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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • If I am a permanent resident, do I need to renew my Employment Authorization Card?

    When I came to the US, I had an H1-B visa. I went through all the paperwork and after some time recieved a Permanent Resident (Green) Card for myself and for my wife. At the same time I also recieved an Employment Authorization Card (EAD). The ...

    Todd’s Answer

    • Selected as best answer

    You do not need to renew your Employment Authorization Card. Your Green Card is sufficient proof of your ability to work legally. If you plan on applying for US Citizenship (which you should), please educate yourself on the residency rules if you spend much time abroad. They are the reason most often why people cannot apply.

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  • Is there something i can do to accelerate process of becoming a citizen(while a res.)and awaiting informal probation to complete

    i am 21 years old, a u.s. resident, lived here nearly whole life, and am about to go through process of becoming a citizen until a misdemeanor charge (completed & dismissed 07') carried me a INFORMAL PROBATION until march of next year *Note: to a...

    Todd’s Answer

    You will have to wait until the probation period is over to apply for citizenship. Being on probation or parole leads to automatic denial of an application for naturalization. Also, be sure to remember that you have to disclose the charge on your citizenship application, even though it was dismissed. You will also have to submit all relevant court documents and evidence of your completion of the probation period. Because of this additional complication, I would recommend hiring an attorney to help with you citizenship application.

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  • How do I cancel K1 Visa Petition ?

    The paperwork is already at the mexican consulate, we will be getting married in Mexico soon and I will file spousal sponsorship instead. Do I write a K1 visa petition withdrawal letter to the consulate or to USCIS or both ?

    Todd’s Answer

    Send the withdraw letter to both, though the application will be terminated just if you don't respond to the consulate.

    You'll have to restart the process by filing an I-130 with USCIS, then file th I-129F with USCIS after getting back the receipt for the I-130. There is not an additional filing fee for the I-129F based on an I-130.

    Congratulations & good luck!

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  • Biometric appointment for I-751 petition to remove conditions on residence card.

    I jointed filed for I-751 with my husband. I sent it in in the beginning of August, but its 9/21/10, i still have not gotten the biometric appointment letter. I did receive a notice for 1 year extension on my residence card 2 days after i mailed i...

    Todd’s Answer

    It sounds like they are just late in scheduling the biometrics appointment. The reason is most likely administrative. If you are concerned, you can continue to call the 1-800 number, or schedule an infopass (an in-person question session) via www.uscis.gov.

    Good luck.

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  • Biometric appointment for I-751 to remove conditions on residence card.

    I jointly petitioned for I-751 to remove condition my residence card. It's been about 7 weeks, i still have gotten any biometrics letter for biometrics apointment, but i received my receipt notice 2 days after I mailed my I-751 petiion on 8/2/10. ...

    Todd’s Answer

    It sounds like they are just late in scheduling the biometrics appointment. The reason is most likely administrative. If you are concerned, you can continue to call the 1-800 number, or schedule an infopass (an in-person question session) via www.uscis.gov.

    Good luck.

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  • Can I petition for my wife we have been married for four years?

    My wife came in to the us in october 1997 while she was a minor studied junior high and high school but no one ever petitioned for her.Is there any hope for us at this point?

    Todd’s Answer

    If you wife entered the US on a valid visa and you are a U.S. Citizen, then you can petition for your wife to get her green card without her leaving the U.S. Otherwise, you can file the petition for her, but when it comes time for her to adjust status (get the green card) she will have to leave the country and apply for a waiver from abroad. If she leaves the U.S., she risks being subject to the 10 year bar, so you will definitely want help from an attorney.

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  • Date of separation

    My husband and I have different dates of separation mine is 2010 and his is 2002. My question is his lawyer has requested a demand for production of documents and thing for inspection and copying and form interrogatories. A date of separation ha...

    Todd’s Answer

    Generally in California, the date of separation will be the day after the last day the parties cohabitated (lived together). So if you were separated for five yeras, then moved back in together for a week to try it out again, the date of separation would be the end of the week you lived together.

    In responding to discovery, a party can not make overly burdensome or ambiguous requests. It is unlikely that form interrogatories would burdensome or unclear. The time frame for the document requests (if they are from separation) may be unclear. If they go all the way back to 2002, those may be overly burdensome, so it is possible that you could object on those bases.

    In order to be sure, and to submit your objections in the proper format, it sounds like you should consult an attorney. If your ex has one, it is probably worthwhile for you as well.

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  • Can I register an LLC while receiving unemployment benefits in the state of california?

    I may have an opportunity to be contracted for a commission only job and will have to form an LLC. I am currently receiving California unemployment benefits so will the registering of the LLC affect my benefit status although I am not getting any ...

    Todd’s Answer

    Creation of the LLC should not affect your EDD, but self-employment, working for it, may. If you are listed as an officer of the company on the statement of information, filed with the secretary of state after formation, that could result in a determination of self-employment and a cancellation of benefits.

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  • Motion to compel

    I was served with a motion to compel. Do i have to file a response or just show up to the hearing . Can i re-set it to further prepare

    Todd’s Answer

    You do need to file a response. If you don't the court may view the motion as unopposed and enter the requesting party's order without a hearing. If you need to reschedule, you must either reach a stipulation with the other side or file a motion with the Court.

    At this point, it sounds like you should really contact a lawyer to help you navigate the case and figure out your options.

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  • I am a u.s citizen.My husband is illegal we've been married for 7years he is in jail and has an ice hold.what can be done

    is there anything to do to stop from being deported

    Todd’s Answer

    As a US Citizen, you can petition for the green card of your spouse. I am not sure why this wasn't done previously. There will be some complications if he entered the country illegally, i.e. without a valid visa. Then he might have to return home and petition the local consulate for a waiver.

    If he is being deported, you will have the opportunity to present your case before the immigration judge. You should hire an attorney to see if petitioning for him now will be helpful in stopping the removal and also to see if he can be bailed out.

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