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

Popular posts from this blog

RIGHTS AND RESPONSIBILITIES OF ROOMMATES IN NEW JERSEY

Renting an Apartment With Roommates When two or more people sign the same rental agreement or lease, they are co-tenants and share the same legal rights and responsibilities. The problem with this situation is that one roommate's bad behavior affect them all.  Cotenants may decide to split the rent equally or unequally between themselves. However, this agreements amongst roommates don't affect the landlord. Each cotenant is independently liable to the landlord for all of the rent. Landlords often remind cotenants of this obligation by inserting into the lease a that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement. A landlord can legally hold all cotenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice.  For all sorts of reasons, roommate arrangements regularly go bad.    Roommates make lots of informal agreements about splitting...

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.  ...

When do I need to Probate A Will in New Jersey?

PROBATE AND WILLS IN NEW JERSEY As Estate Planning Attorneys in New Jersey we often get asks whether probate is necessary if the decedent has a Will.  To better answer this question we need to know what is probate.  Probate is the process which permits an executor to transfer assets as directed by a decedent in their Last Will & Testament to the beneficiaries in accordance to the decedent's Will.  In order to make a determination of which decedent's assets must go through probate, we need to determine the tittle in which the asset is held. Assets held in the name of the decedent alone such as real estate, personal property and monies owed to the testator will generate be transferred through probate.  There is however a caveat in this situation as to some financial firms provide beneficiary designation forms which may transfer these accounts without probate. Assets held by the testator and another person jointly, with a right of survivorship, are said to be ...