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Annaluisa Padilla

Annaluisa Padilla’s Answers

65 total


  • CA divorce procedures, finalizing divorce

    the last activity on my divorce was back in 2001 it was never completed< at the rancho court house> when i check on line, its still active file, so i cant refile how do i go about finalizing this divorce

    Annaluisa’s Answer

    It is unclear from your question if you are the petitioner (the person who filed for divorce) or the respondent (the person responding to a divorce). Review your court file and determine if a response was filed. If no response was filed, you may request the court enter a default in the matter and then you can prepare a default judgment for filing with the court. There are forms you need to complete and file with the court. You can find the forms at the website listed below. If a response was filed, you will have to request the matter be set for trial. If there are children or property involved, I would encourage you to consult with an attorney in your area for preparation of a settlement agreement, or stipulated judgment.

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  • Altered child support because of dismissed restraining order

    I am paying child support based on a restraining order and suporvised visitation. The restraining order was dismissed and I get my two daughter's every other weekend and Monday. Would it be wise to try to get my child support re-evaluated or leave...

    Annaluisa’s Answer

    Both parents have a duty to support their children. Child support is based on the custody/visitation agreement or order of the court and the income and expenses of the parents. This is determined by statutory guidelines established by the State of California. I encourage you to consult with an attorney or a non-profit organizatiion to have an idea if your new visitation schedule will affect the amount of guideline child support you have been ordered to pay. Your request for child support modification is independent of any other issues pending before the court. If the court has not addressed the issue of spousal support, your ex-spouse may request spousal support by filing a motion and presenting the issue to the court or at trial.

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  • Immigration sponsorship by non relative

    Hello, I was granted a Convention against torture status. A friend of mine works for the city of Los angeles and wants to sponsorise me. I am eleigible? Thank you

    Annaluisa’s Answer

    Your question does not provide enough facts to determine your eligibility for immigration benefits. You state that you were granted relief under the Convention Against Torture, which means that the Department of Homeland Security has allowed you to remain in the United States. This however does not necessarily make you eligible for other relief. I encourage you to consult with an immigration attorney in your area and discuss all the facts of your case and the grant of your current status.

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  • Process for ordering copy of denied I-400 immigration application

    HOW CAN I OPRDER COPY OF MY DENID APPL 1-400 ?

    Annaluisa’s Answer

    It is unclear from your question what application you wish to obtain. An application for naturalization is form N-400. You may obtain a copy of your immigration file through the Freedom Of Information Act (FOIA) by filing form G-639 with the Citizenship and Immigration Service. The form and instructions are available on line at their website.

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  • What can i do? To leave without a divorce?

    I am married in california and i am a citizen of Nigeria,i came to the US on a K-1 visa,ever since i am my spouse got married,she has been unbelievably frustrating. The marriage is just 30days old.What can i do? She is asking me to leave?

    Annaluisa’s Answer

    I would encourage you to consult with an immigration attorney in your area reagrding the impact leaving your spouse may have on your immigration status. Any action you take regarding your marriage or living situation with your spouse may affect your immigration status and you must be fully appraised of these issues before you do anything in your case. if there is any abuse or domestic violence, there are various forms of relief for you. Good luck

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  • CA family law

    I requested to enter default in my divorce case in July and have not heard from the court. How long does it take?

    Annaluisa’s Answer

    Every county has different local procedures for processing default judgments. i suggest you check with the court clerk with the court you filed. If you are still unable to get an answer try setting your case for a default hearing. At the hearing, bring newly prepared originals and copies of your judgment and submit to the judge. Good luck.

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  • If the mother does not work and not looking for a job is child support required

    why do you have to pay child support to a mother who does not work and does not plan on looking for a job

    Annaluisa’s Answer

    Child support is for the benefit of the child or children of the relationship. Child support is ordered based on both parents current income and expenses and if properly argued on the parents' ability to earn. I would recommend that you consult with an attorney in your area to determine if income may be imputed to the non-working parent. This issue however is dependent on the best interest of the minor child or children and the court will consider the ages of the children and whether employment of the parent will interfere with the parental duties of the non-working parent to the detriment of the children. You will need to discuss with an attorney all relevant factors regaring the children, the current custody orders and the employment history of the non-working parent and the reasons for non-employment of the other parent.

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  • Rights to custody for an immigrant who recently married a US citizen, but wife may seek divorce

    I was previously an illegal immigrant who recently got married and had a baby with a US citizen. The baby was born in the US. I got married on March 2008 and our baby was born on August 2008. I recently received my work permit from INS and the ...

    Annaluisa’s Answer

    Your immigration status will not be the sole factor in the court's determination of custody and visitation of your child. The court's analysis is focused on the "best interest of your child". Notwithstanding, the court may inquire about your immigration status and possiblity of deportation in determining the "best itnerest" of your child. I would highly recommend that you consult with an immigration attorney to ascertain the effect a divorce will have on your pending immigration case. Divorce if you are obtaining your legal residency through your spouse may terminate your case.

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  • Marriage with order of Deportation

    I entered the United States when I was only six years old, in the year 2000. In the year 2001 my parents applied for permanent residence as refugees, including my sister and I. Sadly, we exceeded the one year time limit, which is what resulted i...

    Annaluisa’s Answer

    There are more issues than you think in your scenario. First, your mother cannot legally marry anyone else until she divorces your father. if she does, she could be charged with bigamy and things could only get worse. You do not give enough facts about your situation in 2000. You must first obtain refugee status and maintain such status for one year prior to applying for permanent residence. If you do not apply for refugee status within one year from arriving in the United States there is a bar to your application, which can be overcome under certain limited circumstances - so it is not clear if your application for refugee status was denied or your application for permanent residency. You may have some relief if you did not receive the notice of denial. You do not specify what happened at the port of entry with the border patrol and it is not clear whether you were removed or asked to withdraw your entry - these are important in determniing your relief.

    I would strongly encourage you to consult with an attorney who ascertain many more facts to provide legal advice.

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  • Affidavit of Support

    Hello Sir/ Madam, After I130 approval, petitioner and beneficiary has to submit different document and fees and forms to NVC. apart from personal documents ,these are mentioned on website. Which are applicable for I130...

    Annaluisa’s Answer

    Peter - I recommend you read the instructions from the NVC very carefully. These will guide you step by step on what needs to be done and when. The petitioner must complete the affidavit of support form I-864 and provide supporting documentation. You can find the instructions on how to complete the I-864 at teh USCIS website.

    The DS-156 must be completed by the applicant of a non-immigrant visa. If the petitioner has filed an I-130, this form is not applicable. Most immigrant visa applicants must complete form DS-230. Once you receive instructions from the NVC you should check with the particular consular post or embassy where the immigrant resides for particular details on the process. I have included the Department of State's website listing the various consular posts.

    The I-864A is needed if the petitioner does not meet the minimum income requirements for the I-864 and a household member will contribute their income to meet the requirements. Again - check the instructions for this form at the USCIS website.

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