Petitioner

Question: petitioner? I would like the names of some of the petitioning companies through out the USA so I can help get signature signed for money I have been doing it for along time but only have 2 companies that i work for please send information for companies that pay per signature or that pay by the hour.

Answer: If you have two companies doing that for you then you may ask those two companies to provide further information as to which other companies are engaged in the same process.

Question: What happens if the petitioner fails to show up at court hearing? The respondent showed up to fight against not being served properly, but because the petitioner failed to show up the judge dropped the matter. Can the petitioner re-file the motion again? If they do, do they have to pay court fee again?

Answer: The claim is dismissed and yes they might be ordered to pay your costs

Question: In an Order of Protection is the Petitioner able to talk to the Respondents mother if need be? In an Order of Protection is the Petitioner able to talk to the Respondents(defenders?) mother if need be. For example if she needed to get a belonging back asap from the Respondents house. Or would that fall under the no relaying of message condition. Or does the know contacting through a third party not apply to the Petitioner. I'm confused and don't see the answer with in the court documents. *not sure if this would be the right category. I was thinking it could fall under divorce?

Answer: You need to request officers to accompany you to his home to retrieve your belongings. I work with men falsely accused, or are victims. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\

Question: Is it plagiarism to have someone place you as the petitioner in a case that you are defending? My wife and I were just served with custody change papers by her ex-husband. He wants to try to take custody of their son. I'm already on the ball about the legalities of the case itself, but I am wondering what if anything should be said about him placing her as the petitioner and himself as the respondent. She is not petitioning anything.

Answer: It MAY be fraud, but it is most definitely NOT plagiarism. Plagiarism is claiming someone else's work is your own. If SHE is listed as petitioner, she can just WITHDRAW the petition.

Question: Can my husband be the one to file divorce papers with myself listed as the Petitioner? I'm trying to get by with a cheap/uncontested divorce by doing it myself. I have my Original Petition for Divorce completed, but can't take a day off from work to actually go file. My question is, can he go file the divorce papers even though I'm listed as the Petitioner, or will I have to change him to the Petitioner?

Answer: It doesn't matter who physically presents the papers to the clerk. Many lawyers use messengers.

Question: My wife is the petitioner of our divorce and has moved out of state, does she have to be present in court? My wife and I have been separated for 7 years. We have a 17 1//2 year old son. We finally decided to proceed with our divorce now that he is older. She filed as the petitioner, our divorce is uncontested. We both live in different states. The problem is we are in the finalization process and she can't attend court. I can, but I am the respondent. My question is does she need to be there during the finalization of our divorce? I will be able to attend.

Answer: If it it is uncontested than I don't believe she does. I do believe she will have to write a letter to the courts or judge and state her reasons why she will not be there and that she does wish for the divorce to move forward and that is is agreed between the two of you that it is uncontested.

Question: Is there any advantage of being the Petitioner rather than the Responder? My understanding in California law is after filing and responder responds and wants something the petitioner has left out, the petitioner can't add after filing but the responder can. Is this true and wouldn't this make being the responder with more of an advantage?

Answer: I would rather be the Petitioner rather than the Responder, because if it's time to get a divorce I should be the Aggressor and pursue the divorce,in order to get in the paperwork what I want!

Question: Can the petitioner of a protective order contact the respondent of the order? If there is a no contact order the a petitioner of the order can not contact the person of whom they've filed. What is the correct law for GA?

Answer: A protective order is to protect the petitioner. If you contact the respondent and something happens who is to blame? It is best to abide with the court order, for your own protection.

Question: What happens when I-130 approved but petitioner becomes ill? Parent (US citizen) filed I-130 for son over 21. Received Notice of Action (form I-797) and recently received Choice of Agent and Address Form. Cannot hear from or communicate with petitioner who is ill. Any suggestions?

Answer: if nobody responds to the communication eventually the file is dumped

Question: Can my husband be the one to file the divorce papers with myself listed as the Petitioner? I'm trying to get by with a cheap/uncontested divorce by doing it myself. I have my Original Petition for Divorce completed, but can't take a day off from work to actually go file. My question is, can he go file the divorce papers even though I'm listed as the Petitioner, or will I have to change him to the Petitioner?

