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A United States Citizen Child who is twenty-one (21) years old or older can file a "Petition for Alien Relative" on Form I-130. A Family Petition is a form that only establishes the family relationship that exists between the parent and the child. To start a residency application, a Non-Citizen (of the United States) needs to prove that they have a "qualifying relative," or rather, that there is a family relationship that exists to make them eligible to apply to become a legal permanent resident. If a a Non-Citizen can prove that they have a United States Citizen Child who is over the age of twenty-one (21), then their Family Petition on Form I-130 will be approved. However, an approved I-130 Petition only means that a relationship exists that would allow a person to submit another application to become a resident (if they qualify for that other application).

A restraining order is an order from the court that protects a person from someone who mistreats them, threatens them, fights them, or assaults them physically or sexually. The person asking for a restraining order is usually called the "protected person." The person who the restraining order is against is called the "restricted person." You can include "other protected persons" in your application for a restraining order if you believe they are also in danger. There are two types of restraining orders: Civil and Domestic Domestic Violence Restraining Order A domestic violence restraining order is usually against someone that you had a romantic relationship with, have children with, live with, are a immediate blood relative with, or dated. In order to obtain a domestic violence restraining order, usually you go to the court and fill out various forms such as the DV-100, etc. It is important to include a declaration in your paperwork because a Court needs to look at the conduct of the restricted person (the way they acted towards you, and when they did something harmful to you). Typically, the older or longer away the abuse occurred, the less likely you are to succeed. This is because restraining orders look at the current danger, and the probability of future danger. All you have to show is a preponderance of the evidence that you need protection. If a Judge believes that your arguments are valid, the Judge grants a "Temporary Restraining Order," which prevents a person from coming within 100 yards of you and places you reside, work, etc. An order also restricts the person from doing harmful things towards you. If a Judge doesn't think there's any danger at that moment, then no orders are given. Whether or not you get the Temporary Restraining Order, the Court will give you a Court date. You MUST have someone else (that's not involved with the case) personally serve the restricted person to notify them of a court date. At your Court date, be prepared to argue your case. Restraining orders can be granted for a certain number of years! If the Judge doesn't believe you proved your case, then there is no restraining order. Civil Restraining Order A civil restraining order is usually against someone that you are not immediately blood related to (aunts, uncles, cousins), neighbrs, co-workers, or basically anyone with whom you do not have a romantic relationship with that has threatened or harmed you. In order to obtain a this type of restraining order, usually you go to the court and fill out various forms such as the CH-100, etc. Basically, it's the same process as above. Include your declaration because the Court needs to look at the conduct of the restricted person. All you have to show is a preponderance of the evidence that you need protection. If a Judge believes that your arguments are valid, the Judge grants a "Temporary Restraining Order," which prevents a person from coming within 100 yards of you and places you reside, work, etc. An order also restricts the person from doing harmful things towards you. If a Judge doesn't think there's any danger at that moment, then no orders are given. Whether or not you get the Temporary Restraining Order, the Court will give you a Court date. You MUST have someone else (that's not involved with the case) personally serve the restricted person to notify them of a court date. At your Court date, be prepared to argue your case. Restraining orders can be granted for a certain number of years! If the Judge doesn't believe you proved your case, then there is no restraining order.

An expungement is a process in which you "erase" your criminal record. Most criminal convictions are public record, which means that anyone can search your record. The following information relates to misdemeanor cases only. Felonies are a bit more complicated. In California, you can't erase a case completely, but if you get an expungement, you can honestly tell a job that you have no criminal conviction. This means you don't have to disclose your conviction. When you apply for an expungement, you do it under Penal Code 1203.4 or 1203.4a. In California, when you apply for an expungement your case is reopened, the guilty plea is withdrawn, and the charges get dismissed "in the interest of Justice."

On January 4, 2016, the Secretary of the Department of Homeland Security, Jeh C. Johnson, made the announcement that the Department of Homeland Security's (DHS's) Immigration and Custody Enforcement (ICE) would be conducting raids to send people to deportation. According to the secretary, no one who comes here illegally will be allowed to stay. You can read his statement here: http://www.dhs.gov/news/2016/01/04/statement-secretary-jeh-c-johnson-southwest-border-security Supposedly, the focus of the raids are to take people that were (1) caught crossing the boarder after May 1, 2014; (2) were deported by an immigration judge; (3) don't have any appeals, or asylum claims.

