How can I prepare in case I’m deported while my children are in school?

If you are at risk of deportation and have minor children who are U.S. citizens or lawful residents, it is critical to prepare legal documents in advance to ensure their care, safety, and legal stability in your absence. Below is a list of essential legal documents you should prepare, along with an explanation of each:

📝 Essential Legal Documents to Prepare

1. Designation of Temporary Guardian (Temporary Guardianship Letter or Power of Attorney)

Purpose: Legally allows a trusted adult to care for your child temporarily, make school and medical decisions, and ensure continuity of care.

What it should include:

Names and contact info of parents and guardian.

Specific powers granted (medical, educational, housing, etc.).

Duration (typically 6–12 months; renewable).

Where to file: Some states allow notarized letters; others require court filing. Texas, for example, allows a power of attorney for temporary guardianship without court involvement.

2. Power of Attorney for Minor Children

Purpose: Grants another adult legal authority to make decisions on behalf of your children in your absence.

Types:

General: Broad decision-making power.

Limited: Specific decisions like enrolling in school or medical care.

Must be notarized to be legally enforceable.

3. Parental Consent for Travel

Purpose: Allows the child to travel (especially internationally) with someone else or alone if you are detained or deported.

Should include:

Child’s full name and DOB.

Travel details.

Name and relationship of adult traveling with the child.

Notarized signature of both parents, if applicable.

5. Important Identity and Immigration Documents (Copies)

Keep a binder or folder with the following:

Your and your child’s birth certificates.

Your child’s U.S. passport or green card.

Social Security cards.

School records and immunizations.

Medical insurance cards.

Your immigration documents and A-number (if applicable).

Your attorney’s contact information.

📦 Emergency Plan to Go With the Legal Documents

Create a "Family Preparedness Packet" and store it somewhere safe but accessible.

Inform your designated guardian(s) and give them a copy of the documents.

Provide the school and pediatrician with a copy of the guardianship and power of attorney forms.

Memorize important phone numbers and teach your children whom to call in an emergency.

Ensure your child knows their full name, address, your full name, and where the documents are.

🔒 Optional but Recommended

Will and Testament: For long-term planning of custody and assets.

Letter of Intent: Describes your wishes for your children’s upbringing.

Authorization for Release of Information: So the guardian can talk to your child’s doctor, school, and others.

Contact us so that we can guide you through the preparation of these documents and prepare for your particular circumstances. You can call 832-800-3572 or schedule an appointment here under the appointments tab.

How can I apply for a juvenile visa for my child?

What is a special juvenile status visa and how can I get one for myself or a child?

A Special Immigrant Juvenile Status (SIJS) visa is a form of immigration relief available to certain undocumented children in the United States who have been abused, neglected, or abandoned by one or both parents. It allows the child to apply for lawful permanent residency (a green card) once a visa becomes available.

✅ What Is Special Immigrant Juvenile Status (SIJS)?

SIJS is a pathway to legal residency specifically for foreign-born children under 21 (the age can be limited to 18 based on what State you are located in) who have been subject to abuse, neglect, or abandonment by one or both parents and who cannot be safely reunited with them.

It is primarily designed to protect vulnerable children and provide them with stability and a lawful immigration status.

🎯 Who Is Eligible for SIJS?

To qualify, ALL of the following must apply:

Under Age 21 at the time of filing the petition (Form I-360).

Unmarried at the time of filing and through the process.

Must be physically present in the U.S..

Must have a juvenile court order (from a state court such as a family or probate court – this portion of the process can be limited to the age of 18 although the visa application can be as late as 21 depending on which State you are located in) that:

Declares the child dependent on the court or places them in custody of a state agency or individual.

Finds that reunification with one or both parents is not viable due to abuse, neglect, or abandonment.

States that it is not in the best interest of the child to return to their home country.

📋 How to Apply for SIJS

Step 1: Obtain a Juvenile Court Order

File for a custody, guardianship case ,or a declaratory judgement in state family court.

The court must issue findings about dependency, reunification, and best interest based on abuse, neglect, or abandonment.

⚠️ Important: The immigration court does not issue this order—you must go through state court.

Step 2: File Form I-360 with USCIS

This is the SIJS petition.

Attach the juvenile court order and other supporting evidence.

No fee required for SIJS.

Step 3: Apply for a Green Card (Form I-485)

Once the I-360 is approved and a visa number is available, you or your child may apply for adjustment of status to become a lawful permanent resident.

Children from El Salvador, Guatemala, or Honduras may experience visa backlogs, so it's important to check the Visa Bulletin each month.

⚠️ Key Warnings

Once SIJS is granted, the child cannot petition for a green card for their parents, even after obtaining lawful permanent residency or citizenship.

If you're interested in pursuing SIJS for your child or yourself, I can guide you on the next steps specific to your case. Call 832-800-3572 to schedule an appointment or you can request one here on the appointments tab .

I missed my Immigration Court Hearing. Now what?

I missed my Immigration Court hearing, What happens now?

If you fail to appear for a scheduled immigration hearing the immigration judge may issue an in-absentia removal order if you were;

1. properly notified and

2. did not apepear as scheduled.

To be properly noticed usually means that a notice to appear was sent to your last known addresss, and you were told about the consequences of missing court. The immigration court then notifies ICE that you’ve been orderd removed and you are now subject to immediate deportation. ICE may issue a warrant of removal (Form I-205) and then can come to your home, workplace, arrest you, and detain you for removal from the U.S.

Please keep in mind that with recent policy changes coming from the current administration, you could be detained and held in custody even while your proceedings are pending without a removal order.

There are several things that you can do following a removal order when you failed to appear in court. An option, depending on your circumstances could be a Motion to Reopen. The reasons why a judge might grant this type of motion is limited. To get an accessment on your particular circumstances and to determine whether is might be an option for you please call our office for an appointment. We’d love to help you get your immigration case back in court.