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Questions Answered by Liliana Gallelli
1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for California on
Q: hello i am living a troubled and abusive marriage, i have two daughters and i want to divorce.

I am Brazilian, married to a Brazilian who is an American citizen, i'm in the process of being Greencard, but our marriage is terrible and this is affecting children. i want to divorce because he treats me badly and i want to know more about my rights what can i do regarding custody of our... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jul 21, 2020

You may qualify to obtain a green card despite the divorce under the law known as "VAWA"; a self-petition for spouses who are abused by a US citizen or resident spouse. With regard to the custody, that needs to be resolved in divorce proceedings in Family Court which is a legal process... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I am a green card holder and filled my petition i130 on july 1st for my wife . How ling does it take uscis to process
Liliana Gallelli
Liliana Gallelli answered on Jul 21, 2020

It depends on many factors: your jurisdiction, on your wife's current status and whether she is in the United States, whether the application is subject to an interview (e.g. she is in removal proceedings). See the following link to get real time information:... Read more »

2 Answers | Asked in Immigration Law for Wisconsin on
Q: I am an F-1 overstay. Married to USC. I-130 approved. I-485 is pending. ICE came searching for me and I got NTA.

My Master hearing was canceled due to COVID. What are my chances of receiving benefits such as EAD? I have been married for 4 yrs with an infant. Lived in the USA since 2008.

Liliana Gallelli
Liliana Gallelli answered on Jul 7, 2020

There are many ways you can qualify for a work permit. One way is if you are eligible for Cancellation of Removal as an application for defense from removal. If you have lived in the US for over 10 years (not more than 90 days absent during those 10 years), if you have "good moral... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: I am green card holder planning to complete affidavit of support to sponsor my spouse and two kids to US. Question is:

My income for last year was $18.000 however my current individual income is $35.000, I checked that my current income meets poverty guidelines and enough for sponsorship. However may I file to sponsor my family by reporting my last year income which is lower and does it affect sponsorship and... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You can file now and not wait until next year but USCIS may send you a request for evidence because of the lower income from the currently filed tax return (despite having a current income higher than the poverty guideline threshold). The request may request a joint sponsor (i.e. another person to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: I ve been deported from U.S in 2017 by immigration.Can I re-entry?

Hi there ,I ve been deported from Miami airport on March 2017 ,trying to comeback again in Miami after a short holiday in sud America.Immigration stopped me at the airport and ask me several questions Till they found out I was working illigaly there using someone else NIE number.The immigration... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

You may be eligible for a waiver. You must check eligibility for filing an I-212 waiver to enter the United States before the penalty period for the deportation order is complete. Depending on the reason for the deportation and whether there have been prior deportations, the penalty period can be... Read more »

2 Answers | Asked in Immigration Law on
Q: Get a non conditional visa 2 years after the marriage, the petition or the approval of the immigrant visa?

USCIS announced they will furlough most of their staff. That will probably slow the processing of our F2A petition. Besides, there are more COVID cases in the USA than in my home country. In this context, is it a good idea to wait a bit longer to enter the USA late enough to avoid a CONDITIONAL... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

The 2 year conditional period begins upon approval of the green card/immigrant visa. You can apply to remove the conditions 90 days before the 2 year anniversary on form I-751.

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4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

The family petition by your parents will not affect your asylum case. Be sure to determine whether you are eligible to adjust status (i.e. get your green card within the United States), because if you are not, then you must consular process. Consular process means that you must return to your... Read more »

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2 Answers | Asked in Immigration Law for Texas on
Q: Im permanent resident alien of us since age 7 how can I prove it. Without paying so much. Are there any militaryloophols

Came over as minor on mother's passport. Stepdad air force now retired. Been here since 1983, lived on bases till I ran away from abusive home. All paper work destroyed in fire. Help

Liliana Gallelli
Liliana Gallelli answered on Jun 27, 2020

I believe the first step would be to request your immigration file with form G-639. Under the Freedom of Information Act (FOIA), persons have access to government records. With this information you can take the next step and even proof of your legal status in the U.S.A.

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