Answer: *** No he can't, as it needs to be notarized. Only your legal representative can, but that would mean giving him power of attorney.

Question: I am a US citizen and I am the petitioner for my sister's i130, is it possible to cancel or withdraw that? I am a US citizen and I am the petitioner for my sister's i130, is it possible to cancel or withdraw that petition from immigration (she's into fishy business and I don't want to be responsible to legalize her.

Answer: Yes, just write a ketter and to withdraw the petition. Make sure you put the petition number in the letter.

Question: Am I qualify to be petitioner of I-130 for my son if I am a conditional Greencard Holder? I have received my greencard just a week ago, it is a conditional 2 years greencard since I married with US citizen. My son now is 20 years old and is in United State as a foreign student with visa. Am I qualify to be the petitioner for him? Or can my husband file for my son? Please help.

Answer: Conditional status actually has the same benefits of permanent status. You can sponsor your son, but it will be a lower preference case, and he will not receive any immediate rights as an immigrant, rather than non-immigrant. You and he will have to meet all the requirements any other person adjusting to immigration would have as well.

Question: is it possible to deport if the petitioner died before going to US? here is the situation. the petitioner died 2007 and then the family he petitioned migrated to US 2008 is it still possible to be deported?

Answer: It is possible that they were still granted the visa because the petition was approved before the petitioner died and they were able to find a subsitute sponsor for their petition.

Question: what happens to an approved immigrant status petition to the US if the petitioner died? my aunt has received a mailer from the US INS that her petition has been approved, but her father, the petitioner already passed away. what steps should be taken in case the would be immigrant would like to continue her visa application?

Answer: The approved petition is still valid even when the petitioner already died.

Question: If a restraining order is dismissed, how can the name of the petitioner be made public? If a restraining order is dismissed, how can the name of the petitioner be made public. This is in the state of wisconsin. I would like to have the known petitioner have their name out their as well as the defendants. Yes it is a public record, however the petitioner was able to file anonymously due to their allegations, which were proven false. I would like the anonymous petitioner replaced with the real petitioner's name.

Answer: That is a matter of public record. All court cases are public record (except where children are parties). Just go to the court house and ask them for a copy of the complaint that was filed. They can charge you a copying fee so bring a few bucks.

Question: Can a petitioner be in contempt of their own order? A petitioner requested for visitation with a child, and the respondent agreed and now there is a visitation order for visits. Petitioner has not exercised these visits in 4 years. Is the petitioner considered in contempt of their own order?

Answer: The former respondent can go back to court (as a petitioner now) and ask for modfications of the visitation, since the former petitioner did not use his or her visitation. The former respondent may not want to have the former petitioner able to pop up at any time demanding his or her visitation. However, the court may think that the children should be able to see the father (or mother) and leave the old order in place. I can't say what will happen. It depends. No, it's not contempt.

Question: My bf just got hired 6 mos ago as an engineer is he qualified to become a petitioner for the K1 Fiance Visa? He met the financial requirements as a petitioner, and he has been working for six months. Is he qualified? My bf is a naturalized US Citizen and he already turned in the I-129F to the USCIS in California last month. How long will it take to be approved? We met like a few times since 2000, 2003, 2006 and recently he visited me last December 2008 until January 2009.

Answer: Assuming he's an American and the two of you have actually met at some point, yes.

Question: In a Divorce hearing where the petitioner is standing Pro Se and the Respondent i s represented ? by a cheesy attorney , What obligations does the judge have as a "fact finder"? Specifically 1 . If no one opnly objects to hearsay testimony , is the Judge obligated to strike it from the record (I heard...etc) 2 . When the Pro se petitioner is ,as a witness testifying, is the Judge obligated to ask questions relative to the factual dterminations. This is a Texas question

Answer: The judge should be neutral and not help or hinder either side. However, there is also a doctrine known as plain error that holds that a judge sometimes has duty to intervene. That is pretty limited and doesn't usually apply to regular evidence questions like hearsay, because both parties COULD make a tactical decision to not object and the court should not overrule that decision. As for asking questions of witnesses, the judge can do that, but need not do so. When a judge elects to do so, he runs the risk of overstepping his bounds and helping one party over the other.

