marriage. You should consult with a a divorce attorney in your area to ascertain your rights.

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  • Immigration

    My friend was married for 8 years it was a legtamate marriage to an illegal immigrant.but the marriage didnt work and they had a child together and he has his green card(residents)and soon they get a divorce because it is not working out will he l...

    Annaluisa’s Answer

    There are a lot of questions in your positng and it is important for your friend to consult with an immigration attorney regarding the effects of his divorce on his immigration status. IMPORTANT: if your firend and his spouse had an attorney represent them in the process to obtain his greencard, he should consult with a DIFFERENT immigration attorney.

    First he will need to determine if his residency is conditional or permanent. When a spouse obtains residency through his or her United States Citizen spouse and their marriage is less than two years at the time the residency is approved, the person receives only conditional residency and after two years, but before the expiration of his conditional residence, he must apply for removal of the conditions on his residency and request permanent residency. There are several issues that may arise under this scenario if your friend separates or divorces from his spouse before removing the conditions on his residency. He may however still apply for removal of the conditions under certain circumstances. If he is already a permanent resident the divorce will not affect his current status, but will affect the length of time he will have to wait to apply for citizenship. Again, my best recommendation is to consult with an experienced immigration attorney.

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  • Annulment

    Can I get annulment from my husband cause he got Quickie Mexican divorce from previous wife even though he thought it was legal.? Would the court favor him based on comity?What about Family code 2090-2093?

    Annaluisa’s Answer

    It seems you are already familiar with the family code and you have found the sections which would make an otherwise valid divorce invalid if both parties were residing in California at the time the divorce in Mexico was obtained. If the divorce is not valid, your marriage is void "ab initio" which means it is invalid because there is a legal impediment to the validity of your marriage and therefore it never existed.

    Check out Family code sections 2200-2201 and 2210 regarding void and voidable marriages. If you are still considering nullity proceedings I would recomend that you consult with an attorney in your area and discuss the facts of your case including the length of your marriage and whether any children are involved.

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  • Green Card Holder's Maximum Time Allowed to Stay Abroad

    How long can a US greencard holder stay abroad? I've checked the documents that USCIS give out to new residents & it says 1 year, but a recent immigrant told me that during first-time immigrant processing at the airport, the immig officer told the...

    Annaluisa’s 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 more than 6 months such as (death or ilness in the family, emergency, etc.). There are several factors that must be considered before you mother is deemed to have abandoned her residency but I would caution your mother regarding her travels. In addition, if she anticipates to travel extensively, she should consider applying for naturalization.

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  • My wife is mal-treating me and threatening to file for divorce because i am on a K-1 visa

    Please i need an advice, my wife filed a K-1 visa for me to enter the US,i arrived 3months ago and we got married.I have applied for an adjustment of status and EAD,which are still pending. Ever since i got in, she has been mal-treating and batter...

    Annaluisa’s Answer

    You have a difficult situation and so I would encourage you to seek a family law attorney and an immigration attorney as soon as possible. Under immigration laws, you may have relief under the Violence Against Women Act or VAWA which is applicable to men and women who are abused by their spouses. You must keep a record of the abuse and any physical evidence of the abuse perpetrated on you. I would encourage you to file a police report on the abuse you have recently suffered. Seek representation promptly.

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  • Immigration

    I used to have tourist visa and i coud come and go out of the country easyly but they took it away a year ago beacuse i went to high school in california and i lived there 2 years from 2000 to 2002. My boyfriend asked me to get marry but he is afr...

    Annaluisa’s Answer

    It is unclear from your facts if you are currently in the Unitred States or not. If you are in the United States, entered with a valid visa and overstayed your permitted stay, your boyfriend - once he becomes your husband may petition for you and you may file for adjustment of status within the United States. If you are outside the United States your situation is different and if you marry your boyfriend and he petitions for you, you may require a waiver for your unalawful presence in the United States. Whether you will be granted another tourist visa to enter the United States depends on the circumstances of your visa cancellation. Notwithstanding, I would encourage you to consult with an experienced immigration attorney in your area to explore all your options. To evaluate the experience of the attorney you seek, you may search this website and look at their credentials and I would also encourage you to check their State Bar license with the State Bar Organization who has licensed them. In California, you can check at the link listed below. With any immigration procedure, you must always weigh the risks and the benefits of every step you take. Good luck!

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