Under the Immigration and Nationality Act (the laws that run immigration), a person that is a Legal Permanent Resident, Deferred Action Recipient, or Undocumented will have SEVERE consequences if they are caught with drugs. Basically, if you're not a United States Citizen, you're going to be REMOVED or DEPORTED from the United States for any drug conviction. Though there may be some intricacies in the law for Legal Permanent Residents, it's best not to take the chance. Protect your brain. Protect your status!! It's just not worth it. What About a Dismissal With Deferred Entry of Judgement (DEJ)? Prior to July 14, 2011, when a person had only one conviction for a possession of a controlled substance and obtained a dismissal after they did a rehabilitation program, the Federal Courts said that they wouldn't have any bad immigration consequences. After July 14, 2011, this is no longer true. Why? Because a case named Nunez-Reyes versus Holder decided that a first conviction for a minor drug offense CANNOT be eliminated by a dismissal with deferred entry, or rehab. A guilty plea is a guilty plea, even if it is dismissed later. But, this isn't fair!! Look, having a little bit of drugs is not a good thing in the United States. If you have a drug problem, you need to do what it takes to get better. DON'T carry drugs on your person. DON'T drive around while you're under the influence of drugs. DON'T take the easy way out by selling drugs. Anything worth having in life isn't easy, so don't think that doing drugs is the answer. Because in the end, you might wind up breaking your family's heart by getting removed or deported from the United States.

There are a number of reasons why a person may get detained by Immigration and Customs Enforcement (ICE). But a criminal case is the most likely reason you, or your loved one might end up in B-18; but it is not an exhaustive list. Criminal Charges When a person without legal documents has a criminal case, it might alert ICE that you are in the Country. This is especially true if you are being charged with a crime that will get you deported, or found inadmissible, like Domestic Violence. Criminal charges will typically alert ICE that you are in the country, or that you are undocumented. While you are in jail, an ICE officer will start to interview you, and you might end up with an ICE hold. An ICE hold means that you can't be released from criminal jail because ICE thinks that you are undocumented, or that you should be in their custody. ICE Holds and The Interview The problem with an ICE hold is that if you get released, you will immediately go to ICE. It will cause problems with your criminal case because you can't appear if ICE decides to keep you detained. Always remember that you have a RIGHT TO REMAIN SILENT. You don't have to tell anyone where you were born, or what your immigration status is in this country. You can tell them, "I want to cooperate, but I want an attorney present if you're going to be asking me these questions."

When a person is charged with a Driving Under the Influence, that charge is considered "prior-able" for a period of 10 years from the date you were convicted. Unfortunately, a "Wet Reckless" (Vehicle Code 23103.5) is also considered a "prior-able" offense. People often think that a "Wet Reckless" means they are home free from the consequences of a DUI. On the contrary, if you were lucky enough to get a "wet reckless," the basic premise is that you made a mistake and learned your lesson the FIRST time. A wet reckless can also be considered from 10 years of the date you were convicted.

While a notary in Mexico is an attorney who can help you with your legal cases (or immigration case), the United States is very different. A notary in the United States is NOT an attorney. Do not be fooled!! More often, people are being exploited by people pretending that they are attorneys. These are people that say they have legal authority to help you "win" your immigration case. I've heard some clients tell me that they had a notary tell them, "if you give me $5000, I will make sure you are first in line for the immigration reform." The worst part is that you feel comfortable talking to notaries because they speak to you in your language (native tongue.) These people will make you empty promises about what they can do, and end up wasting your money. The worst cases I have seen are when people get deported because of a notary. So what is the difference? An attorney is a person who can practice law in the United States. A notary has no legal authority. They are just regular people who know how to cheat you. Do not be mistaken between a "notary" and a licensed notary. A licensed notary is someone that can verify documents are accurate. A real notary will have a stamp with a seal. They typically only work with documents that require a stamp - to prove that you are giving a real document. An immigration notary - the one that you should be worried about - is a person that pretends they can do your immigration case for you.