Stanley Dale Radtke's Answers

Will me getting government assistanse affect my boyfriends case in proving "extreme hardship on his kids" ?

In reading over your question, I am somewhat concerned about your residency status. You state, "will it affect me later on when I want to get my citizenship" and this infers that you are not presently a U.S. citizen. If you are presently a Lawful Permanent Resident, then your sponsor is fully liable to repay the government for all the public assistance you receive. If you do not have status, then you should be very careful about your situation in applying for public assistance without legal...

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My sister's father is an american who lives in Idaho and want to petition my filipino sister who lives in the philippines

The first step in a very long process is for your sister's father, the U.S. citizen to file and I-130 petition with USCIS. Here is the language from the USCIS website discussing the I-130 petition. ************************* The purpose of the petition is: For citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States. Note: A separate form must be filed for each eligible relative....

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Can a child get social security under his father's social security benefits. his father gets it because he is disabled.

When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify. To receive benefits, the child must be unmarried; and be under age 18; or be 18-19 years old and a full-time student (no higher than grade 12); or be 18 or older and have a disability that started before age 22. Normally, benefits stop when...

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How long it takes to receive decision? Do I have to worry about my application?

You were issued an RFE, a Request for Evidence. This means the USCIS Officer did not make a decision on your N-400 application at the conclusion of your interview. Normally, the application was been reviewed and if documents or evidence is missing, then the officer conducts the interview and issues the RFE at the conclusion. I would suspect that USCIS has concerns about the bona fides of your marriage and hopefully you have provided sufficient documentary evidence. This is one of the...

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Getting into Canada with a 1203.4 for a wet reckless

Your "Wet Reckless" conviction can be a bar to entry into Canada because it is a alcohol related driving offense. The Canadians equate driving under the influence on the same level as attempted murder and a DUI offense will be a bar. However, as far as I understand the Canadian immigration system, (I am only licensed in the State of California and I have no knowledge of the Canadian system) an expungement under 1203.4 eliminates the offense for immigration purposes. Remember that the...

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Is there anything to be done to stop this deportation?

The short answer is perhaps. It depends upon his present status, the nature of the criminal offenses, and whether he has any potential relief from deportation. Is he married? Does he have U.S. children? Where are his parents? How did he obtain his current status, immigration, refugee, employment??? He needs to consult with an experienced immigration attorney knowledgeable in deportation defense. Stanley Dale Radtke, Esq. 220 Montgomery Street, Suite 416 San Francisco, CA 94134 415-...

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What is the statute of limitation of civil case of assault and battery?

Under the California Code of Civil Procedure, section 335.1, states that you have two years from the date of the injury in which to file your complaint. This statute of limitation does not involve a government actor. You MUST consult with an attorney as soon as possible so that you do not waive any possible claims for recovery of your injuries. Stanley Dale Radtke, Esq. Law Offices of Haitham Edward Ballout 220 Montgomery Street, Suite 416 San Francisco, CA 94104 415-252-1234 http://...

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How long the immigration court has to file or reject a cancellation of removal application from the date the receive it?

An application for Cancellation of Removal is filed with an Immigration Court defensively, meaning that you have previously been placed into removal proceedings. At one of your Master Calendar Hearings before the Immigration Judge, you or your attorney will be ask what form of relief your will be seeking. At this point you will ask for cancellation of removal. Depending on your status, you will either file and EOIR 42A (for an LPR), or an EOIR 42B (for a non-LPR). Your Immigration Judge will...

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Can I get social security and unemployment at the same time. This has nothing to do with SSI or SSDI. I need a straight answer !

Yes, you can collect UI and Social Security Benefits at the same time. Unemployment benefits are not counted as wages under the Social Security annual earnings test, so it won’t affect your Social Security benefits. However, the amount of your unemployment benefit could be reduced if you receive a pension or other retirement income, including Social Security benefits. For more on work and benefits, go to www.socialsecurity.gov/pubs/10069.html. For a full discussion of your...

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Can I receive unemployment benefits and Social Security benefits at the same time in the state of CA? Will either be reduced?

The short answer is Yes. You must however, report your social security income to your state's unemployment board and they may reduce your benefit accordingly. Here is the answer direct from the Social Security Administration website. ******************************************************************************************************* Question? Can I receive Social Security benefits and Unemployment Insurance benefits at the same time? Answer Unemployment Insurance...

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