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You are here: Home / Immigration Law / Who Will Care For Your Children?

August 27, 2013 By Matt Griffith

Who Will Care For Your Children?

It is not fun to contemplate your deportation, but worse is considering who might handle your affairs or who might care for your minor children should you be detained or deported.

Power of Attorney– It is important to prepare a Power of Attorney to protect the children, money and property of someone who may face deportation. When individuals create a power of attorney they are stating what they want someone to be able to do for them if they are detained or deported.

How to Protect Your Children– Children who are U.S. citizens may return to their parents’ home country or remain in this country with an appropriate caregiver selected by the parent. If the children are to join the parent following deportation, then create a notarized letter of permission for the child to travel outside of the United States with a named adult person. This may help ensure that children are not placed into child protection services and that they can travel with their parents if they are deported. Write down the intended plan for children who may be left behind.

What to Do if You Have a Bank Account– Once an immigrant has opened a bank account in the United States, he or she should complete the IRS Form W8-BEN. IRS Form W8-BEN converts a U.S. bank account to a bank account for foreigners.  Once this change has been made, the account can be managed from anywhere in the world.

Steps Families or Friends can Take

  • Immediately collect the immigration documents of the person in detention. (Specifically, the detainee’s A number and obtain a copy of the Notice to Appear).
  • Call the telephone company to remove any blocks on the family phones so the detainee can call home
  • Undocumented individuals should not visit the jail or detention center
  • Verify that the detainee has created a Power of Attorney to protect children and assets
  • Call the facility and ask about visitation restrictions and requirements
  • If the individual wants to hire a lawyer, provide him or her with referrals of lawyers experienced in deportation defense—Always consult an immigration attorney before signing or filing anything. Immigration , citizenship, and visas are complex legal issues with changing regulations!

Beware of the following when looking for an attorney

  • Notaries, consultants, service bureaus, travel agents, or others who promise quick, easy solutions to immigration problems.
  • Anyone who guarantees they can get you a visa for a certain fee.
  • Lawyers from other countries who do not know U.S. laws and are not licensed to practice in the U.S.
  • People who want money to influence or bribe someone working on the inside
  • Be wary of unlicensed operators. They are known for taking people’s money and doing nothing. Or worse, they may lie to the government in your name and cause you to be deported from the U.S.

If you have questions about your immigration status, a Power of Attorney, a Guardianship, or ways you can protect your children, home, cars, or other property in case of deportation, call us at (317) 236-0486 for a free consultation. We are Griffith Law Group and are here to help you know your rights.

Filed Under: Immigration Law

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