Skip to main content

Planning for Children in Case of Deportation

The current immigration climate is tense. Undocumented people fear not only for deportation but also for the care and wellbeing of their children.  It is important that people that are undocumented make plans in the event that this situation takes place. Among the first things to be planned is the provision of care and supervision of minor children while the parents are in the process of the deportation.

It is important to keep all detail information of the child. If the child is an American Citizen, having their passports updated should be a priority. In addition, it is often suggested to create a power of attorney limited to the event of deportation. In this power of attorney, the parents should assign a guardian to take care of the child and allow permission to travel with the guardian. The undocumented person should also consider leaving financial provisions for the care of the child.

It is often recommended that the undocumented person carries information of their attorney or a legal service organization. Their immigration paper should be safeguarded as some people are in the process of obtaining legal status. 

If ICE comes to your home, they need a valid search warrant signed by a judge. An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they come to your home unless someone agrees. If ICE stops you on the street, you have the right to remain silent.





Disclaimer:
The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this website has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey.
If you have any question regarding this website please contact our office directly.
ADVERTISEMENT: This website contains attorney advertisement within the meaning of the Rules of Professional Conduct governing the practice of lawyers in the State of New Jersey.  This website is considered an “advertisement.” Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If the representations made on this website are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625.
Bankruptcy Practice Disclosure: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code



Comments

Post a Comment

Popular posts from this blog

Divorce Mediation in New Jersey: In looking for a Divorce Mediator.

Divorce Mediation in New Jersey By: Marina Ginzburg, Esq. I. What should you expect from a Divorce Mediator in New Jersey? 1) Impartiality . People that are seeking the help of a divorce mediator need to know that the mediator does not take sides. We listen to both parties positions, their expectations and their needs and make recommendations in accordance to the facts presented. 2) Fair Dealing :  I am mentioning fair dealing because acrimonious process of divorce can have a painful and traumatic emotional reaction that often time one party gives up just to make the matter go away. This knee jerk reaction causes that party to put themselves in such as disadvantageous position that they may no be able to go back. By taking out the stress and the emotion of going to court the couple can reach a mutually acceptable agreement.   I mention the word acceptable because nobody is going to get 100% of what they want that is the reality.  The fact that the couple ca...
Post a Comment
Read more

Landlord's Return of Security Deposit to Tenant

The complete text of New Jersey’s security deposit law can be found at New Jersey Statutes Annotated 46:8-19 to 26. In New Jersey, generally a landlord must return the security deposit within 30 days after tenant move out or lease termination. The landlords are also responsible to return any accumulated interest or earnings. There are other situations in which the landlord has to return the money faster.  In the case in which a tenant has ended their lease because they are a victim of domestic violence, the landlord has 15 days to return the security deposit. Also, if a tenant has been displaced due to a floor, fire, evacuation or condemnation of property, the landlord is required to return the security deposit within 5 days. A landlord may be able to keep all or a part of a tenant’s security deposit for unpaid rent and for damage to the property in excess of normal wear and tear.  However, the landlord is not allowed to make any deductions from the security deposit unt...
Post a Comment
Read more

NEW JERSEY EQUITABLE DISTRIBUTION

New Jersey is an Equitable Distribution State. This means that marital assets will be divided in a manner that is considered fair but not necessarily equal for the parties. Below we have developed an outline to give a general overview on Equitable Distribution in New Jersey. Equitable Distribution in New Jersey an Outline Overview. I.         Assets subject to Equitable Distribution a.         Assets that are Acquired During the Marriage b.       Assets acquired in contemplation of marriage II.       Assets Immune by Statute a.        Premarital – except the increase in active assets value due to efforts of non-owner. b.       Inheritances c.         Gifts from third parties III.     Specific Assets: Subject to Equitable Distribution a.  ...
Post a Comment
Read more