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Como abogada de inmigración, una de las preguntas más frecuentes que recibo es cómo un hijo adulto ciudadano de los Estados Unidos puede ayudar a sus padres que no son ciudadanos a convertirse en residentes legales permanentes. Desafortunadamente, las leyes de inmigración en los Estados Unidos son complejas, y la respuesta no siempre es sencilla. La respuesta es: tal vez.

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.

Eso depende. Recuerde que el DMV comparte su información con el gobierno federal. Si tiene alguna orden de deportación, o un historial criminal mal, podría ser una mala idea para obtener una licencia.