Question: immigration problerm, if a petitioner passed away while the case is still in process, what would happened? while the case is pending, already received notice from the INS and for acceptance and had been more than a couple of years. the beneficiary is waiting for an interview. the petitioner passed away during this time, does the beneficiary still qualified?

Answer: Q: Am I still eligible for immigration if the original petitioner has died? Typically, when the visa petitioner dies, the approved I-130 petition originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a “substitute sponsor”. The Act allows the substitution of an alternative sponsor if the original sponsor has died and the Attorney General has determined that the petition should not be revoked for humanitarian reasons. The substitute sponsor must be a U.S. citizen or national, or an alien lawfully admitted for permanent residence, at least 18 years of age, and resident in the United States. The substitute sponsor must also be related to you as one of the following: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines. Q: How can I reinstate a visa petition that was revoked by the death of the original petitioner? In order to seek reinstatement of the visa petition, you must submit a statement to the United States Citizenship and Immigration Services (USCIS) office in the U.S. where the original visa petition was filed formally requesting reinstatement of the visa petition. The statement should list reasons why your case warrants reinstatement, such as your ties to the United States, or hardship that would occur to you if the request for reinstatement were not granted. You must also include with your reinstatement request a Form I-864 Affidavit of Support completed by a “substitute sponsor”. This substitute sponsor is filing the I-864 in place of the deceased petitioner, and must meet all of the financial requirements of a sponsor pursuant to the Immigration and Nationality Act 213A. With your reinstatement request you must provide documentary evidence of the death of the original petitioner, plus documentation of the relationship between you and the substitute sponsor. Finally, include a copy of your approved I-130, if available.

Question: Is a petitioner suppose to stay away from a defendant in a protection order? My friends husband is currently incarcerated due to violating a civil protection order. The woman that filed the protection order is calling him and sending him nasty messages. How can she contact him, but he is not allowed to contact her? Is that even legal? I thought both parties had to stay away from each other in a protection order.

Answer: If the petitioner were granted the protective order, the DEFENDANT is required to stay away physically (usually 100 yards) AS WELL AS to cease ANY other contact with the victim (petitioner). This applies to mail, phone calls, text messages, etc. The order even attaches to 3rd parties as well. For example, if the defendant has his brother call the petitioner and relay a message, then the DEFENDANT has VIOLATED the protective order. Also, say the defendant is in a grocery store with a cart full of groceries, if the petitioner walks in, the defendant is required to IMMEDIATELY vacate the premises (abandoning his cart). This is true because the order is against him & HE can't be within a certain distance of her (there's nothing ordering her to stay away). In theory, this shouldn't be a problem because the girl is supposedly in fear of the guy and if she were to run into him, whe would be scared and leave anyway. However, there is that percentage of people that use these orders in revengeful ways and these instances do occur. In the example that you give where the petitioner is the one contacting the defendant, believe it or not, if the defendant accepts such contact HE is in violation of the court order and can be punished accordingly. Even though he didn't originate the contact, if he takes her call, he has made contact. This is one of the caveats of protective orders. This is also how many people "violate" these orders. The woman (usually) gets an order, then misses the guy & invites him over, he goes and things may be fine for a few days but then they argue, she calls the police & reports that he was there & HE gets violated. To answer your question, NO there is nothing illegal about her contacting him but if he takes her calls or sends her a message back, he has committed a crime. The protective orders themselves are civil actions but the violation of such is a criminal matter (as he has learned). His option at this point is to show the court the messages and/or phone records showing that she is contacting him. The court will most likely grant HIM a protective order against her as well. That way if she does it again, SHE will be charged criminally. This, however, will NOT change the trouble he is already in, even if he proves that she contacted him 1st.